Newspaper Abstracts

Friday, July 15, 1870

Police Court.
Several callers presented themselves at Justice Peters to-day. John
Dumckers, for intoxication, was fined $2 and costs. One John Mastyn was
arrested for vagrancy and is to have his trial this afternoon.

A Serious Affray
A Man Killed on Main Street
Death in a Saloon
Coroner's Inquest

     A few minutes past four o'clock yesterday afternoon, the citizens in
the neighborhood of Main street, between Second and Third, were startled by
the sharp report of a pistol, and in a few moments thereafter, the report
spread that a man had been killed at Nelson's saloon, and in five minutes a
hundred people were on the spot. The rumor was but too true, and on entering
the saloon the body of a man was found lying on the floor, breathing slowly
and heavily. He died in about ten minutes after receiving the shot. Among
the many conflicting stories afloat, the following seem to be the plain
facts in the sad affair as gathered by our reporters.

The Causes for the Act

     The individual who thus met his death came into the saloon once or
twice in the course of the afternoon and demanded a drink. At this time he
was considerably under the influence of liquor. Nelson each time refused to
sell him any drinks, and ordered him out of the place, as the man had become
abusive in his speech, and was gesticulating and talking in a loud tone of
voice. About four o'clock he came back again, and made a disturbance as
before, whereupon Nelson put him out into the street, and immediately the
man returned and a scuffle ensued. The mother of Nelson, an old lady 79
years of age, came down stairs to see what the trouble was. She had arrived
the day before from Cordova, Ill. and occupied a room over the saloon. Upon
her appearance the combatants were separated, and the stranger, turning
round, wrenched a heavy cane from the hand of a man who was standing by, and
struck Mrs. Nelson, a pretty severe blow over the shoulders. Nelson collared
him again and the other made a further attempt to strike the old lady.
Nelson loosed his hold upon him, and running behind the bar, caught up a
pistol and presented it at the man, whose right arm at that moment was
raised to strike Mrs. Nelson. Her son fired and the man staggered heavily
against the wall exclaiming 'you have shot me through the heart.' and then
slid down to a reclining position on the floor. A physician was immediately
sent for and Dr. L. French appeared, but could not in any way aid the
unfortunate man. The wounded person mumbled a few incoherent words at first,
then his breathing became more labored, and soon his feature settled into
the hard outlines of death. The ball had struck him in the right breast,
exactly on the nipple and passed transversely through the lungs lodging
somewhere on his left side.

Who Was He?

     No one in the city seemed to know the dead man, but on examining his
person, an account book was found with the name of "William Donovan May
6th, 1870" written upon the flyleaf. The following memoranda were found in
various places through the book. "Emporia, Lyon Co, Iowa." "Wm. Donovan,
McDonough Co., Illinois", "Bushrod Evans, St. Augustine, Monmouth Co, Ill.
"Prairie Co, Galesburg." "Cleveland & Dinan, contractors" "Came to board at
McGinty's 10th of May for dinner." "Came to board at McGhee's the 9th of
June for supper; fourteen meals besides, $3.22." Evidently Donovan was a
working man as his clothes were of course material and his hands betokened
labor. Apparently he was about 40 years of age; 5 feet 10 inches in height;
reddish brown moustache and goatee; dark hair and eyes. His face was rather
thin, but not ill looking.

The Other Party to the Tragedy

     William Nelson, the other participant in this sad occurence, has lived
in the City two years, during which time he has kept saloon at the place
above mentioned and is represented to be a very quiet person who attends
strictly to his own business and has not been known to have trouble with any
one while he has lived here. He lived in Philadelphia for twenty years
before coming here and was engaged for many years in the flour and feed
business. His wife and three interesting daughters are keeping boarders in
the house belonging to James Johnson, Esq. corner Front and Warren street.
     Immediately on the commission of the act Nelson gave himself up to
Major Schnitger, who was on the spot in a very few moments after the
occurrence. He expresses deep regret at the sad termination of the affair,
but says that it was more than he could bear to see that man strike his old
mother with a heavy cane. He was removed to jail where he now lies.

An Immense Crowd.

were shortly gathered about the place, and the police, under Marshal
Kauffman, were stationed at the door to prevent those whose morbid
curiousity prompted them to go in and view the remains. The body was finally
removed to a convenient room in the building of Mr. Morse Bois [sic-Boies],
undertaker, where a partial inquest was held last evening. A jury consisting
of J.E. Dixon, A.F. Williams and A. Wiegand were summoned and the inquest
returned this morning under charge of W.F. Peck.

