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THE MURDER
ON THE DUBUQUE
PART IV
Transcribed by Georgeann McClure
and Sue Rekkas
Researcher Sue Rekkas
The
Davenport Daily Leader, Sunday, April 19, 1903, page 3
CORONER'S JURY
TO BE SUBPOENAED
_______
WILL
BE CALLED TO TESTIFY IN LEONIDAS CASE
______
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Subpoenas have been issued for the jury that was called by the
coroner when the death of the Leonidas people was examined into at
the time of the shooting and they will testify before the jury
Monday. The men who were on the jury were M. J. Eagal, W. D.
Petersen and Ed Gifford and they, together with the coroner will
be called into the trial now in progress to testify as to the
statements that were made when the first inquiry into the death of
the two men were made.
Dan Breen is still in the city and it is probable that he will be
put on the witness stand Monday or Tuesday. The testimony of the
chief actor in the tragedy that is now being inquired into will be
watched with the deepest interest by all and it is probable that
some startling statements will be made. The attorneys for the
defense have not stated as yet that he will be placed on the witness
stand at all but it seems to be the general opinion of all that he
will be called upon to tell his story before the trial is over.
All of
yesterday afternoon was spent in reading the depositions of the two
men whose testimony was taken in St. Louis.
The men were H. E. Stock and Dr. J. M. Schwartz. The statements
made by these two men were to the effect that Breen had called
attention to the cowboy hats they wore when they were boarding the
boat and that the men had threatened to take care of him if he did
not mind his business. The testimony seemed to indicate that the
Leonidas people were dangerous characters and that they would take a
man's life with little provocation.
Saturday
afternoon was consumed in the cross examination of Killeen.
The principal
fact which the attorneys tried to gain was that Breen had plenty of
time to get behind the boxes on the deck and that he did not need to
shoot in order to save his life.
The defense
has several other witness to introduce also and it is probable that
the case will last the greater part of nest week.
Many congratulations are being given to Messrs. Letts and Cooper on
the way they are handling the case and they are making everything
out of the testimony that could possibly be done.
Messrs.
Lenihan, Chamberlin and Ely are also fighting the case to the finish
and no point in the mass of evidence that is pouring in, is being
overlooked.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Daily Leader, April 20,1903, page 8.
CORONER'S JURY CALLED TO STAND
________
TESTIFY THIS AFTERNOON IN LEONIDAS CASE.
_______
Matter That Was Wanted From Them Was In Regard to the Revolvers
that Were Used in Shooting.
_______
The
coroner's jury consisting of M. J. Eagal, E. H. Gifford and W. D.
Petersen were called to the witness stand to testify in regard to
the Leonidas case this afternoon.
Mr. Eagal was placed on the stand first and was asked concerning the
revolvers that figure in the shooting.
The defense was desirous of having him state as to whether the guns
of the Leonidas people were loaded and what kind of guns they were
but the question was overruled on the grounds that the guns
themselves were the best testimony.
Mr. Eagal was then asked to state what he knew in regard to the
revolver used by Mr. Breen and whether it was a nickel or silver
barreled gun or whether it was a blue steel barrel.
The witness stated that it was of blue steel. Mr. Gifford and
Petersen were introduced and testified to practically the same
thing.
The two guns that the men carried were also taken into court and
introduced in the trial.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Times, dated April 20, 1903, page 8.
DAN BREEN ON WITNESS STAND
_______
CLAIMS THAT
THE KILLING WAS IN SELF-DEFENSE.
______
Leonidas Case Continued After Sunday Recess--Coroner's Jurymen
Testify.
______
The Leonidas
case was resumed in the Scott county district court at 2 o'clock
this afternoon. The first witnesses to be called were M. J. Eagal
and E. H. Gifford, who had served on the coroner's jury at the time
of the inquest over the bodies of the Leonidas men. These witness
were followed by R. B. McCall, a pilot on a ferry boat, and Dan
Breen, one of the defendants in the case.
R. B. McCall did not divulge any important testimony and the
plaintiff did not cross examine him.
Breen takes Stand.
Breen took the stand a short time before 3 o'clock and the direct
examination was begun by Attorney Ely.
One of the first questions asked Breen was as to whether or not he
had ever shot a man before the shooting of the Leonidas men. To the
question he replied:
"No, never."
He was then questioned into the conduct and conversation of the
Leonidas men upon their arrival on the boat and he said that they
caused considerable trouble.
Breen then went on to show that the killing of the men was in
self-defense and all of his testimony was delivered in a cool,
deliberate tone of voice which fact may have some effect on the
jury.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Times, Tuesday, April 21, 1903.
STRONG OBJECTION RAISED BY COOPER
________
HAD PART OF MATE BREEN'S TESTIMONY RULED OUT
_______
Judge Had To Consult Statues--Breen Proves To Be Strong Witness
_______
Mate Dan Breen had not been long on the stand as star witness for
the defense in the Leonidas case before he was carried up in the
description of the very quarrels which resulted in the fight, and
was questioned as to the exact conversation and actions of both
himself and the murdered men.
