A Synopsis of Evilsizers, Evilsizors and Evelsizers
Appearing in American Judicial Proceedings

BY IVAN CHARLES EVILSIZER, ESQ

January 1994

**INTRODUCTION
I am an Evilsizer by birth, and a lawyer by trade. I am a descendent of Jakob Evilsizer (Evelsheimer), who settled in Berks Co, Pa, then Rockingham County, Virginia. My father is Ivan Palmer Evilsizer, my mother is Helen Marie (Barnes) Evilsizer, and my grandfather was Clarence Elmer Evilsizer. I chose the legal profession as my career, and have been a practicing attorney for 15 years.  I graduated from USD 1982. Naturally, I have wondered about the Evilsizers who have participated in American judicial proceedings. Thus lies the source of my interest, which led me to research and write this paper.
My task would have been impossible only a few short years ago. However, the computer age has made it possible to research vast bodies of information in a matter of seconds. There are two major computer database systems of legal documents in the United States-- LEXIS and Westlaw. In 1989, I used the search term "Ev*lsiz*r" on both systems (the "*" wildcard terms found different spellings, such as Evelsizer and Evilsizor). I obtained the legal citations from the computer search results, and then read the cases at the Montana State Law Library in Helena, Montana. This paper summarizes some of the more interesting cases.
I have arranged this paper by state. At the end of the discussion of each case is a citation in standard legal format. For example: "805 P.2d 1000" refers to a written court opinion which begins on page 1000 of volume 805 of the Second Edition of the Pacific Reporter (The Pacific Reporter is one of a number of official regional reporters published by West Publishing Company, which includes appellate court decisions from 15 western states, including California and Montana). Other regional reporters include: S.W.2d (2nd edition of the Southwestern Reporter, which includes Texas and Missouri), N.E.2d (2nd edition of the Northeastern Reporter, which includes Illinois), and so on. Anyone reading this who would like to read one of the complete court opinions, may simply take the name of the case and legal citation to their local law library.
LEXIS and Westlaw contain a vast number of legal documents. However, there are many documents from "lower courts" (trial courts) which are not included; for example, Superior Courts, Municipal Courts, Justices of the Peace, and District Courts. Basically, LEXIS and Westlaw only contain the written decisions of appellate courts, and some Federal trial courts. Nevertheless, my search discovered a surprising number of court proceedings involving Evilsizers.
A mystery which remains unanswered is specifically how the Evilsizers in these cases are related to me (and to other Evilsizers who read this). I do not know how any of the individuals discussed in this paper are specifically related to me. However, it is very likely that they are all descendants of the origianal Evilsizer and an unknown brother who settled in America after the Revolution (Jacob, Thomas/or Nicholas) , either by blood, marriage or adoption. I received support and assistance in preparing this paper, from my wife, Barbara (Schubring) Evilsizer, and from my sister, Sandra (Evilsizer) Koscak.
Ivan Charles Evilsizer Helena, Montana,
January, 1994.

On May 12, 1987 a house owned jointly by Lisa Johnson and Debra J. Stokes located at Route 1, Lot 150 on Forrester Road in Cusseta, Chambers County, Alabama caught fire and burned. Firemen from the Lee-Chambers Volunteer Fire Department and the East Alabama Fire Department responded, and controlled the fire within about 30 minutes. The house was 80% destroyed and all of its contents were lost. A student at Smiths Station High School was charged with arson in Chambers County Juvenile Court. The accused minor was only identified by his initials, "C.L.M. Jr.". Lisa Johnson was one of his teachers, but had recently dismissed him as her aide, and from her Model United Nations class, due to discipline problems. Justin Dean Evilsizer provided testimony at the trial. He was a mathematics teacher at Smiths Station High School and testified that C.L.M. Jr. was absent from his third period class on the morning of the fire. The trial judge found the young man guilty, and on June 28, 1988 the Alabama Court of Criminal Appeals affirmed (upheld) the conviction. C.L.M. Jr., 531 So.2d 699 (Ala. 1988)
 

San Diego Edition of L.A. Times. 11/28/1987- San Diego Highschool Football playoffs, Mt. Helix wide receiver, Eddie Evilsizer9(Edward Eugene8, Richard Henry7, Jason Eugene6, Eddon Jason5, Edon4,William Irvin3, Henry2, Jakob1)

