Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1903-03-20
Dan MAL0NEY,s A /
Now Rests With the Jury-Nachtschiem
Murder Case Nearing the End.

Now Rests With the Jury-Nachtschiem
Murder Case Nearing the End.
On the night of August. Sd, last
year, the dead body Of Nick Nahtsch-.
Gem, an old man who was running 4
near the round house, was
found in a cellar rnder the Hshackn
in which he lived, the head being
cut off. There was a bullet hole in
the top of his head, and the theory is
that as he was coming out of the eel
lar he was shot and afterwards the
head cut off 50 that the body could
better be concealed under the house.
The condition in which the body was
found indicated that the crime had
been committed at least ten DAYS
prior to its discovery. The body was
first discovered by Hans Alworth,
who lived in the vicinity, and who
had called at Nick's place to get some
beer.
Dan Maloney ran a"pig" in the
same neighborhood. About a month
after the discovery of the crime Ma
loney was given. a 100 day sentence
in the county Jail for blind plgging.
At the expiration of his sentence he
commenced drinking heavily, and it
is alleged by the prosecution that hg
attempted to commit. suicide by cut
ting his wrists with a razor. At
this time it is supposed he believed
he was about to die and upon state
ments then made he was arrested
charged with the murder of Nachts-
chem.
The principal witness for the state
was John Badge who testified that he
was in the room where Maloney was
when the alleged attempt of suicide
was made, and that Malouey said:
81 am done for now; my God,
My Godl Poor Nick Nachtschem;
what made me do it.. I have never
had a nights rest since I did it, and
have never been able to look a man.
in the face since I did it.
Other witnesses testified as to
threats Maloney had made against
old Nick, in which he had declared he
would kill him if he continued to
make trouble for him.
The chief witness for the defense
was tbs defendant himself. He
claimed that at the time he cut him
self he had delirium tremens and that
he did not know what he was doing;
that once before when he had the
tremens he had attempted to commit
suicide-unknowingly. He vigor-
ously denied having any knowledge
as to how old Nick came to his death
and avered that they had always
been good friends. In explanation of
the admissions made in the presence
of Badge he said that after he had
bled profusely he became somewhat
rational, and seeing the condition he
was in he commenced to think what
caused it all, that it was liquor that
had made him a life of trouble, that
he happened to think it was liquor
which was responsible for old Nick's
death, and that it was liquor which had
made SO much trouble for himself,
and at that time he said: "Poor
old Nick" And observing that he
was in a bad condition himself con-
tinued to observe: "Why did I Go
tlis?'
The case has been on trial al! this
week. States Attorney Anderson has
been conducting the prosecution and
he is entitled to much credit for5the
clean and able manner in which he
has conducted t he case. Attorney
Dsnoyer ably conducted the defense
and if Maloney is not acquitted it is
no fault of his counsel.
The case was given to the jury at
u o'clock Thursday noon, and at the
time of going to press they have not
returned 8 verdict.