Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1906-12-24
DR.. NELSON WAS DULY
ACQUITTED OF MURDER
WAS ON TRIAL NINE TIMES IN SIX
YEARS IN CONNECTION WITH
HOUSTON COUNTY KILLING.

Saturday afternoon, just before
o'clock the jury returned a verdict
of not guilty in the case of the State
VS.. Dr. Henry Nelson, transferred
from Houston county, and the Herald
was on the streets at $3.50 with a re,
port of the verdict and a brief outline
of the case.
This is the second acquittal of the
defendant, first tried for the killing
of Bob Alexander, and this last trial
charged with the murder of Mrs. AL
exander, DR.. Nelson having stood trial
nine different times during the past
six years in connection with the. kill
ing of Alexander and his wife on Au
gust &c, 1901.
The State was ably represented by
the best legal talent of the common
wealth, and the case was vigorously
prosecuted throughout all the trials.
The defendant was represented by
able lawyers of East Texas, who have
gained a signal victory for their client.
The defense claimed that the killing
Of Mrs. Alexander during the pistol
duel between the men was purely acci.
dental, and that no man defending
the good name of his sisters or a
woman would be guilty of taking the
life Of a woman.
The case has been in progress here
since last Monday, and was given to
the jury Friday evening after o'clock
at the conclusion of the charge of Dis
trict Judge B. H Gardner of the Third
judicial district of Palestine.
The trouble arose over slanderous
statements made against sisters and
nicces of the defendant, Dr. Hy Mel.
son, prominent physician of Weldon,
who, it is shown by the evidence ad-
duced, both at the former and the |
present trial, went to the home of |
Robert Alexander, near Weldon, on
August &c, 1901, for the purpose of |
haN ing a settlement with Bob Alex |
ander. Shortly after arriving at the |
Alexander home and during the argu |
nlent q Winchester and pistol battle
followed between Alexander with his
Winchester and Mrs. Alexander his |
wife, assisting him with a six-shooter,
on the one side, while DR.. Hy Nelson,
Esan Nelson, Ellis Nelson and the
two Crauson brothers were on the
other side.
After the battle was over both Bob
-kfsxandeF aud his wife were dead.
this is the ninth trial that DR.. Hy
Nelson has stood in connection with
the tragedy, he having first been
charged with the killing of Alexander,
and stood trial five times on the in
dictment being once convicted at
Crockett on the charge of killing Mrs.
Alexander, but the court of appeals
. evcrsed the finding of the jury, and
The next trial occurred at Crockett
last November, resulting in a hung
jury. and a change of venue was taken
to this county in which the defendant
vas being tried for the ninth time.
The case was called in the district
court in this city Monday morning
with Judge B. H. Gardner on the
bench. The State was represented by
Hon. ]. E. Yantis of Waco, first assist
ant attorney general; T. J. Harris,
district attorney-elect of Anderson
Weeks & Whitley of Pales-
tine, and Attorney Silas of Crockett,
while the defendant was represented
by Hon. Earl Adams and Hon. John /.
Moore Of Crockett and Judge Ned B.
Morris of Palestine.
The attorneys in the case are
among those of the most notable law
yers of the State, and both sides con
tested every phase of the case and
fought every inch OF ground for their
respective sides.
Monday was devoted to the selection
Of jury and the case was formally
opened late Monday afternoon.
The State rested its case Tuesday
evening, after producing a large num-
Der of witnesses to prove their theory
that DR.. Henry Nelson had killed Mrs.
Alexander during the fight.
The defense was that Mrs. Alexan.
der was slain by a stray bullet, and
was therefore purely accidental, al
though Mrs. Alexander was an active
in the fight, being armed {
with six-shooter which she used in
her husband
DR.. Henry Nelson made an admir-.
able witness for himself and in detail J
ing the causes which led up to the
of August &c, when the fight
occurred, said in part
Il went to see Alexander to have ,
him explain or retract slanderous
statements made by him against my ]
sisters and nieces. On reaching the
Alexander home, was promptly Gov {
cred by a Winchester In tho b,pdg % {