Democratic Sentinel, Volume 11, Number 10, Rensselaer, Jasper County, 8 April 1887 — KELLOGG NICHOLS’ MURDER. [ARTICLE]

KELLOGG NICHOLS’ MURDER.

The Trial of Henry Schwartz and Newton Watt, at Morris, 111. An Army of Witnesses—Opening Pleas of the Counsel in the Case. [mobris (iiit,.) correspondence.] The trial of Schwartz and Watt, charged with the murder of Kellogg Nicho’s, the Bock Island express messenger, in March, 1886, has been in progress here for more than a week. Nothing was done the first week of the trial beyond securing a jury. On Monday the opening speeches of counsel were made, and on Tuesday the intfoduction of evidence began. A large number of witnesses are ou hand. Among them are Conductors Danfortli, Wagner and Newcomber, Engineer Woods, Fireman Briggs, Baggageman Bamsey, Depotmaster Wheeler, and Brakemen Johnson, Thomas and Mulligan, all employes of the Bock Island Boad. W. A. Pinkertou is also here to testify. Quite a number of other witnesses nre on hand, among them the express employes. The court-i oom seats about 300. The Hon. Dorrance Debell, the presiding Judge, sits at the north end. He is perhaps 45 years old, has a finely shay ed head, and very intelligent countenance. At his left sit the twelve “good men and true” who constitute the jury. Nearly all of them are middle-aged men, and seven of them are farmers. Between the Judge and jury is a table at which sit State’s Attorney Carter and his associates in the prosecution, Judge Wing and Mr. Stough. In front of the Judge a long table extends nearly across the room. At one end are eight or ten reporters, and at the other sit counsel for tho defense—Col. Bowman of Philadelphia, Judge Baker and Messrs. Case and Hogan of Chicago, and Judge Jordan of Morris. Between counsel on one side of the table are the two young men who are on trial for their lives, Henry Schwartz and Newton Watt. Directly back of them two brothers of Watt and Schwartz’s father occupy chairs. State’s Attorney O. N. Carter, in his opening address in behalf of the prosecution, said that the extreme care taken in selecting the jury indicated the great importance of the case. He spent considerable time in explaining the law in its application to the case, dwelling particularly on the nature and force to be allowed circumstantial evidence, much of which, it is understood, will figure in this case. Next he spoke of reasonable doubt, and cited authorities and decisions to make clear what and only what the jury was warranted in considering such when it should come to make up its verdict. Mr. Carter then briefly summarized the killing of Express Messenger Kellogg Nichols and the circumstances immediately connected with the crime.

The ill-fated train upon which the murder was committed left Chicago at 11 o’clock on the night of March 12, a year ago. Wagner was conductor, Woods,“engineer; Briggs, fireman; Nichols, the murdered man, expressman; Watt, one of the defendants, baggageman; Schwartz, the other defendant, front brakeman; and Johnson, rear brakeman. Watt, whose position was that of front brakeman, had on that night taken the place of the regular • baggageman, Eumsey, who was sick. Schwartz, the rear brakeman, took Watt’s place ns front brakeman, and Johnson, a substitute, took Schwartz’s usual place. After explaining how Nichols was killed between the time the train left Joliet and its arrival at Morris, he said that the next morning the world was asking who committed the horrible crime. “We of the prosecution,” he said, continuing, “have ceased to ask that question. We believe we shall show you beyond a reasonable doubt that the defendants before you were the men whose minds planned and whose hands committed that murder.” Attorney Hogan made the opening statement in behalf of Schwartz, and Judge Baker iD behalf of Watt. Mr. Case said the whole case against the defendants was summed np in this: Messenger Nichols was killed on a train on which they were. Schwartz returned to Chicago on a train on which were found a sachel and a piece of paper supposed to have some connection with the robbed safe, and Schwartz had been spending some money in SSO bills. That was the whole case, Mr. Hogan said. Tho case was called The People against Henry Schwartz and Newton Watt, but that was a misnomer. It shoujd be the Chicago, Bock Island & Pacific liaiiroad Company against Schwartz and Watt. The Bock Island Company was one of the greatest corporations in this country, and in this case had resorted to all manner of deceit and false practice in order to convict the defendants. Becurring to Mr. Carter’s assertion that Watt had admitted receiving the $3,000 package from Schwartz and to other admissions claimed by the prosecution, Mr. Hogan said admissions and confessions wero often made under circumstances of compulsion or browbenting, and that they wero rightly looked upon as very suspicious evidence. Judge Baker, in behalf of Watt, replied to Mr. Carter’s opening speech, saying that he did not think the defense had been treated fairly. Tbe State had furnished a list of witnesses by name simply, but had not furnished addresses or intimated wbat they expected to prove by them. The jury would find that the State would not be able to prov.j that the defendant* or either of them actually killed Kellogg Nichols. The State had not intiipnied that it expected to show that they were accessories before the fact. If it had any such expectations it should have* announced it. Judge Baker then went on to explain what constitutes an accessory before the fact and also after the fact. The defendants could not under the indictment bo convicted and penishod as accessories after the fact, and the State, he presumed, would make no such claim. Judge Baker gave a long explanation of the past life of Watt, and to some extent of his parents and brothers, in order to show that ha had been well brought up and had led nn exemplary life. He made a plain and telling plea to the jury to give the evidence impartial consideration and to allow to the defehdants the benefit of all doubts.