The latter questions served as good grounds for the introduction of
an objection by Attorney Cooper for the plaintiff which is without
precedent in the Scott county court; and before he would hand down
any decision as to the merit of the motion, Judge House dismissed
the jury for a recess and retired to his private office to consult
the statues.
Breen had arrived at the point where he was telling the exact words
as spoken by himself and the murdered men and before he had the
opportunity to answer many of the questions put to him by Attorney
Ely, Mr. Cooper was up and making the following objection:
"I object to the testimony of the witness in this case as being a
direct transaction with a party who is since deceased."
The ground upon which Attorney Cooper based his objection was the
fact that Breen could tell but one side of the story and that as the
other parties in the transaction were deceased, their side of the
story could not be learned.
Sustains Objection
Judge House looked up the law on the case and sustained the
objection.
The attorneys for the defense made repeated attempts to introduce
evidence of this character and Judge House made a final ruling to
the effect that none of the conversation which was had with the
elder Leonidas would be admissible. However, as the younger man was
not named in the first case parts of the conversation which Breen
had with the younger man were recited by him.
The attorneys for the plaintiff consider the ruling as a decided
victory and received many congratulations for the timely discovery
of the ground upon which to base their objections.
On the other hand, the attorneys for the Diamond Jo company and Dan
Breen say that the opposition did not do as they said they would
were Breen put on the stand. They say that in the early part of the
trial they were told to put Breen on the stand and allow him to tell
the whole story and now that they have done this they claim that the
plaintiff will not listen to the evidence which he is able to give.
Breen's Testimony
Taken as a whole the testimony of Breen was strong and the manner in
which he gave it was convincing to say the least. He sat quietly in
the chair and answered all questions in a slow, deliberate but never
halting manner. He seemed to describe positions and actions to a
certainty and when he was repeating the expressions used by the
younger Leonidas he was able to quote them directly.
One thing which was noticeable was his use of ship vernacular and
all of the different positions and directions he described in sailor
language, such as aft, forward, starboard and others.
Breen said that he was given due provocation for his act and that he
believed his life to be in danger at the time that he shot the men.
He said that they had not only told him to his face that they would
kill him but that the porter came to him and warned him that the
cowboys intended to take his life.
He said that the first time that he had seen the men was at the time
they was boarding the boat on the Rock Island side of the river. He
did not take particular notice of them at that time, he said, and
had no trouble with them until they landed in Davenport.
When they had anchored at the Davenport wharf he said that he
noticed that the freight was not being removed and that he went over
to ascertain the reason for the delay. He stated that one of the
freight handlers informed him that the cowboys would not let them
carry the stuff over their baggage, and that one of them had pulled
a gun on him.
Breen said that he had told the men then to leave his men alone and
that they acted surly. He added that he had not talked in a
disrespectful manner to them and that he had uttered no threats.
Matters were finally arranged and the removal of the freight
proceeded.
After the first talk with the men he had entered into conversation
with Dr. Schwartz who was on board the boat at the time and had
asked him if he had ever seen cowboys, with whips and guns who did
not have horses. He claimed that this was said in a joking way and
that he then began to ask the Doctor about a prescription for some
stomach trouble that he experienced. The doctor said that he would
give him this and that he then returned to the front of the boat.
When he turned to leave the doctor he said that he noticed the
younger Leonidas standing within a distance of four or five feet
from them and that when he left, the latter asked the doctor what
that blank of a blank had told him.
What They Said
The doctor repeated the conversation to the fellow and the next
thing that Breen saw of him was when he walked up to him and with
his hand on the butt of his revolver said:
"This is the kind of medicine that you need."
Breen claims that he simply replied that he did not want any of that
kind of medicine, and walked away.
As to the conversation immediately preceding the shooting, the
following is alleged to have been uttered. (He had the whole
sentence uttered before objection could be made by the plaintiff's
attorneys):
Younger Leonidas--"There comes that ---- --------- now."
Elder Leonidas--"Yes, and we'll kill him and throw him overboard."
Breen stated that they made some passes and that he then shot them,
firing all of the shots in a period of about 30 seconds.
He alleges that each of the men had attempted to draw their guns and
that the younger man had his weapon half out of the holster before
he had killed the elder one. He denied that the former had held out
his arms and begged him not to shoot his father.
Explains Position
Breen was given the belt and revolver of the younger man and
explained to the jury the exact position of the gun when he had shot
the man.
The testimony was introduced to impeach the testimony of A. G. E.
Rydquist, who swore that neither of the men had attempted to
withdraw their weapons from the holsters and that the straps were
fastened over the butt ends of both of them.
During the cross examination Attorney Letts endeavored to fix two
other murders on Breen but the fact was stoutly denied by him and he
swore he had never shot or attempted to shoot a human being prior to
the shooting of the Leonidas men.
