Omaha daily bee., 1896-01-01
PECULIAR CRIMINAL CASE REVIVED.
Triai of Timotby Donovan at Chcro-
krc AtfrncfInu Attention.

CHEROKEE, Ia, Dec. 3i.-(Spcoial) y
The case OF the state against Timothy Dom
ovan for the shooting OF Tobias Hagan April
s will be the first case for trial at the
January term Of the district court This
case is looked forward to with much inter-
est by the entire community, owing to the
fact that the circumstances surrounding II
are Of peculiar nature, and perhaps the
first Of the kind to- ever go on record. Both
principals have been long and favorably
known In Cherokee, always being consid-
cred hard working and honest men, each
the head OF large family.
In the spring Of 1894 Donovan secured
a position with the brick and tile company
at Sargents Bluffs, and moved his family
to the place He had scarcely located when
he received letter from his friend Hagan,
at Cherokee. asking him to use his in
luence in securing him position with
the brick and tile company, which he did,
and Hagan secured the desired position.
Hagan went TO Sargent's Bluffs to work,
but left his family at Cherokee, and Sc
cured lodging with the Donovans. Every
thing went smoothly until about the middle
of the summer, when Donovan gave little
party, inviting all OF his brother employees.
Beer was one Of the principal refreshments.
although none imbibed too freely. About 12
o'clock the guests had gone and the family
retired for the night, and so did the
boarder
about an hour and half after had
gone to bed," said Mrs Donovan, II was
partially awakened by some one getting
into my bed | supposed 1t was my hus-
band, consequently 1t did not startle me.
He generally slept in an apartment by him
self and visit to my bedchamber by him
was not an uncommon occurrence. He re-
mained with her an hour.
81 dd not know that 1t was not my hus-
band that had been with me until a few
Inf hp I
came back to my bed. and I asked him why
he had returned. He replied that he had
not been there before. l screamed, jumped
from the bed, and said: My God, Tim,
what have I done? A man has just left my
bed We were both nearly crazy with
rage and hardly knew what we were doing.
We lighted lamp and went to Hagan's $
room. where he pretended to be sound
asleep. We both accused him Of the crime,
but he denied 1t, and we ordered him from
the house. We felt so bad over our dis
grace that we could not stay there, so a
short time after this happened we moved
back to Cherokee"
When Hagan returned to Cherokee he
secured a position with the street COM
missioner. April his duty called him to the
Donovan neighborhood. Donovan had
brooded over the wrong that his once trusted
friend had done him until he was more
like a beast than a human being, and the
sight of Hagan as he passed his home in
censed him to such a degree that he could
no longer control his feelings. He seized
his shotgun and ran into the street and
fired two loads of shot into the body Of his
victim, who fell to the ground. Donovan
ran back to the house and secured more
shells, but was seized on his return, and
prevented from again firing on Hagan, who
was already more dead than alive. Dono-
van was taken into custody and the wounded
man carried to his home. 1t was found
that one charge had taken effect in the right
arm and side, the other striking him fairly
in the back. Over ninety shot had found
lodgment in his body, and the physicians
thought that he must surely die. But
Hagan is very strong man and recovered.
The arm that was so filled with the lead
is stiff, and will probably be of no further
use to him.
Donovan waived examination on the charge
of assault with intent to kill and his bond
was fixed at 81 900, which was soon fur
nished. and he was given his liberty.