Rensselaer Republican, Volume 19, Number 31, Rensselaer, Jasper County, 7 April 1887 — KELLOGG NICHOLS’ MURDER. [ARTICLE]

KELLOGG NICHOLS’ MURDER.

The Trial of Henry Schwartz and Newton Watt, at Morris, ILL An Army of Witnesses—Opening Pleas of llie Counsel in the Case. ’ ;V ” ' ’ { ' v [MORniS (ill.) correspondence.] The trial of Schwartz and Watt, charged with the murder of Kellogg Nleho’s, the Rock Island exprsss messenger*,in March* 1886, has been in progress here for more thau a week. Nothing was done the first week of (he trial beyond securing a jury. On Monday the opening speeches of counsel were made, and on Tuesday the introduction of evidence began. A large ntimber of witnesses are on hand. Among them are Conductors Danfortb, Wngner and Newcoinber, Engineer Woods, Fireman Brig, s, En.gn'genian Ramsey, Depotmaster Wheeler, and Brakemen Johnson, 1 li oinks and Mulligan, all employes of tho Hock Island Road. W. A. Pinkerton is also here to testify. Quite a Lumber of other witnesses are on hand, among them the express employes. 'I he court- 1 o m seats about 300. The Hon. Dorrance Debell, the presiding Judge,' sits at the north end. lie is perhaps 45 years old, has a finely shapeJ 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 n arly across the room. At one end are eight or ten reporters, an ! at the other sit counsel for the defense—Col. Bowman of Philadelphia, Judge Baker and Messrs. Ca~e and Ilogan of ('liieago, and Judge Jordan of Morris. Between counsel ou one side of the table are the two young men wt o are on trial for tluir 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, iu 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 liature 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 li o’clock on the night of March 12, a year ago. Wagner was conductor, Woods, engineer; Briggs, fireman; Nichols, the murdered man, expressman; Watt, ohe of tho defendants, baggageman; Schwartz, tho other defendant, front brakeraan; and Johnson, rear brakeman. Watt, whose position was that of front brakeman, had on that night taken the place of the regular baggageman, Rumsey, who was sick. Schwartz, tho rear brakeman, took’Watt’s place as front brakefnan, and Johnson, a substitute, took Schwartz's usual place. After explaining how Nichols was killed between tho timo the train left Joliet and its arrival at Morris, he said that tho next morning the world was asking who committed tho horrible crime. “We of the prosecution;“’lie 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 whoso miods planned and whose hands committed that murder.”

Attorney Hogan made the opening statement in behalf of Schwartz, and Judge Baker in behalf of Watt. Mr. Case said the whole case against the defendants was summed up in this: Messenger Niehols 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 spendiug some money in SSO bills. That vns the whole case, Mr. Hogan said. The case was (felled The Feople against Henry Schwartz and Newton Watt, but that was a misnomer. It should be the Qhicago, Rock Islaud A Pacific Ifeilroud Company against Schwartz and Watt. Tho Bock Island Company was one of the greatest corporations in this country, and in this case had resorted to all manner of deceit anil false practice in.order to convict the defendants. Recurring to Mr.; Carter’s assertion that Watt had admitted? receiving the $6,000 package Irom Schwartz and to other admissions claimed by the prosecution,'lllr. Hogan said admissions and confessions weTe ofi en made under circumstances of compulsion or browboating, nnd that they were 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. The State bad furnished a list of witnesses by name simply, but had not furnished addresses or intimated what • they expected to prove by them. The jury would find that the State would not be able to prove that the defendants or either of them actually killed Kellogg Nichols. The State had not intimated 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 (hen weut on to explain what constitutes an accessory before the fact and also after th" fact. The defendant"- could not under the indictment be convicted and punished 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 Borne extent of his parents anti brothers, In order to show that he had been well brought up and had led an exemplary life. He made a plain and telling plea to the jury to give the evidence impartial consideration and to allow to the defendants the benefit of all doubts. If yon stick your finger into the water and take it out. it is in vain to look for the hole; and equally so is it to suppose, whatever space you occupy, that the world will - miss you whatr'TffT die. 'No intention has yet been made for picking a goose or shearing a sheep, but the arrangements for plucking and fleecing poor men are tolerably complete, - ■ Won’t the combing man be a barber?