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