     Agreeable to the instructions of Coroner Thomson, Marshal Kaufman proceeded to file and information yesterday afternoon before Justice Peters, in accordance with the verdict returned by the Coroner's Jury. The preliminary examination was set for 10 o'clock this morning but by mutual consent of the attorneys, the case was adjourned until 9 o'clock Monday morning at which time it will be tried by Justice Peters; probably at the court House, as his court room will not be large enough. Messrs. Martin & Murphy appear for Nelson and J.B. Leake on the part of the State.
     The victim of the tragedy, William Donovan, was buried yesterday afternoon under the direction of Mr. Boies, undertaker. The memoranda found upon his person, and portions of his clothing were retained by Coroner Tomson in the hope that they may serve as guides to the dead man's identity.
     There seems to be a considerable discussion as to whether William Nelson, charged with killing Donovan would be entitled to bail if the magistrate should, on preliminary examination, bind him to answer at the District Court for killing. Without expressing any opinion upon the merits of this case, as to whether murder in first or second degree, or manslaughter, we may state the law in reference to bail, as settled by the statutes of Iowa is as follows:
     Soc. 4962, Rev. of 1808, provides that "all defendants are bailable, both before and after conviction, by sufficient surety, except for capital offenses, where the proof is evident and the presumption great."
     Now, unless the offense committed by Nelson was murder in the first degree, it is not a capital offense; and in order to constitute the killing, murder in the first degree it must have been a willful, deliberate, and premeditated killing. If upon examination, the proof should not be evident and the presumption great that the killing was murder in the first degree,-if the evidence should make it appear the killing would probably only me murder in the second degree, or manslaughter, then the defendant would clearly be entitled to bail.
     The following testimony was elicited at the examination of witnesses during the inquest yesterday:
     Gus Schnitger sworn-...[part missing] ;when I saw him he was lying on the floor; he was alive at that time but did not speak; I was sitting at the corner by the First National Bank; heard the report of a pistol and saw two men run into Nelson's saloon; I then went up to the saloon and found this as previously described; I saw a bullet hole in his right breast; I inquired who did it and Mr. Nelson stepped up and said he did it and asked me to arrest him, which I did by virtue of the authority of my office as Sheriff of Scott county.
     Signed.    Gust. Schnitger.

     J.W. Green sworn- I saw the person whose body lies here, yesterday between four and five o'clock; he was lying on the floor of the saloon of Mr. Nelson, near the door; Dr. Watt, and old lady, Major Schnitger, Mr. Dittoe and a lady with a red shawl were the persons present, the person who laid on the floor said "arrest that man;" he died I think in about ten minutes after he was shot; I had seen the same person in Nelson's saloon about an hour previous; he was then standing by the counter making considerable noise; he was talking with some other gentlemen; I did not pay much attention to his remarks but recollect him saying that there was some "truly fighting men there" the man he was talking with was a stranger; I did not see him drink at the bar, I think that he was under the influence of liquor at that time.
     Signed.   J.W. Green.
     W.T. Dittoe, sworn- At the time of the report of the pistol, I was standing with Schnitger and Green at the corner near the First National Bank. We all went up to the saloon together when the shot was fired. I know nothing more than has been stated.
     Signed.   W.T. Dittoe.
     C.W. Watt, sworn-I was in Mr. Nelson's saloon yesterday afternoon between four and five o'clock; when I first went into the saloon Mr. Porter, of Joliet, Ill., went in with me. Mr. Nelson made an apology to Mr. Porter that he had such a character there that he could not get along with him; he said that it was not usual to have such characters in his place; We passed through the saloon into the back room; when I went into the saloon there were several in there but they soon went out. The man whose body lies here was in the saloon with his coat in his hand and talking quite loud, but was not directing his conversation to any one in particular; he was intoxicated; I passed through the saloon into the back room and seated myself before the door and could see into the saloon; the man threw his coat down; Mr. Nelson picked it up and handed it to him and told him he must go out. He then put him out. The man then came back and swore that he would have a drink; Nelson put him out again; the man then came back like a mad man; he went for Mr. Nelson and struck at him 3 or 4 times. At this time, Mrs. Nelson, the mother of Mr. Nelson came in; the man was still fighting Nelson; the old lady ran up to the man and told him to "desist and not strike her son;" at that moment the man snatched my cane from my hand and made a lick at the old lady. Mr. Nelson grabbed hold of the cane. The man took the cane away from Nelson, and raised it again at the old lady; I said to him, "Oh don't-don't." Nelson had then left the man; he passed me in a hurry, and immediately I heard the shot, and see the man fall; the man was very angry because Nelson had put him out and would not give him any drink; I think at the time the shot was fired that he had his arm raised to strike; after he was shot he said, "You have done it. I am a dead man." I think there was no one else in the saloon at the time except Mr. Nelson and his mother, myself and the deceased. I did not see Nelson do anything but in self defense; I have known Mr. Nelson about two years; have never known of his having any trouble in his saloon previous to this time.
     Signed.    C.L. Watt

