Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-03-19
ANOTHER MURDER TRIAL.
John James Convicted Of Mansisughter In ahe
/ second Degree.

The trial of John James for the mur
der of his partner, Iverson, at Fair
play in September last, was tried IN
the Circuit Court on Thursday and
Friday last, and attracted more thar
usual attention. District Attorney
Carter appeared for the prosecution
and Attorneys Clementson and Hazel
ton for the defence. Judge Mills
charge to the jury giving full review
of the important testimony in this case
we copy the same below:
TIKI JUDGES CHARGE
The informa ion Ct the District Attorney
charges the defendant. John James. with the
murder az Edward Iverson at the Village oi
Fairp|av. IN this county, on the Sd of Septem-
ber 1878.
will give an outline of the evidence, not to
control your recollection. for you are the sole
judges to determine upon the testimony, hut
that YOU NAV be the better enabled to apply
the law to the facts in the case
John FOray, a. understand his testimony.
| swears t.iat he was present at the tire OF the
| ARRAY he was an apprentice, learning the
| blacksmith business with the defendant and
| his partner, Iverson. Iverson wac single
| man; the defendant WAS married, hut his wife
had oeen absent since the latter part Of July.
The defendant and Iverson occupied two
rooms, front room and kitchen. part OF a
| d. elling house belonging To Mr. euler. The
latter and Mr.. Henderson occupied the other
rooms of the building, which communicated
with those occupied bv the defendant liver
1 S3.,A 81. AZ
| the provisions, and while Mrs. james was ab
sent the defendant attended TO the cooking
and housekeeping in her stead Iverspn went
TO Dubuque on the I'd Of September came
back about 5 o'clock sOmew hat intoxicated -
Foray and James were in the back roo4 or
| kitchen preparing supper. fverson came in,
sat on the lounge, wanted to see James and
the latter and he sat and whispered toge, her;
they went out to talk over something fin the
garden. The witness called them in To supper
in the small or back room; they came in, sat
down at the table. ana the Dovle bow
| came in. He said TO Iverson, You look az
| though you had been on the sick list liver
son got up. using some words damn son of
bitch too hell" went into the front room,
picked up fiddle belonging to James; threw
it back on the bed; pushed over a rocking
chair picked up chair the witness heard
glass fly The defendant got up, said break
ing things There were two guns in the cor
ner of the room near James; he picked up one
of them: made towards IvcrS0n and pulled the
trIgg, r, the gun did not 60 off; witness tried
TO push the gun away; turned the muzzle to-
ward the west side of the door; in the mean
time James cooked and snapped the piece
three or four times witness got the gun from
James hand ard would have thrown il out of
the window, but the guard struck the window
casing and slid down with the butt on the
floor This gun belonged to Mr. Hunsucker
the defendant had used it the Sunday before
the right hand barrel, if not both barrels
was loaded AS the witness was passing the
gun through the window, Iverson came, caught
hold of him; drew up his fist in a threatening
manner, but did not strike Witness broke
away from him and got into the front ROOM
Iversnn staggered towards James in leaning
rOsti0n near the partition wall and door;
James grabbed the other gun, put it down
again, got hold Of The Hunsucker gun. pushed
Iverson back with the mnzze, raised it to his
shoulder and fired. Iverson had entered the
small room when James had laid down the Pal
lette gun. At this time the witness was in the
front room. After the firing Iversou came
out of the kitchen hol ling his hand to his
breast and saving, | am shofl He vert BY
the back way and reached the front of Mr.
Guler's store; the witness went into the room
and asked James why ne had shot Iverson -
He said he did not know; he must be crrzy.
Mesers Gu'er and Henderson came from their
room through the PARTON door and put tie
same questions to James, and he answered
them in the same wav The witness saws
James fired off the right hand barrel. As far
~ he knew the parties were friendly and nut
in the garden one Of them had his arm around
the other.
Mr.. Henderson, who lived with Mr. Guisr
in adjoining rooms. test6eS tina: he saw james
and Iverson walking together Ill the garden
before supper; IversoH "as under the inhn-
ence Of liquor. While eating supper he heard
some noise or disturbance in James rooms,
got two steps through the door into his front
room and heard the gun fire. The room was
filed with smoke; saw james standing with
the gun in his left hand; held up his righr
hand and said Il have shot him" He followed
Ivprson and found him where they were LAYING
him on a bench in front of Mr.. Gultr'A store
He went back and saw James walking in front
of his house, he said 'herc | am. take me-
the witness said he had no au,h0 ity; he
asked him why he shat Iv"rson He said he
did not know, he must have been crazy.
George Sparks,at III request Of the iutsicr,
arrested the defendant. when asked The
question first, the defendant said he did not
know why he shot Iverson on being asked the
second time he replied, George, il is that girl
that caused all this
Frank Hogan testfes that af' err Iverson was
wounded aud under his charge. he requested
that defendant sho Id he sent for. He was
brought into his presence He asked him in
Gods name, why he had shot him. James
piled he did not know. Iverson continued,
Have not been like a brother tn YOU; have
not divided the last cent with YOU? James
broke into tears, Iverson put his hand on his
breast and said, This il what get for my be
nevolence. Have | not treated you like
brother? James said he had
Henry l. Mann testiies that he wrote down
certain statements made by Iverson on the 81
of September; at that time he was too weak
to write his name. The paper had little ref
erence to the sh ,oting on the I'd, and was not
read TO the jury, except some or sentences.
DIR. Campbell testified that the wound was
caused by shot entering the left side of the de
ceased, breaking some of the ribs, taking off
part Of the breast bone, leaving part OF the gun
wadding between the ribs; the wound ranging
across the breast and little upwards; thst
the wound was the cause OF the death which
to ok place on the 8th of September The de
ceased appeared to be man Of power tul mus
Gle and will, otherwise almost immediate death
would have ensued
John James, tie deienOant destined tndL ne
first became acquainted with Iverson in Mon
tana in 1853 Al different times they had
worked and patched there together Ii | 1869,
then they contemplated returning 60 the
States aud working al their business in part
| nership. The defendant came back To Galena
il 1870; fall Of 1870 the deceased came back;
went again to Montana aud came back in 1917.
In November, '72, the deceased came TO Fair
PLAY and entered into partnership with the de-
tenIant, who had set up business there near
year earlier. On the TN OF May last C73) the
deceased, returning from Dunleuh, came to
the defel dAnt'o house where he was boarding,
sez d him by nc the throat, and being
a very powerful man. pitched him on the head
If the bed, severely injuring his right side. -
The defendants father, wife and her sister were
| present Defendant asked why he did So; he
| refused to eat supper; struck the table with
| his hst; Knocked the teapot over; the con
| tents scalded the child. The defendant en-
| fnr .hiIdr..usi .ka mt tn