A number of cases mention Brad Evilsizer, Director of the Department of Mines and Minerals of the State of Illinois. He apparently held this post for many years and his name appeared in all cases involving his department. See e.g. Newkirk v. Bigard, 485 N.E.2d 321 (Ill. 1985), Monterey Coal Co. v. Evilsizer, 463 N.E.2d 966 (Ill. 1984), Newkirk v. Bigard, 466 N.E.2d 243 (Ill. 1984) Based on an article in the Chicago Tribune on December 12, 1986, Brad Evilsizer was "given notice of suspension from his $47,760 -a-year job amid charges that he accepted gifts that represent a conflict of interest and that he falsified travel vouchers."

Bradley Neal Evilsizer is the son of Edward A Evilsizer and Frieta Taylor. Edward is the s/o Henry Alvan, s/o Elliott Rains, s/o Joshua, s/o "Ol Jakob"

In 1989, an Appellate Court of Illinois interpreted an insurance policy in the wake of an explosion which occurred at Electronic Plating after the delivery of hydrochloric acid by Faith Truck Lines from K & A Steel Chemicals on July 19, 1982. Marjorie Evelsizer, the brokerage agent for Clemens & Associates of Bloomington, Illinois testified at the trial before the Cook County (Chicago) Circuit Court. Empire Fire & Marine Insurance Co. v. Faith Truck Lines, 533 N.E.2d 441 (Ill. 1989)

On Friday, December 13th, police discovered the corpse of an unidentified middle-aged white male in a hotel room in the Chicago suburb of Palatine. According to police reports, the gentleman's hotel room had been broken into and burglarized, and during the course of the burglary, the man was overpowered, dragged into the hotel room's bathroom, hanged upside-down in the shower and had his throat cut. Police confirmed that the victim had been killed in a manner consistent with murders committed by the so-called "Cult of the Redeemed Apocalypse," a group of serial killers that have been plaguing the Chicago area for some time.The victim was eventually identified as Mr. Louis Evilsizer, the owner the Mystic I bookstore, a specialty store which dealt mainly in "occult tomes" and similar books. Ms. Bree Nails, the general manager of the Mystic I, informed the police that, according to Mr. Evilsizer, he had recently received a few death threats and had had his home burglarized. She believed that the threats and burglary were related to a recent manuscript that Mr. Evilsizer had acquired which originally was going to be sold in a private auction that evening. Mr. Evilsizer's home had been burglarized twice, once on the night of December 7th and then again during the day on December 12th. Both Mr. Evilsizer's hotel room and home had been thoroughly, and the police were unable to find the manuscript that Ms. Nails told them about. http://home.earthlink.net/~esasmor/chicago/news9.txt

UPDATE-Garry Evilsizer

by Sandra Evilsizer Koscak

I have been corresponding with Garry for about 5 years. He was originally sent to prison for Burglary. He was only to serve 2-5 years. While in prison in Iowa, he was in the "wrong place "at the "wrong time" and was a witness to a murder that occured in the laundry room. He refused to testify for fear of his safety, and in doing so was found guilty of "conspiring". He was to serve 20 years additional time and was moved to Oklahoma State penetentary for security reasons. He had asked me to find his family roots. In doing so , I found a completely different line of Evilsizers who immigrated to Cass Co, Indiana. Ironicly, The immigrant was also named Jacob, b c1808 in Germany and came to America after his son William was born in 1828. Garry's story has a happy ending insomuch, as he fell in love with his attorney. He was released from prison in November of 1998 and they moved to somewhere in the orient where she continues her practice, and we hope Garry is living "happily ever after"

Ronald Evilsizer, Regional Deputy State Fire Marshall, investigated an arson which occurred at a house in rural Monona County, Iowa on February 1, 1978. The conviction of Elaine Sue Hansen was reviewed by the Iowa Supreme Court. State v. Hansen, 286 N.W.2d 163 (Iowa 1979)
"Fire Marshall Evilsizer" (presumably the same Ronald Evilsizer as above) was referred to in an Eighth U.S. Circuit Court of Appeals decision appealed from the United States District Court for the Southern District of Iowa. The case involved alleged legal malpractice in the handling of insurance claims following the burning by arson of the Grub Steak Lounge in Hamburg, Iowa (in the extreme southwest corner of the state) on June 16, 1975. Morris v. Getscher, 708 F.2d 1306 (Iowa 1983)