Signed L.A. Pearce

July 18, 1870

PRELIMINARY EXAMINATION
Testimony Before Justice Peters
NELSON ACQUITTED

     The preliminary examination of William Nelson, charged with killing William Donovan, was set this morning at 10 o'clock. Justice Peters finding his office too small to accommodate spectators and others, opened the Court House. A large crowd were in attendance and much interest manifested in the proceedings. A little after 10 o'clock Marshal Kauffman brought the prisoner into court. Martin & Murphy appearing for Nelson and Ge. J.B. Leake on the part of the State. Several witnesses whose testimony had heretofore given were sworn. The main facts were stated substantially the same, although some slight difference appears in the minor details.
     Jno. W. Green, testified, substantially as heretofore. That he was standing with Schnitger and Dittoe on corner First National Bank, heard the shot, went to the saloon; Mayor Schnitger first saw the man lying to the right of entrance near the stairs, saw Schnitger talking with Nelson; Nelson said "arrest me I done it; " no weapon in his hand the man was alive and said, "arrest that man."
     W.T. Dittoe, sworn- I asked Mr. Nelson for a towell and some ice water; he handed me a pitcher of water and then gave me a white vest; told him I didn't want that; then he gave me a towell. I wet it and laid it on Donovan's head the man died while I was in the saloon; he lived about 5 or 10 minutes.
    C.I. Watt, Sworn: Was in Nelson's saloon on last Thursday. Did not see William Nelson shoot Donovan neither did I see a pistol in his hand. Heard Nelson say he did it. Heard report of pistol and saw a man fall. Witness described the situation of the parties at the shooting. Man lived about five minutes.
    Cross Examined- The witness was requested to make a statement of the whole affair as far as it has come to his knowledge. This agreed substantially with the wintess' previous testimony. He gave a number of descriptions of the person who were in the saloon, so far as he knew them. Described the manner of putting the man out the first and second time. The man resisted some. Man seemed to have the devil in him rather than drunk. The man put out seemed to be the stronger and if he had exerted his strength would probably have stayed in . Described the manner of the man when he came in, and the language he used. Nelson attempted to defend himself, but was nowheres, and had to dodge the blows. If he had been struck, he would have been knocked down. Can't tell who Donovan first raised the cane at Nelson and his mother were both standing close together; Nelson took the cane from him and immediately Donovan took it away again; at this time Donovan had more the appearance of a maniac than any man I ever saw so much so that I was greatly frightened. Witness then described the shooting as heretofore. The man did not fall suddenly, but staggered against the partition and from thence to a sitting position and there he lay until let down to his full length upon the floor.
    L.A. Pearce sworn- Pearce's testimony was also substantially the same as Dr. Watts, with but little, if any, deviation in the details of the affair. His description of the manner of Donovan coincided with the previous testimony. He said that Donovan appeared to handle Nelson as if he were a boy 10 years old.
     Gust. Schnitger sworn- Sheriff Schnitger's testimony was the same as before reported.
     Philip Racquet sworn- Testimony substantially as before.
     The prosecution here rested.
     By mutual consent the case was then adjourned until 2 o'clock.

