Iowa
Old Press
Des Moines Register
Des Moines, Polk county, Iowa
July 9, 1902
HESSER WILL BE GIVEN HEARING - Awful Charge of Having
Murdered Little Roy Hammond
Sherman Hammond, father of 5-year-old Roy Hammond
drowned at the river forks last Thursday, has sworn out an
information charging Charles Hesser with murdering the child. He
charges Hesser threw the child into the river. Hesser was
arraigned in police court yesterday afternoon, and his
preliminary examination was fixed for Thursday afternoon at 2 o’clock.
He was committed without bonds.
The state’s witnesses are Wilbur Bovian, who says he heard
Hesser threaten to throw the boy and others into the river
because they disturbed his fishing; Eddie Hoffman, whose
attention was called by Hesser to the river’s high
condition, and Mrs. Hammond, who saw Hesser with the children.
Chief Maitland, who proceeded in the case after Chief Brackett
and Acting Coroner Aylesworth had said they didn’t believe
there was anything to the prosecution, said yesterday: “This
is a peculiar case. There is little evidence against Hesser; but
it was of a kind that made me believe it would be better for
Hesser and the department to have a hearing, the result of which
may be Hesser’s discharge. I did not feel like taking the
responsibility of discharging the boy after the parents of the
Hammond child had insisted that they wanted to file the
information. However, no one saw Hesser throw the boy into the
river.”
Hesser is about 19 years of age. Ed Shortell, city jailor, says
he cried most of Monday night. He had not seen his mother, with
whom he lived near Sixth and Allen streets, since his arrest.
Shortell, who has had the beat past the Hesser home for nine
months, declares Hesser was one of the lads who think it smart to
try to appear tough, when really they are not and have not the
courage to do anything wicked.
[transcribed by L.Z., March 2017]
The Des Moines Register
Des Moines, Polk county, Iowa
July 11, 1902
HESSER PROMPTLY DISCHARGED - Judge Silvara Declared There
Was No Incriminating Evidence
TESTIMONY TOO VAGUE - No Proof Either That the Boy Was Thrown
Into River Or of Threats
Charles Hesser, charged with throwing Roy Hammond into
the Des Moines a week ago, was discharged in police court
yesterday, after a preliminary hearing last most of the
afternoon. He was released and returned to his mother’s home
on East Fifth street.
Police Judge Silvara said, in discussing the case, after it had
been submitted on argument by A. P. Chamberlain for the boy and
without argument by the state, which was represented by Assistant
City Solicitor Alberson, that there was no evidence to show that
the boy had threatened the Hammond child, even let alone evidence
tending to show that he had thrown the child into the river.
Mrs. Sherman Hammond, the mother of the child that drowned, was
the first witness. On motion of the defense all of the witnesses
and spectators were excluded from the room, but the father
coached the state’s attorney. Mrs. Hammond said, in
substance, that she saw her child last at 11:30 a.m. July 4, and
he was leaving the home porch then for the river bank, just a
little distance away. Her other children went with him. They went
fishing. Mrs. Hammond said: “I never saw this Hesser boy
before, but saw him on the river bank fishing. I told him if he
could not leave my children alone to leave. He said: “Don’t
get smart.” I was at the river a second time about an hour
and a half later. I asked Hesser if he had said he would throw my
child into the river. He said again: “You are getting too
smart.” He was about four feet from my boy the first time I
was there, but the second time I did not see my child.”
Hesser’s Alleged Threat.
William Bovian said he saw Hesser the day the Hammond child
disappeared, fishing back of the Hammond house.
“Did you see Mrs. Hammond?”
“Yes.”
“What did you hear her say?”
“I heard her tell Hesser if he could not let the children
alone to leave.”
“What did he reply?”
“He said, ‘I will get even with you.’"
“I left when I heard Hesser say this. The children had had
trouble about the line getting caught. Hesser told me he would
throw me in the river if I did not get away from the log on which
I was sitting.”
“Hesser left after he talked with Mrs. Hammond. He did up
his fish line and went away.”
Hesser Was Scared.
William Shaman of First and Racoon testified that he knew Hesser
and saw him the day the Hammond child disappeared. “He told
me,” said the witness, “that he had seen some one in
the water, but he said he was so scared he could not tell any one
about it. I saw him about 4:30 in the afternoon.”
“What relation are you to Hammond?” the witness was
asked on cross examination.
“A brother-in-law,” he said.
“Had anything to do with bringing this prosecution?”
“I have no hard feeling toward Hesser.”
Mamie O’Donnell, aged 14 years, was sworn. She had never
talked to Hesser and had never heard him say anything about the
Hammond child.
Mamie Allers of Second and Raccoon testified that she had heard
Hesser tell the Bovian boy to get off the log as he did not want
to go in after another boy. “Eddie Hoffman asked me
afterwards if I had seen a boy or man going down the river,”
she said. “I saw Hesser and the Hammond boy together on the
river bank at about 10:30, and when I went back the Hammond child
was no longer there. Eddie Hoffman said he had seen a boy or man
floating down the river.”
Willie Hammond’s Testimony.
Willie Hammond was sworn. He was a brother of the child who
drowned. “Hesser said he would cut my line if I put it in
where his was,” said the boy. “He told the Bovian boy
to get off the log or he would throw him in the river. I did not
see my brother with him.”
Eddie Hoffman swore that he was 11 years old and lived at 18 Dean
street.
“Did you see Hesser and Roy Hammond?” he was asked.
“Yes, I saw them at the river. I did not see Mrs. Hammond
there. I left the river with Roy Hammond. He went toward his home
and I went to mine. I did not see him again. I did not hear
Hesser say anything about throwing anybody in the river.”
“Did you see anybody in the water?”
“I saw a foot come up; that was about 10:30 o’clock
last Thursday.”
“Did Hesser say anything about it?”
“Yes, he asked me if I saw anything in the water. He said he
saw a hand. He asked me if I was scared and said he was.”
On cross examination he reiterated that he and Roy Hammond went
home together and at the same time, Hesser remained on the river
bank. “Afterwards he asked me if I saw something in the
water, and said he had. Then I went home and told my mother.”
Judge Silvara said this evidence proved absolutely nothing. If
Hesser had thrown the boy in the river, he would not have been
frightened by seeing him in the water and would not have spoken
about it: that the state had proved neither of the two essential
things, that the boy had been thrown into the river and that
Hesser had made threats to do it. Hence, it would be ridiculous
to bind him over to the grand jury. Discharge and dismissal was
ordered.
[transcribed by L.Z., March 2017]