Valva L.J. Evilsizor was the executor of the estate of Hershel Grant Evilsizor in a case before the U.S. Tenth Circuit Court of Appeals involving federal jurisdiction and bankruptcy issues. Evilsizor v. Eagle-Picher Industries, 725 F.2d 97 (Kan. 1984) The Kansas town where this case arose was not mentioned in the court opinion..

Harvey Evilsizer-9/23/1988-Kansas Court of Appeals, Overland Park Kansas, guilty of selling cocaine.

Atchison Daily Globe Atchison Kansas 01 January 1957
Harvey Ray Evilsizer, 17 and Raymond Waler Jr, 18 both of Kansas City,sentenced to reformatory at Hutchinson following pleas of guilty to robbing the Collins Liquor Store may 2

Telegraph Herald, Dubuque, IA Aug 8, 2003
James R Evilsizer, Jr, 19, 2757 Broadway St, was arrested Wednesday on warrants for charges of domestic assault. He is accused of assaulting Jennifer Sheldon, 19, 2734 Jackson St on Feb 26 and Alicia harmon, no address given, on June 24, 2002

4/8/1988- Minnesota Tax Court- Norman E Evilsizer and Kathleen Evilsizer (divorced 6/17/1980), former husband Steven R Peterson

Thomas Evilsizer sold a life insurance policy to Jennie Pitassi on February 1, 1941. Ms. Pitassi died on February 11, 1941, before the written policy could be delivered to her. A legal action by Ms. Pitassi's mother, Elizabeth Distassio, against the insurance company was appealed to the Kansas City Court of Appeals. Distassio v. American United Life Insurance Co., 179 S.W.2d 610 (Mo. 1944)

"Dr. Evilsizer, a neuropsychiatrist" is referred to in a 1964 Missouri Supreme Court decision regarding an accident involving a tractor trailer of Navajo Freight Lines based in Albuquerque, New Mexico, and a Ford truck pulling a house trailer. The accident occurred on May 5, 1960 on a bridge two miles south of Cameron, Missouri on U.S. Highway 69 (north of Kansas City; this highway is now Interstate 35). Miller v. Harner, 373 S.W.2d 941 (Mo. 1964) The Navajo truck driver was taken to Albuquerque for medical examinations, therefore, it appears certain that this is the Dr. Thomas S. Evilsizer, Jr. referred to in two New Mexico cases. See page 8

The Chillicothe Constitution, Chillicothe Missouri, Friday, Jan 16, 1914
The Sheriff Was Indeed Very Liberal
When Sheriff Evilsizer advanced $95 to Pay the passage to New York of four girls of the stranded "Soul Niss" company, he understood that the county court had authorized it and would refund him the money. Now he knows different. The Barton County Court says no premise was made and the sheriff is out the money.

April 9, 2003
Woman sentenced for illegal possession of firearm
KANSAS CITY , Mo. - A Kansas City woman was sentenced in federal court today for violating a federal firearms law. This case marks additional progress under Project Ceasefire, the district’s ongoing anti-crime initiative. Verna I. Evilsizer, 44, was sentenced by U.S. District Judge Ortrie D. Smith this morning to three years and one month in federal prison without parole. Read the Case

Monday, April 12th, 2004 - BUTLER COUNTY'S GREAT DAILY NEWSPAPER
Bank in Portersville robbed by gunman
11/02/03 - PORTERSVILLE — A lone gunman held up the Portersville office of the First National Bank of Slippery Rock Friday morning.Marti Evelsizer, a special agent in the North Pittsburgh office of the FBI, said a white male entered the bank about 11 a.m., handed a teller a note and showed a handgun.The note told the teller to put money from the drawers of all the teller windows into a black garbage bag.The teller put an undisclosed amount of money into the bag and gave it to the gunman. No one was hurt.There were a few customers in the bank at the time of the robbery.The robber fled east on Route 488 in a light blue, two-door Honda CRX that was in poor condition.For complete story, please see Sunday’s Butler Eagle or to subscribe, call (724) 282-1859.