AFTERNOON
     Upon the opening of the Court this afternoon, the mother of Mr. Nelson was sworn as a witness for the defense.
     Her testimony was as follows:
     This is my son; my age is between 70 and 80, I was present in the saloon at the time of the shooting was done, heard the report but did not see the shot fired, at the time the shot was fired he was holding a stick over my head, and I said to him, "don't kill me."; saw Mr. Watt in the saloon and think it was his cane that the man was holding over my head. The man was making a noise in the saloon.
     Cross-examined- I was struck on the shoulder, and fell back against the counter, I think it may have been the partition.
     The defense here rested their cause.
     Gen. Leake then rose and addressed the Court, said he was sensible of the solemn duty devolving upon hi as the prosecuting Attorney in this case but he would say that from the evidence given he should have acted the same as Mr. Nelson under similar circumstances. He had nothing further to say in the matter and awaited the decision of the Court.
     Messrs. Martin & Murphy, Nelson's attorneys, submitted the case without argument, whereupon Justice Peters immediately discharged Mr. Nelson from custody in short order. The court room was quite full and the excitement great. The spectacle of Nelson's aged mother, who was carried into court, created a lively sympathy. Her injuries quite serious. Mr. Nelson was overcome upon finding that he stood legally free and clear in the eyes of the community. The dismissal of the case gave general satisfaction for public opinion sided with the person who protected his dearest relative, even to the taking of life, no matter what his occupation or the condition of his aggressor.

Wednesday, July 20, 1870

BURGLARY

One S. Johnson reached town yesterday with $215 in his pocket. He selected as his hotel the Tremont House, on Iowa street between Front street and Second. After supper he went out to interview the city, and meandered into the St. Louis billiard hall. There he met a man whose front name was I. M. Henderson. He enjoyed the company of the latter party until quite a late hour and then went home, accompanied by Henderson, who said he boarded at the Tremont, and furthermore, that he occupied the same room and same bed Johnson did. The twain went home, and retired, Johnson putting his money under his pillow. Some time during the night Henderson crawled over Johnson, got out of bed, and went down stairs, returning in about fifteen minutes, and again laid down. On account of this simple transaction, when Johnson woke up next morning he found his money gone. Mr. Henderson didn’t know anything about it, but the other thought he did, so an information was filed against him and he was taken before Justice Peters this morning to answer to the charge of burglary. The evidence was not strong enough to hold Mr. .Henderson and Justice Peters discharged him. He was a mighty honorable man though, and went with Johnson to his attorney and told him that he had intended to leave town to-day, but as Mr. Johnson had lost his money while sleeping with him, and consequently had suspicions, he would stay until a thorough investigation was had, which was certainly kind of him. Constable Martins had a second information placed in his hands and in company with Johnson secreted himself in the Tremont House barn and awaited developments. Pretty soon out came the Innocent M. Henderson and drew from a hiding place a goodly sized roll of bills and walked virtuously away; whereupon he was once more arrested and placed in jail. He will visit Justice Peters in the morning and explain how it was. If it hadn’t been for his excessive kindness and high minded way of doing business he could have gone on his way rejoicing. It is rare we have such instances of unflinching integrity.

Since writing the above we learn that Henderson has been arraigned before Justice Peters this afternoon. His trial is now in progress.

Thursday, July 21, 1870:

Police Court.
John Quincher, a tinker by profession, was arrested yesterday for lying drunk in a gutter on Rock Island Street. The fact being proved conclusively on him he was fined $1 and costs and sent up.

Sent Up.

Henderson, the amiable party who did Mr. Johnson out of $215, and then assisted him to find it, was asked to give $500 bail at Justice Peters Court yesterday afternoon, but did not have that amount about him, so he was remanded to jail. He was brought up once more this morning on a charge of assault and battery but the plaintiff withdrew the suit and Mr. Henderson retired to his summer retreat.

Friday, July 22, 1870

P. Morgan disturbed the public peace by several loud assertions as to what he would do, and went to jail for it. J. Welker and wife indulged in a matrimonial row, and made Rome howl with their yellings. The case is being ground through this afternoon.

Monday July 25, 1870:

Police Court.

Numerous and sundry callers were before Justice Peters to-day charged with all manner of misdemeanors. Fritz Berger, for abusive language was fined $3 and costs, which he paid. Then came also H. Wendt, a butcher on Harrison street. His neighbors complained on account of unpleasant smells which originated in his shop, much to the disgust of their olfactories in this hot weather. Wendt was fined $5 and costs, and liquidated the same. Mr. Shaffer disturbed the public peace so much that he had to be taken up and brought before Justice Peters, who fined him and prescribed Schnitger’s boarding house as a remedy.

Thief caught.

Saturday morning James McKinney, of Rock Island, stole a horse, and came over to sell it. He was arrested and told where the horse was hitched, in LeClaire woods, near Farnam street, where he was found. McKinney was bound over in $800 bail, and he will be tried at the next term of court in Rock Island.

Wednesday, July 27, 1870:

Police Court.

John Martin got drunk and was fined $1 and costs, which he found himself unable to pay, and was therefore sent to jail.