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