(Emmett is the son of Oren W Evilsizer and Lilly Linebaugh. Oren W is the s/o William Irvin Evilsizer, Jr., s/o William Irvin Evilsizer, Sr., s/o Henry Evilsizer, s/o "Ol Jakob")

Clark Co, OHIO- Doris Sue Evilsizer vs. Larry Evilsizer- Divorce-1988

Champaign Co, OHIO

• 11/18/1986 Daniel Evilsizer (def), operating an illegal junkyard.

• 10/1983 Officer Bruce Evilsizer testifies at trial

• 1/31/1983 James Luther Evilsizer, wife Mary, and Charles William  Evilsizer sued by nursing home

  ---

  Cayahoga Co, OHIO- 12/9/1982- Richard D Evilsizer and Jerry Evilsizer-Automobile Accident of 10/13/1978

  ---

It is well established in Ohio that once a default in payment has been made under the terms of a Contract, and once the Note has been accelerated, the Mortgagee is entitled to Judgment. King v. Safford, (1869) 19 Ohio St. 588; Union Central Life Insurance Company v. Curtis, (1880) 35 Ohio St. 357; Bradfield v. Hale, (1902) 67 Ohio St. 316; Evilsizor v. Speckhaugh (1949) 55 Ohio L. Abs. 353; McClelland v. Bishop, (1884) 42 Ohio St. 113.

Initially it is well established that for an assessment to be appealable, itmust represent the tax commissioner’s final determination thereof. Michelin TireCorp. v. Kosydar (1974), 38 Ohio St.2d 254, 255; Evilsizor v. Tracy (1995), St.3d 297, 299

Internet sting leads to arrest
Sidney man charged with pandering obscenity

On November 15, 1967 Charles Bartling Evilsizer shot and killed his estranged wife's aunt with a .25 caliber pistol in the front yard of his wife's residence in Dallas, Texas. He stated "This will shut you up, damn you." as he shot her in the head. On January 29, 1969, he was found guilty of murder by a jury in the Criminal District Court No. 3, Dallas County, Judge James B. Zimmerman presiding. At the trial, the defendant relied upon a defense of temporary insanity: a psychiatrist testified that he suffered from "Korsakov's syndrome" on the day of the murder, and did not know the difference between right and wrong. He had also received a blow to the head during World War II, was hit on the head with a pipe in 1966, and had a drinking problem since 1946. He testified that on the day of the killing he borrowed a pistol to go deer hunting, and consumed eight beers, two highballs, and "quite a bit" of a fifth of bourbon. The Court of Criminal Appeals of Texas upheld his conviction and life sentence on November 1, 1972. Evilsizer v. State, 487 S.W.2d 113 (1972) He was imprisoned at the Huntsville State Penitentiary (north of Houston), and was paroled in 1983. However, in August, 1993 a warrant was issued for failure to maintain contact with his parole officer.

UPDATE, Charles Bartling

by Sandra Evilsizer Koscak

I contacted the Huntsville Prison and was given Charles' forwarding address. I wrote 2 letters before I received a response. I was finally contacted by his son, Douglas C Evilsizer who gave me info on his family. I had been unsuccessful in finding his link to the family. He provided me with additional info to help in the search. I searched for 4 years, until last year, I found his gravesite in Chapel Hill, ILL and together with his SS Cert and tombstone info, I was able to connect him to our family. He was s/o Henry Edward Bartling Evilsizer, s/o Charles Joshua Evilsizer, s/o Jefferson T, s/o Joshua.

Charleston Daily Mail, Charleston West Virginia Thursday Evening  Oct 3, 1931
Chauncery orders were entered in the following circuit court cases-
E L Needef vs J H Evilsizer et all, sale ordered.

