THE EVILSIZERS IN LAW


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. 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 loving wife, Barbara (Schubring) Evilsizer, and from my sister, Sandra (Evilsizer) Koscak.
Ivan Charles Evilsizer Helena, Montana,
January, 1994.

ALABAMA


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)
Justin Dean Evilsizer is the son of Harry Hiram Evilsizer and Helen Wilson. Harry is the s/o John Calvin Jr., s/o John Calvin, Sr., s/o Elliott Rains, s/o Joshua, s/o "Ol Jakob"

CALIFORNIA

Kenneth A. Evilsizor operated a motorcycle sales business called "Cycle Center" in Santa Clara County, California (south San Francisco Bay area) during 1962 and 1963. The California Department of Motor Vehicles suspended his license for submitting motorcycle sales records late. The Court of Appeal upheld the suspension. Evilsizor v. Dept. of Motor Vehicles, 59 Cal.Rptr. 375, 251 Cal.App.2d 216 (Ca. 1967)

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)

ILLINOIS

In 1937 the Illinois Supreme Court interpreted the will of Christopher Shaffer, who died November 25, 1900 leaving 40 acres of land in Tazewell County, Illinois (near Peoria) to Sarah Jane Shaffer. Mrs. Martha Evelsizer is described in the court opinion as one of four grandchildren of the deceased. The Complainant in the case, Susan Levina Dell, was Martha Evelsizer's granddaughter. Dell v. Herman, 6 N.E.2d 159 (Ill. 1937)


In 1975 the Appellate Court of Illinois upheld the juvenile conviction of Thomas L. Evelsizer for the rape of Joyce Yates, based upon events that occurred on October 8, 1973 at the General Drive In Store in Tazewell County, Illinois. A defense of physical impossibility was unsuccessful. In the Interest of Thomas L. Evelsizer, a minor, 327 N.E.2d 485 (Ill. 1975)


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)

IOWA


Garry Lee Evilsizer (and six other inmates of the Fort Madison, Iowa prison) were convicted of contempt of court by the Lee County (in the extreme southeast corner of the state), Iowa District Court on June 30, 1982, for failure to testify before the Lee County Grand Jury. Evilsizer and the others claimed fear of reprisals if they testified. The Iowa Court of Appeals upheld the convictions (and six month sentences). Criswell, Misner, Goff, Evilsizer, Wainwright, Frazer and McGhee v. Hendrickson, 344 N.W.2d 255 (Iowa 1983)
11/29/1982 Convicted of 2nd degree murder. 1989 Transfered to Oklahoma State

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)


KANSAS


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.

MINNESOTA

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

MISSOURI


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

MONTANA


My own name appears three times, as the attorney representing clients before the Montana Supreme Court. One was a criminal drug case involving an alleged unconstitutional search. State v. Jensen, 704 P.2d 45 (Mt. 1985) Another was a child custody and marital property case. In Re Marriage of Cole, 729 P.2d 1276 (Mt. 1986). The third was an appeal of a telecommunications regulation case from the Montana Public Service Commission. MCI Telecommunications v. Montana Department of Public Service Regulation, 858 P.2d 364 (Mt. 1993)

NEW MEXICO


Dr. Thomas S. Evilsizer, Jr. conducted medical examinations in two New Mexico cases. One was a workman's compensation case in which Charles E. Luvaul sought compensation for injuries allegedly sustained while he was employed as an automobile mechanic for A. Ray Barker Motor Company in Bernalillo County (Albuquerque), New Mexico. Luvaul v. A. Ray Barker Motor Co., 384 P.2d 885 (N.M. 1963) In the other case, Dr. Evilsizer testified regarding the mental competency of Edison W. Cliett, who was charged with an armed robbery which occurred in December of 1960 in Albuquerque. Dr. Evilsizer examined Mr. Cliett in 1961 and 1962. State v. Cliett, 449 P.2d 89 (N.M. 1968)

OHIO


A 1946 decision of the Court of Appeals of Ohio in Clark County (Springfield) involved the conviction of Mr. Niles Young, Sheriff of Clark County, for taking bribes to abstain from law enforcement against a gambling operation in the Red Brick Tavern. Norman Evilsizer is only mentioned as introducing William DeWitt, the Sheriff's campaign manager, to Leonard Donahue, one of the tavern's owners. State v. Young, 70 N.E.2d 458 (Oh. 1946)

Norman is the son of Corel Evilsizer and Myrtle A Medick. Corel is the s/o Marley, son of William Irvin, Jr., s/o William Irvin, Sr, s/o Henry, s/o "Ol Jakob"


Emmett T. Evilsizor sued B.G. Speckbaugh to recover a loan and foreclose a real estate mortgage. The Miami County Court of Appeals held that Mr. Evilsizor had a legal right to foreclose. Evilsizor v. Speckbaugh, 88 N.E.2d 296 (Oh. 1949)

(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

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

OKLAHOMA


In 1981, Buck Evilsizer was a supervisor at Tulsa Dynaspan, Incorporated. Paul Hicks, an employee, was cutting a steel strand out of concrete on October 6, 1981 when steel fragments flew into his eye. Buck Evilsizer fired him on October 15, 1981. Hicks sued, claiming that he was fired in retaliation for filing a workers compensation claim. The court decision was issued by the Oklahoma Court of Appeals, after being appealed from the Tulsa County District Court. Hicks v. Tulsa Dynaspan, Inc., 695 P.2d 17 (Ok. 1985)

TEXAS


In April of 1970, Richard Evilsizer was driving a dump truck on a public street when the car in which John A. Mercado was riding backed out of a private driveway and collided with the truck. Mercado obtained a judgment of $4000 against Evilsizer for his injuries in November of 1973. The Texas 200th Judicial District Court in Travis County (Austin) heard the case, and the judgment against Evilsizer's insurance company, First National Indemnity Co., was upheld on appeal. First National Indemnity Co. v. Mercado, 511 S.W.2d 354 (Tx. 1974)


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.

WEST VIRGINIA

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.