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From: "Cathy Joynt Labath" <>
Subject: [IASCOTT] !! Davenport Democrat; Scott Co, IA; July 1870 "Crime Files"
Date: Sun, 6 Oct 2002 09:27:14 -0500


Davenport Democrat
Davenport, Scott, Iowa

July 16, 1870
THE NELSON TRIAL
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
Dr. W.F. Peck sworn-I am a physician and surgeon. I have examined the
body of the deceased. There was an orifice just above and to the left of the
right nipple. Dr. Maxwell and myself made a post mortem examination. We
traced the orifice through the upper portion of the second and the lower
portion of the first lobe of the right lung. It also pierced the large blood
vessel which carries the blood from the heart to the lower extremities. The
ball passed into the bone of the spinal column. We found this ball (showing
small leaden ball about 1/4 inch in diameter to the jury) in the spinal
canal in the body of the eleventh vertebrum. He died from hemorrhage and the
shock produced by the laceration of the above named tissues. The injuries
were such that he could not live but a few minutes. The right side of the
chest was full of blood in quantity of about three quarts.
Signed. W.F. Peck
Dr. A.S. Maxwell, sworn- I am physician and surgeon. I assisted in the
post mortem of the deceased: I have heard the testimony of Dr. Peck. The
injuries were such that his arm must have been raised at the time of
receiving the shot. I agree with Dr. Peck in his statement of the post
mortem appearance and that the injuries were the cause of his death.
Signed. A.S. Maxwell. C.L. Watt (at his own request) recalled.- I wish
to make a statement as to who was in the room at the time the shooting took
place. A man came running in after the deceased came in the last time; I do
not know the man's name; he is a hack driver.
Signed. C.L. Watt
Phillip Racquet sworn- As I was coming up Main street yesterday, about
5 P.M., I saw a man being pushed out of Nelson's saloon; the man got up and
went in; after I had passed about twenty feet, I heard some one hallooing in
the saloon-(sounded like a woman's voice), I then went back and looked in at
the door; I heard the shot and then the man fell down; I then went in and
saw the man lying on the floor.
Signed. Philip Racquet.
L.A. Pearce sworn- I was in Mr. Nelson's saloon yesterday afternoon
about 5 o'clock. The first I saw of any trouble, I was coming though the
alley opposite the saloon; I heard a noise in Nelson's saloon; I saw Nelson
put a man out of his saloon and into the street; the man said, "You s-- of a
b----, I will get the better of you yet." this was said to Nelson; the man
went into the saloon again; I tied my horses; after I had and while I was
going to the saloon, Nelson put the man out again; I then followed the man
in; after the man got in he said, "you s-- of a b----, are you going to give
me a drink? Nelson told him, "You have a plenty; I want you to go out," and
then went towards him; the man struck at Nelson three or four times; while
they were scuffling Nelson's mother came into the saloon and cried out for
them to stop. The man then snatched a cane from Mr. Watt, who was standing
by and struck the old lady. After he struck at Nelson's mother Nelson caught
hold of the cane and got it away from him. The man soon went for Nelson
again and took the cane away from and struck at him again; then Nelson ran
behind the bar and drew out a drawer and took out a pistol and shot the man
as he was in the act of striking his mother. The man fell as he shot, and
died within five minutes; the deceased seemed to be very desperate; after
the man fell I asked him what his name was and he said "William Donovan;" I
asked he where he was from and he made no reply; Mr. Nelson came to me after
the man was shot and said, " I have shot him; am sorry; go and enter a
complaint and have me arrested, and bring some doctors. If they can do
anything for the man, let them do it."
Signed L.A. Pearce


Coming up next...the verdict...

Cathy Joynt Labath
Scott Co, IA USGenWeb Project
http://www.celticcousins.net/scott/index.htm



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