Charleston Daily Mail, Charleston West Virginia Thursday Evening Feb 1 1934
The jury hearing the case of Herman Evilsizer charged with issuing a worthless check was unable to agree and was discharged. The defendant was released on $1,000 bond

Charleston Daily Mail, Charleston, WV  Wednesday Evening, Feb 16, 1940
Firm Sues For Work Done on Spencer Home
The Federal Home Improvement company of Charleston went into Circuit court Friday to collect $650 which it asserted was due for covering with Inselbric the home of W H and Maud Evilsizer in Roane County near Spencer. Mr and Mrs Evilsizer, answering the $1000 trespass action, contended that the imitationbrick covering was not properly applied. Trial of the case was expected to last throughout the day.

Charleston Daily Mail, Charleston, WV  Wednesday Evening, Feb 19, 1940
Man Draws Ten-Day Jail Term For Giving False Testimony
For testifying falsly in a circuit court trial, Byron Reinhart, Charleston carpenter, was summarily sentenced to 10 days in the county jail Monday by Circuit Judge Julian  F Bouchelle, who decalred "I cannot permit an incident like this to pass without punishment." Reinhart, former employee of the Federal Home Improvement company was a witness for that company in its $1,000 suit against Mr and Mrs W H Evilsizer of near Spencer. The company sought payment for placing an artificial brick covering on the home of Mr and Mrs Evilsizer; who countered with the charge that the work had been improperly done. Reinhart testified that he had nailed lath to the sides of the house before applying the Inselbrick covering and insisted the court had named Contractor C J Kuhn to investigate. Mr Kuhn testified Monday that he had removed 14 panels of the covering from the home and found only a few laths placed. With that revelation Monday morning, the plaintiff took a non-suit in the civil action. Strongly censuring Reinhart, Judge Bouchelle told him: "Not only died you give me your oral testimony that you used laths on the house, but you emphasized it by pointing to an exhibit which was brought into the courtroom...You not only have betrayed the interest of your employer X X but you have also taken his money for your wages for work which you did not do. You have been dishonest to the people on whose home you were working. Now that dishonesty has been aggrevated by your coming into a court of justice and testifying falsly to material facts when you were bound to have known you were so testifying." Pointin gout that the witness had stuck to his false story, even when he had an opportunity to correct his testimony, Judge Bouchelle continued: "In order that courts may function properly and that litigants may have a fair trial upon sworn testimony and upon truth given in a court of justice---and you were sworn to tell the truth-- it becomes the duty of the judge in such cases to do what he thinks is right and proper, under the circumstances....I therefore find that you have been guilty of misbehaving in the presence of the court, and you have been guilty by reason of your false testimony of obstructing and interrupting the administration of Justice, and I will impose upon you a fine of 10 days in the Kanawha county jail, that being the maximum which I can give you without a trial by jury."

Charleston Daily Mail, Charleston, WV  Wednesday Evening, July 7, 1943
Defendants Win Suit In Common Pleas Court
A Common pleas court jury Tuesday returned a verdict for the defendants in a $630 suit of the Federal Home Improvement Company against W H and Maud Evilsizer of Etowah. The plaintiff claimed the amount due on a contract to cover a dwelling owned by the defendants  with inselbric(sic). The defendants claimed the job was done improperly. 

Johanns "Jacob" Evilsizer, Jr2(Jakob1)
CABELL CO.WV
Cabell Co Minute Book E-3 (magistrate court)
page 50, 26 Jun 1827. Jacob Evalsizer on jury for Jas Shelton vs Wm.
Jenkins. Judgement for costs
page 68, 24 sep 1827
Solomon Thornburg Justice pd court $1.67 pd him by Jacob Evalsizer for
Sabbath breaking.
page 73, 22 Oct 1827
William Mailes (ordered to apear) & Jacob Evalsizer (his security)
Mailes ordered commited to jail on order to keep peace with Arthur Floyd
& family.
page 97, 25 Mar 1828
Jacob Evalsizer on jury, comm vs Lewis Russell, assault and battery.
page 121, 25 Aug 1828
Indictment, Jacob Evalsizer assault and battery
page 140, 24 Nov 1828
Comm vs Jacob Evalsizer
page 158, 23 Mar 1829
Comm vs Jacob Evalsizer, assault and battery (outcome not shown}
Jacob put up household goods as security for a note in Dec of 1829
Possibly to pay his fine.

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