Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-02-20


cass-the jury retiring about noon.
State Of Iowa vs. Charles Gattland-
Prisoner charged in the ind c,men. with
robbery, assault with intent TO commit rob
berry, and assau!t-plea Of Not Guilty
Messrs. Dittoc and Foster for the defense.
Ju,y-John E.dridge, J. G. Jones, J. P.
Mars, Ilcary Stone, John l.. Cast. Francis
Meyer. John Armstrong. Levi Carman, G.
N. Pinnso, j. NJ. Graham, Benz cteswcll.
Aaron Lancaster.
Mr.. Lyman Ellis stated that on the even-
ing Of Saturday, July %. 1866, r9bbery
and assault Was con mitted on the person
Of Jonathan Morton, and pocket book
containing $li in currency and draft was
taken fran his person after being knocked
insensblc.
TESTIMONY OF WI. POOL, CITY MARSHAL.
Has known the prisoner foar or Eve years
First saw Jonathan Morton last July, on the
night Of the alleged robbery and assault.
met him in saloon where he hal been call
ed in bis official capacity on the corner of
Third and Harrison streets. While there
Norton and the defendant came in together,
and with a third party-a German. witness
thinks, drank some beer, and the three lef,
together. going in the direction Of Second
street. This occurred on the evening Of
Saturday, July %, at eleven o'clock. Saw
Norton again about . o'clock the next morn
ing some three hours after. lie CON-
| planned Of being robbed and beaten, and
| showed marks Of having received about
both eyes and on the side of his head,
which latter was quite severe. He des-
cr:bed the parties, and from that desc,i pit on
| witness made search for the defendant who
was afterwards arrested by one Of the police
| officers. Accompanied Morton to the Ia e
| where the act was committed, aud where
his hat was found-it was on Ssventh street
near Marquette. Should not think Norton
intoxicated when witness first saw him-he
expressed his intention Of going to see some
girls and having some fun. The examina-
ton WAS made on the ensuing Monday when
Norton was present and testified.
MR.. WILLIAM NILES, POLICE OFFICER,
states that he knew the defendant. On the
Saturday night in question he saw Morton,
Garland and another personn Inkown at
three diff ferent sa.oons-the last, at about
twelve o'clock, at one on the corner Of
Gaines and Second streets. From there
they went in westerly direction, down
Second street short distance, afterwards
turning to the right where he lost sight Of
them, and saw no more Of them until after
the arrest OF the defendant.
D. $. SEVERANCE, CHIEF or POLICE,
has known the defendant for nearly ten
years, and saw Morto:. only cnce previous
| to Sunday morning; was acting as police
officer at the time, and arrested dcfendau;
on Sunday afternoon. Messrs. Poole and
Morton having furnished him with de-
| scription, which he bad no doubt that the
prisoner was one of the guilty parties can
not say whether prisoner told him that he
would not have done it had he no. been IN.
toxicated, but thinks prisoner said that az
he did it he was drunk
The prosecution here rested, and the de-
fense had no evidence 10 Offer.
Mr.. Ellis stated tha. tho prosecution was
unfortunate in not beng able TO find Mr.
Morton, and that under the circumstances
he should not ask the jury to give verdict
either for robbery or assault to commit, the
Hrst two counts in the indictment, as they
had not been explicitly proved. but an as,
sault had been clearly shown, and he asked
. verdict 10 that effect.
Messrs. Dittoe and Foster then spoke for
the defense, and Mr., Ellis closed the case,
which Was then submitted TO the considera>
tion Of the jury, and the court took the
noon recess.