Iowa Old Press
The Sioux City Journal
Thursday, January 27, 1921
WOMAN SLAYER TELLS STORY
MRS. OXBERGER SAYS SHE SHOT IN SELF DEFENSE.
ATTACKED BY MRS. NICHOLAS.
Defendant in Murder Case, Once Common Law Wife of Nichols, Husband of Victim, Describes the Scene Which Led to Shooting.
A plea of self-defense was made by Mrs. Martha Oxberger, on trial in district court for the murder of Mrs. Ella Nichols, November 21, 1920. Mrs. Oxberger took the witness stand in her own behalf yesterday afternoon.
Mrs. Oxberger recited a tale of abuse which she alleged she suffered from Mrs. Nichols and other women previous to the shooting. Mrs. Oxberger admitted she was the former common law wife of Henry (“Chuck”) Nichols, husband of the shooting victim.
According to Mrs. Oxberger, Nichols came to her home at 920 Grand avenue the night of the shooting, and wanted to take her daughter, Sylvia, to “the show.” Mrs. Oxberger said she told Nichols not to come into the house, for if he did, his wife would follow him and trouble would result. Nichols insisted on taking the little girl to the theater and Mrs. Oxberger said she finally consented.
Shortly afterward Mrs. Nichols, her daughter, Lottie Richardson, and Mrs. William Dingman arrived at the house. In the meantime Dingman had put in an appearance, according to Mrs. Oxberger. Dingman began quarreling with Nichols and the women began calling Mrs. Oxberger names, said the defendant.
“I begged the men to leave the house, because I feared trouble,” said Mrs. Oxberger. “They said they would duck into the bedroom. Mrs. Dingman kicked in the door of the house and threatened to kill me.”
Struck by Mrs. Nichols.
Mrs. Oxberger described how Mrs. Nichols struck her three times with the butt of a revolver, all the time calling her vile names. Mrs. Oxberger said Mrs. Nichols was in the habit of walking front of the Oxberger home, hurling at her all kinds of epithets.
On cross examination Mrs. Oxberger said she was in a chair attempting to rise when she fired the shot. When the women entered the house they said, “We want our men.” Mrs. Oxberger said, “Your men are not here. Bill Dingman and Chuck Nichols are here.” The women said, “They are the men we want,” according to the defendant’s testimony.
Mrs. Sadie Smith, police matron, testified to finding bruises on Mrs. Oxberger’s right arm when she was examined the morning after the shooting, and that her lip was badly cut.
William F. Dickinson, coroner at the time of the shooting, testified to finding two empty bottles on the table of the Oxberger home following the shooting and also four bottles of whisky in a suitcase under the bed. Mrs. Oxberger previously had denied keeping any liquor in her home.
William Dingman, being recalled to the stand in state’s rebuttal testimony, said Mrs. Oxberger gave him a drink of corn whisky in the kitchen and that he had been drinking before he arrived at the Oxberger home.
Denies Giving Liquor.
Mrs. Oxberger, again taking the witness stand before both sides rested, denied giving Dingman a drink or having any empty bottles on the table. She said the four bottles of whisky in a suitcase under the bed belong to another man and never had been touched.
The remainder of the time was consumed with the opening argument of Assistant County Attorney, O. D. Nickel and also that of George Yeaman, Mrs. Oxberger’s attorney. Mr. Nickle will make his closing argument to the jury when the court convenes this morning at 9 o’clock and the jury will retire to deliberate upon a verdict before noon.
Alvin Carlson, who was present when the shooting occurred, said Mrs. Nichols told Mrs. Oxberger:
“I’ve been wanting to fight you a long time and now is my chance."
George Massey, also present when the shooting took place, said the women were intoxicated, but there were no signs of any drinking at the Oxberger place.
Sylvia, the 10-year-old daughter, also said the Richardson woman knocked Mrs. Oxberger down several times before Mrs. Oxberger shot.
The jury in the case was selected in forty-three minutes, a surprisingly quick record for criminal cases similar to the Oxberger trial. Four women are included on the jury, Mrs. Grace R. Hansen, Mrs. Gertrude Hawthorne, Mrs. Myra L. Kennedy, and Miss Mabel Swanson.
[transcribed by LZ, Jan 2020]
Sioux City Journal
Sioux City, Woodbury co. Iowa
January 28, 1921
WOMAN NOT GUILTY OF MURDER CHARGE — MRS. OXBERGER
EXONERAATED BY “MIXED” JURY — IS RELEASED FROM
CUSTODY
Slayer of Mrs. Nichols Held Blameless — Is Former
Common Law Wife of Nichols, Husband of Woman Who Was Killed.
A jury in district court composed of four women and eight men
last night returned a verdict completely exonerating Mrs. Martha
Oxberger of the slaying of Mrs. Ella Nichols, November 21, 1920,
following a quarrel at the Oxberger home, 920 Grand avenue. The
jury’s decision acquitted Mrs. Oxberger of a charge of
murder. The verdict was returned at 8 o’clock, following
nine hours of deliberation.
Evidence produced by the defense tended to show that Mrs.
Oxberger was the subject of an attack by Mrs. Nichols, and that
Mrs. Mrs. Nichols struck her with a revolver in a hand-to-hand
combat. Mrs. Oxberger is the former common law wife of Henry (“Chuck”)
Nichols, husband of the slain woman.
