On Christmas Eve in 1870, a group of people, including about 16 prominent citizens of Hamilton, Ohio, gathered in a gambling room on the second floor of “the American Saloon,” an “aristocratic” drinking saloon on High Street directly opposite the Butler County courthouse. Some of the men were playing casino at one table and others, including Thomas “Tom” Myers, were playing a game called faro at another table. Suddenly, a gunshot rang out. With the exception of E.D. Banister and Peter Schwab who were in the fervor of the game of casino and Tom who was seated at the faro table, the men began running from the room. Tom stood up, leaned against the wall, and fired his pistol. The bullet from Tom’s pistol struck the ceiling just above the faro table. Mr. Bannister fled from the room and Mr. Schwab slunk to the floor for his own protection. Tom fired another shot which struck the opposite wall. Once sure that Tom was unable to fire his pistol again, Peter approached him and realized Tom had been shot in the abdomen. Peter tried only briefly to get Tom to tell him who had shot him before he ran to get help. Peter soon returned with Dr. Huber, who had been in the room but had fled when he heard gunshots. Dr. Huber also tried to get Tom to explain who had shot him, but Tom was unable to speak. Dr. Huber located a gunshot wound on Tom’s upper abdomen which had severed a main artery. Within moments, 29-year-old Tom died.
Immediately following the affray, all of the witnesses said that Tom “must have either did it himself or had it done.” Based on the testimony of a young boy, Tom’s brother Joseph swore out a warrant for five men including Deputy Marshal Ich Sheely and Thomas McGehan. Before the coroner’s jury, none of the witnesses could identify who shot Tom, but all said that Thomas McGehan had not been in the room before the shooting began. When the accused men learned of the warrant, they turned themselves in. In January 1871, the five men were indicted on the charge of first-degree murder. Clement Vallandigham was one of the four defense attorneys in the trial which began on June 6, 1871. The trial was long because over 120 witnesses had been called to testify.
At about 9 p.m. on June 15, 1871, Clement Vallandigham and fellow defense attorney Andrew McBurney were in their hotel room discussing the case. Clement was sure that Tom had shot himself and decided to show Andrew how Tom could have done it. Clement pulled a pistol from his pocket, turned it towards himself, and pulled the trigger. To his surprise, the pistol discharged. The bullet struck Clement in almost exactly the same place Tom’s bullet had struck him. The wound was fatal. In trying to defend Thomas McGehan by explaining how Tom Myers had killed himself, Clement Vallandigham accidently killed himself too. Based at least in part on Clement’s unfortunate accident, the jury found Thomas McGehan not guilty.
Sources:
1. The Cincinnati Enquirer, December 27, 1870, p.8.
2. The Cincinnati Enquirer, January 31, 1871, p.8.
3. The Cincinnati Enquirer, February 15, 1871, p.8.
4. The Cincinnati Enquirer, June 6, 1871, p.8.
5. The Evening Post (Cleveland, Ohio), June 17, 1871, p.2.
6. The Cincinnati Enquirer, June 19, 1871, p.1.
7. The Cincinnati Enquirer, December 28, 1871, p.8.
8. “Thomas S. Myers,” Find A Grave, accessed May 25, 2026, https://www.findagrave.com/
9. “Clement Laird Vallandigham,” Find A Grave, accessed May 25, 2026, https://www.findagrave.com/