Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1895-03-09
A BLACK HILLS NEWLY CASE
John A. Nelson Drew His Dead
Brothers Pension.
california Jack" Told a Romantic anQ
Circumstantiai Story, but the
Facts and Fate Were
Against Him.

Facts and Fate Were
Against Him.
Chamberlain, S. D., March 2.-lnfor'
nation from Deadwood gives details of
a case which resembles in many partic'
ulars the famous Newly pension case
The case Of the United States vs. John
A. Nelson. an old timer in he Black
Hills, is the ease referred to. The grano
jury found Nelson guilty on the i've
counts contained in the indictment, the
principal charge being that he imper
sonated his dead brother Andrew in his
application for a pension as "A soldier
i'm the Mexican war. The story told b,
Nelson on the witness stand is an inter
esting one. He testified that his correct
name was Andrew Nelson; that he was
born i'm Alabama in December, 1896, and
subsequently moved with his parents tc
Texas. In 1916, during the Mexican
war, he enlisted in the Second cavalry
Texas volunteers. commanded 10y
Colonel Woods. He rode "A little bald
faced Indian pony which had been left
behind by the Cherokee Indians when
they We're driven from that part OF the
country, and had been found among
his fathers plow horses. With his reg
! ment he marched west n joined Gen.
eral Taylor's forces on the west side OF
the Rio Grande. Nelson spoke at
length of the Mexican war, Of the
causes leading to it, of the call for vol.
unteers. and gave graphic accounts OF
scenes and incidents of the service.
After three months service in the field
he was taken sick, and being examined
by a physician was discharged for dis
ability and sent home, where he re
NAMED for the next few months In
the spring of lS47 there was another cali
for volunteers, and he n his brother
William. with others i'm the neighbor.
hood, joined a volunteer company ana
marched about POO miles into Mexico
Skirmishing most of the time. In Sep.
TENDER. 1S47, an order was issued by
General Taylor for the regiment to re
turn 10 San Antonio n be mustered
out of the service. the wal having ended
Defendant testified hat his brother
John died in 1S49. and that he was with
him at the time. In June. 1850, defend.
ant left home and went to California.
and for three years heard nothing from
home. In the winter Of 1853 he received
a letter from his parents asking him H.
axe the name of John \. Nelson, as
they had believed him dead, had made
an affidavit To that effect and had re-
ceiVed $25 on a land warrant due him
On account Of his service in the Mexican
war. He tool the name John A. as re-
quested, and had used it ever since, ex-
cept i'm the case of his application for a
mansion In 1919 oftap haNipu ,,aCiiaI
in Idaho. Montana and other states, he
removed to the Black Hills. where he
has resided ever since. with the eXcep.
ton of two years. He swore that ne
was the original Andrew Nelson. and
that ii was John Nelson who was buried
on the old family plantation in Texas.
The above romantic story was sadly
punctured by the testimony Of Wit
nesses from Texas who had known the
Nelson family since the boys were chill
dren. Among the witnesses was an
aged negro who testified hat he was
with the original Andrew Nelson when
he was taken sick and died a few years
after the close of the Mexican war.
Witness had shaved the dead man and
had helped to lay him out. He was pos
itive hat the man who had died was
Andrew Nelson, and that the defendant
was John A. Nelson. who had never
served in the Mexican war at all. The
family bible of the Nelson's was also
placed in evidence. II had been i'm the
family more than twenty years. and
contained a record of the births n
deaths in the family. Andrew Nelson.
according to the record i'm the bible, died
I'm 1S4S, which confirmed the statements
Of the witnesses for the prosecution.
James a. Reyes, a member OF the Dead.
wood sporting fraternity. was called
and exhibited a promissory note for $75,
secured by a chattel mortgage, executed
by defendant to cover a loan, and both
were signed John A. Nelson" An
other witness was called who pro-
duced a note signed John A. Nelson
and swore that defendant had signed
the note. The inscription on the tomb
stone over the grave of the true Andrew
Nelson in Texas was also admitted as
evidence against the defendant. The
case presented many sensational and
remarkable features, and was bitterly
fought from beginning to end. Judge
Dundy has not yet pronounced sentence
on Nelson, and may not do so for some
days. The accused received the verdict
Of the jury without a tremor. He is an
old man, and is known among his asso.
ciates as "California Jack"