The trial of the case was begun Tuesday afternoon. The testimony
was concluded yesterday afternoon. When the court convened
yesterday morning the closing argument for the State was made by
O. D. Nickle, assistant county attorney. Judge Jepson read his
instructions and the jury retired. Court house attaches say a
record for speed was made in a trial of this kind.
Mrs. Nichols died almost immediately from the effect of the shot.
Mrs. Oxberger put up a self defense plea at the trial, asserting
she was attacked by Mrs. Nichols. Since the shooting Mrs.
Oxberger has been confined in the county jail without bond. She
was released last night and returned immediately to her home.
Mrs. Oxberger celebrated her first night’s freedom with her
family, relatives and friends.
[Typed as it was written, no corrections made of spelling - transcribed by L.Z., October 2015]
The Sioux City Journal
Saturday, January 29, 1921
MRS. OXBERGER SOBS WHEN FREED BY JURY
Mrs. Martha Oxberger broke down and sobbed when the verdict of the jury, exonerating her of the murder of Mrs. Ella Nichols, November 21, 1920, was read Thursday night at 8 o’clock by Judge Jepson.
After Mrs. Oxberger was able to control herself she thanked the jury “from the bottomed of her heart” for the verdict of acquittal and said she would conduct herself so that the jurors would believe they had not misplaced confidence in her. George Yeaman, her attorney, also thanked the jury and shook hands with them.
After the verdict had been announced, Judge George Jepson signed an order for Mrs. Oxberger’s release from the county jail, where she has been confined since the shooting. She was held to the grand jury without bail. Mrs. Oxberger returned to her home at 920 Grand street last night, after thanking the deputy sheriffs for the “kindnesses” they had shown her.
The jury in the case was composed of four women and eight men. They reported their verdict after nine hours of deliberation.
2 WITNESSES HELD FOR DEATH THREAT
Mrs. Oxberger Names Mr. and Mrs. Dingman:
AQUITTED WOMAN MENACED?
Daughter of Shooting Victim and Her Husband, Who Testified for State, Accused of Threatening to Kill Defendant.
Mr. and Mrs. William Dingman, 506 Steuben street, principal witnesses for the state in the prosecution of Mrs. Martha Oxberger, who was tried and acquitted of a charge of murder in connection with the fatal shooting of Mrs. Ella Nichols, November 21, 1920, were arrested yesterday afternoon at their home and charged with having made threats to kill Mrs. Oxberger. Mrs. Oxberger signed the information. Mr. and Mrs. Dingman were released under appearance bonds of $500 each.
According to a statement made by Mrs. Oxberger Thursday night, shortly after the district court jury returned a verdict of acquittal in Mrs. Oxberger’s case, Mr. and Mrs. Dingman made threats to kill Mrs. Oxberger while the latter was on her way home, having been freed from jail immediately after the jury mad its report.
Mrs. Dingman is a daughter of Mrs. Nichols, victim of the shooting. Mrs. Dingman and Mrs. Nichols went to the Oxberger home in search of their husbands. Both Dingman and Nichols were found in the Oxberger house and a quarrel between the three women ensued, resulting in the killing of Mrs. Nichols.
In testifying in her own defense, Mrs. Oxberger admitted shooting Mrs. Nichols, declaring the latter had attacked her and that self defense was the motive for firing.
[transcribed by LZ, Jan & Jun 2020]
Sioux City Journal, Monday, January 31, 1921 – Page 5
TRIAL WITNESS THREATENED
Carlson says Ike Darr Vows To “Get Him.”
DARR ARREST ON WARRANT.
Son of Murdered Woman Is Charged with Having Threatened to Injure Young Man Whose Testimony Helped Free Mrs. Oxberger.
Ike Darr, 506 Steuben street, 17-year-old son of Mrs. Ella Nicholls, who was shot and killed by Mrs. Martha Oxberger, November 21, 1920, was arrested Saturday afternoon on a warrant sworn out by Alvin Carlson, 17 years old, who was one of the principal witnesses for the defense of Mrs. Oxberger, who was tried and acquitted of the murder charge last Thursday. The warrant upon which young Darr was arrested charged him with “threats to do great bodily injury.” Darr was released Saturday on $500 signed appearance bonds.
Darr threatened to “get” Carlson immediately following the trial and acquittal of Mrs. Oxberger, according to Carlson. During the trial of Mrs. Oxberger, Carlson testified that he was in the Oxberger home when Mrs. Nicholls was killed and that “Bill” Dingman, Mrs. Nicholls’ son-in-law, handed him a revolver following the shooting and told Carlson to “get rid of it.” Dingman buried the gun near the Oxberger house and Carlson recovered it the following day, he testified.
Dingman and his wife, who also live at 506 Steuben street, were arrested Friday afternoon on a warrant sworn out by Mrs. Oxberger, charging them with threatening to kill Mrs. Oxberger. According to Mrs. Oxberger, the Dingmans made threats to kill her while she was on her way home, following the jury’s verdict of not guilty in her behalf. Mrs. Dingman is a daughter of Mrs. Nicholls.
[transcribed by LZ, Jun 2020]