Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1863-10-02
The Case of David Pr0sser.
Some men seem to be knsyes and others


cal knaves who depend upon Wholesale and
retail lying for living. We never like tc
charge people with 'lying,' nor call individ
uals ''lars," in our columns, but when man
becomes so VIGOROUSLY such that in a week
publication of daily paper truth is strang
er to its columns, we feel justified in remind
read the four columns of wi!lful misrepresent,
atoms in Tuesdays Courier in relation to the
trial of David Pr; sser for the murder of SilaS
Ferry, expressed surprise that even its editor
could lie so wantonly. We do not care a
snap of our finger about case that has been
disposed of in unconstitutional manner and
in accordance with the forms Of law, but we
do care about the good name and character
of some of our best citizens, and it i'll becomes
man who has lost public confidence and a
decent respect and won the contempt Of de-
cent people even in his own party, to volun-
tarily step forward and assail them.
The article referred to starts out with a
sensation heading, that "Mr. Ferry was mur-
dersd because he was Democrat" state
ment which Mr. Thayer's own friends admit
is lie. The charge that an abolition jury
was PACKED by an abolition Sheriff is untrue
for, after the regularly impannelled jury
was rejected in part, the crowd began to leave
the Court room. The Judge, apprehending
trouble in the selection of satisfactory jury,
peremptorily ordered the Sheriff to close the
door. The Sheriff did just what any other
man would have done: selected for talesmen
persons there present, and if there happened
to be majority of abolitionists it was no
fault of the Sheriff. He called to the jury
box "good and lawful men," such as Benz
Neidig, Taos Morford, Samuel Bamford, and
others, who fully understand the nature of
Jurors oath, ard whose word is of more val
ue than the bond of some men we could name.
When Mr. Thaysr alleges that " as soon as
Mr. Ferry arrived in town he was set upon
by Prosser, who for hours followed his in
tended victim, for sufficient provocation,"
he utters notorious falsehood. Messrs Ferry
and Prosser had been, for long time, warm
personal friends, the former visiting the lat
ter when in the city and partaking of his hos
pit,lity. Prosser visited Ferry in the coun-
try. When they met on the 30th of April,
they met as friends,-we think Ferry was at
Prosser's house-at all events, they were to-
gether-they drank freely together. No
member of Mr.. FeIry's family will say that
Prosser followed Mr.. F. for hours to murder
him. As the day drew to close, Mr. Ferry
prepared to return home. Prosser was with
him at the wagon, laughing and joking
They were both much under the influence Of
liquor. A dispute arose-hard words were
exchanged, and Mr. Ferry struck Prosser.-
The latter stepped back, when Ferry kicked
at him and Prosser throwing his arms over
his abdomen and bending down, one witness
thought he was kicked. He arose, stepped
back, and discharged his revolver, one shot
taking effect. Prosser made no effort to es-
cape, and was arrested. Mr.. Ferry was car
ried to hotel. Such. in brief, is the testi-
mony of the witnesses. 1t was an unfortu-
nate and lamentable affair, attributable solely
to the effects Of whisky, as every man knows.
That Prosscr "acted as the agent Of others
and was instructed how to proceed" is wor-
thy of the wicked mind "f Mr.. Thayer. The
ball that entered the person Of Mr.. Ferry was
not found in the socket of the hip joint, as
'Thayer AYERS.
Mr.. Prosser was brought before the mayor,
and to the surprise of every was bound over
in the sum of 81, 900 to answer the charge OF
murder. On that bond are the names of two
of Muscatine's most respectable democrats,
so that it was not exclusively an abolition
bond" The Courier weuld convey the idea
that the County Judge, Sheriff and Clerk had
drawn the regular jurors with especial refer
encs to this trial. But unfortunately for
such an idea, the jury was drawn four days
before the shooting, and from such lists as
were presented by the township Trustees.
That any Republican ever expressed dis
gust at the Sheriff's selection of the jury ID
much easier to assert than prove, As for the
allegation that "during the four days trial the
iury were allowed to separate at each ad'
iournment Of the court and 60 to their meals
and lodgings" don't Mr.. Thayer know that
such things are common in our courts
Great lawyer he, and not know the practice
of his own bar! But if it were not so, Who il
to blame? Mr. Ferry's friends employed
Democratic lawyer to assist the Prosccut'n:
Attorney, and it was his privilege and bust
ness to object to any unfair proceeding. b'
had it in his power to have prevented tn
separation of the jury. tta
But when Mr.. Thayer says that they scpar
ted, when, during the trial, the Court ad
journed from Saturday afternoon to Monday
morning, he is again convicted of falsehood
The Court record shows that the trial com
menced on Tuesday, June 9th, and CLOSED
Friday, the 18th, and sentence passed Satur
day morning, the 18th. A fool might insis
that "the Sheriff and Deputy Clerk wer,
each interested to the extent Of $3, 900 in tn,
! acquittal of the murderer" and create n
surprise, but for constitutional lawyer to d
80, shows the demagogue. 1t so happene
that 4 Democratic mayor accepted bon
for &3, 900. CONDITIONED that the said Prose-
SHALL APPEAR at the District Court, at tn
next term thereof, aad answer said charg
and abide the order and Judgment of tn
Court, &c ~ and not as Mr.. Thayer al'ege
"for the aacquittal Of the murderer" s