Eri McCallister (1845-1890)

MCCALLISTER, SCOTT

Posted By: Dorian Myhre (email)
Date: 1/21/2016 at 23:22:57

From Nevada Representative April 16, 1890

Justifiable Homicide.

Last Monday on account of violent conduct toward his mother and ten year old nephew, a warrant was issued for the arrest of Eri McCallister who lived three of four files northeast of Cambridge. Constable James McKee in endeavoring to take Mr. McCallister into custody was persistently and with threatening use of a revolver resisted. The resistance began at Cambridge where the insanely angry man cleared out the Mayors office, dispersing the court at the point of the revolver, and in spite of persuation and remonstrance of officer and citizens got into his wagon and drove for his home. He was followed by McKee and four or five others, helpers, who however were unable to effect the arrest. After reaching his own home Mr. McCallister repeated his threats to shoot any one coming on to the grounds, and evidently to make good his threat pointed his revolver at McKee. McKee immediately raised the shot gun with which he was armed and fired, and with fatal effect.

It seems from all we can gather from the coroner and others who have been on the scene of this unfortunate affair, that the officer was not unduly hasty, but, in fact, delayed shooting longer than was safe for himself or his assistants. Dr. Chamberlain empanelled Thomas Hemstock, Eugene Coggshall and J. S. Kies as jurymen in the case. Their verdict, after hearing all the evidence in the case is, in substance, justifiable homicide. Mr. McCallister is reported by those acquainted with him as having some good qualities, but as being quarrelsome in family concerns and the possessor of an ungovernable temper.

From Nevada Representative April 23, 1890

The McCallister Inquest.

We have been requested for the benefit of interested person who were not present at the inquest, to publish this testimony in full. To do this would necessitate the issuing of a supplement and the devotion of more time and labor to the matter than we can well spare. In lieu thereof we give below the coroner's statement, based on the sworn testimony of eye witnesses, which we trust will serve the desired purpose.

CORONER'S STATEMENT
On Monday morning, April 14, 1890, Eri McCallister quarreled with his mother, with whom he lived, and in a fit of anger pounced upon his little nephew, 11 years old who lived with Eri's mother, and kicked and bruised him shamefully. The little boy's father, G. S. McCallister upon hearing the facts went before Hon. M. C. Seal, mayor of Cambridge, and swore out a warrant for the arrest of Eri for assault & e. This warrant was placed in the hands of Constable J. A. McKee, who soon met Eri and read him the warrant. They proceeded together to the mayor's office when some eight or ten citizens of the town were sitting. While preparing for the trial, Geo. S. McCallister opened the door to enter, when Eri draws a 44 calibre revolver from his pocket and shoved it cocked into his brother's face, saying with an oath, "get out or I'll shoot you." Geo. retired. The constable, mayor, and other endeavored to make Eri put up the revolver, but are told by him to keep their distance or suffer the consequences. As McKee had no revolver with him he crossed the street to get one; when Eri ordered all present to leave and they did his bidding. He then ordered the mayor to leave, but as the mayor said Eri stood between him and the door, and he was no chance, so he tried to dissuade him from doing anything rash and to have him put up the revolver. But Eri is deaf to all such remarks, and so walks out the door, where he meets the constable returning who has armed himself for the emergency. He called to McKee to walk and keep away or suffer the penalty. Eri holding the cocked revolver in his hand and flourishing it around all of the time, McKee tried to persuade him not to set so as he only making matters worse, and to put up the revolver is all the friend he has, that he has paid all the fines he ever will, and with some menacing remarks about his mother and nephew starts for his team keeping his revolver in hand. After unhitching the team and about to start for home, to which Eri swears to the contrary and endeavors to shoot McKee who keeps one of the horses between himself and Eri. After some time McKee decides that Eri has the advantage of position and so steps aside and Eri drives off toward home. The fact that he has by force of arms escaped the law, that he had indirectly threatened his mother and little nephew, that he has endangered the lives of several citizens, spurs Constable McKee to order a posse to assist him in capturing and returning said Eri. So with five able bodied assistants McKee starts in pursuit, four in a wagon and two on horseback. When tow miles from town they overtake Eri who sits facing backward with revolver drawn. They ask Eri to wait moment and talk with them. He only tells them to keep their distance. Thus they ride for perhaps a mile under cover of Eri's revolver, when Eri offers to halt if they will not come any nearer. This is agreed to and they all try to show Eri his mistake and to persuade him to go back and not make himself and them any more trouble but Eri is not prevailed upon and so starts on toward home. The posse and constable conclude that if necessary to resort to force a shotgun had better be used and Eri's right hand be the target that they may then disarm him and not hurt him fatally. So McKee changes his revolver with one of the party for shotgun.

About this time the party meet E. F. Scott a brother-in-law of Eri's whom McKee tries in vain to get to go with them and help prevail upon Eri to return with them. But Scott tells them Eri is a very dangerous man and somebody will get hurt if they go any further and tries to get the constable to turn back. One of the posse is ordered to take Scott's team while Scott goes with them, but Scott refuses to go. So the company start in pursuit. Then McKee and an assistant on horseback undertake to overtake and pass Eri before he shall get home and do any mischief; but Eri whips up his team and runs them home and gets to his gate just as McKee and assistant reach there. McKee dismounts while Eri drives some 50 feet into the yard. Eri then walks to the rear end of the wagon ans says, "the first man who comes onto these premises I'll shoot." McKee is already 20 feet within the gate with his shot gun. Eri draws his revolver on McKee. McKee asks him to hold on as he wants to talk with him. Eri responds, "I told you I would shoot you if you came onto these premises" and with an oath drew bead on McKee, taking deliberate aim at McKee. McKee draws his gun hastily up and fires. Eri falls and dies in five minutes. The jury consisting of Thomas Hemstock, Joseph Kies, Eugene Coggshall, all neighbors of Eri and friendly to him heretofore; and men more capable, honest and careful never sat on a jury. After hearing all the testimony and carefully considering the facts in the case they say the shooting was unfelonious. The statutes of Iowa fully endorse the finding of the jury in this case. After hearing the testimony and reading what the Iowa Code has to say in such cases no fair minded, impartial man can say otherwise than what this jury said; and the people of Story county can congratulate themselves, that sad and deplorable as the case is, the innocent were protected and something more deplorable was prevented.

D. CHAMBERLIN, Coroner.

From Nevada Representative April 23, 1890

Cambridge.

....The excitement caused by the shooting of Eri McCallister has largely subsided. Of course there is yet some foolish talking indulged in by persons either ill-disposed or ignorant of the facts in the case but the general public are satisfied with the verdict of the coroner's jury. All regret that such a sad thing should occur and all law abiding citizens feel that our officers did what was right under the circumstances....