The grounds upon which the questions were based were the rumors
which are current to the effect that Breen shot and killed a man
while acting as mate on a boat in the Yukon river and also of having
shot a negro on the lower Mississippi. As a result of the
questioning he went into the details of his life in the Klondike and
also of his experiences on the lower Mississippi.
The defense also sought to establish the fact that he was naturally
a bully and that he had much trouble during his life, but he also
entered a stout denial of all the accusations of his character.
Regarding the language that he was alleged to have used in his
conversation with the men, he established a good alibi by stating
that it was against the rules of the company for one of the officers
on a boat to use profane language and that had he used it he would
have been liable to discharge.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Davenport Republican, Tuesday, April 21, 1903, page 8.
DAN
BREEN TESTIFIES
_______
MAN WHO SHOT LEONIDAS AND SON TELLS OF AFFAIR
_______
Gives Graphic Account of the Proceedings Which Led Up to and the
Shooting of the Medicine Men by Himself Upon the Steamer
Dubuque--Says the Younger Man Had Drawn His Revolver.
_______
Dan Breen, mate of the Diamond Jo liner Dubuque, and slayer of
Christopher Leonidas and his son Ellsworth, was placed on the stand
yesterday afternoon by the defense in the notable case of P. W.
McManus, administrator of the estate of Christopher Leonidas,
deceased, vs. the Diamond Jo line steamers and Dan Breen. He was on
the stand for nearly two hours and during that time the defense
brought out the mate's complete version of the shooting of the two
men on the steamer Dubuque, the fatal afternoon of July 10,
1902.--According to the testimony of Breen the shooting was done in
self-defense and the act was egged on by the actions of the men.
Story of the Shooting.
Breen testified that he saw the men come aboard and that trouble
began to result over the storage of the baggage owned by the two
medicine men. They had several packages, among which were boxes,
trunks, and a tent, along with two bicycles, and a large dog.
He said that when it became evident that there was going to be
trouble he went to the clerk of the boat and procured the revolver.
Young Man Draws Gun.
Breen testified that as he returned down the stairway the younger
man exclaimed to his father: "Here comes that ------ of a mate
again."- and started to draw his gun. The mate testified that
before he had secured his own weapon the young man had his weapon
entirely out of the holster and the old man had his nearly out when
he shot him. He testified further that the young man made a move to
shoot before he shot him. He said that he used his left hand in the
shooting, while Rydquest said Breen used his right hand.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Daily Leader, Tuesday, April 21, 1903, page 8.
PHOTOGRAPHS OF LEONIDAS PEOPLE
______
INTRODUCED INTO THE TRIAL THIS MORNING
_____
Dan
Breen Is Asked If He Recognized the People and Stated He Did That Of
the Elder One
______
The photographs of Christopher and Ellsworth Leonidas were
introduced in the trial this morning and they were given to Dan
Breen and he was asked if he recognized them.
When he gazed at the picture of the elder Leonidas Breen paused a
moment as he scanned the features closely and then remarked "Yes, I
recognize the picture to my sorrow." The photograph of the younger
man was taken several years ago and represented a delicate boy
rather than the full grown man that he was when shot.
Attorney Letts, for the plaintiff, took one of the belts and the
guns worn by the two men and strapped to his waist and he than asked
Breen to show the jury how far the revolver was drawn from the
holster, which the latter did.
The position of the men after the shooting and what occurred later
were also fully discussed.
When the shooting occurred there was a story to the effect that
Breen had shot a man before, in fact that he had shot a negro in the
south and had taken the life of a man in the Klondyke.
On the stand he was asked in regard to both of these reports and
positively denied them. Not only that but he stated that he was
never in the habit of carrying a revolver and that he had been more
free from troubles of that kind than the ordinary.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Times, Tuesday, April 21, 1903, page 11.
WOMAN IN BLACK CAUSE SENSATION
________
WOMAN CLAIMS SHE WAS MARRIED TO LEONIDAS
________
Second Mrs. Taggart Introduced by Defense in Leonidas Case--Has Son
by Him.
________
Shortly before the convening of district court in the Leonidas case
this afternoon a mysterious little woman in black entered the room
and took a seat inside of the rail. Women in black are usually
brought in during the progress of big murder cases, but the entrance
of the woman today sent a pall over the whole room--spectators and
attorneys alike who had flocked to the court to hear the windup of
the big case were taken by surprise.
The surprise was increased when the woman was announced as a wife of
the deceased Christopher Leonidas. And when she took the stand a
sigh passed over the vast throng, which had gathered to hear the
testimony.
Mrs. Taggart, as she gave her name is widow number two to appear and
claim that she is the wife of the murdered medicine man. The former
wife is the plaintiff in the case by her guardian, Mr. McManus, and
the introduction of the second wife is the greatest blow the the
plaintiff could receive.
She gave her name as Angeline. and claimed she was married to the
deceased man in Denver in 1891. She had with her her son, aged 12
years, whom she said was a son of her husband, Charles Taggart,
alias Christopher Leonidas.
The photograph of the man which had been given Breen for
identification this morning was given to her and she said that it
was the likeness of her dead husband. She also carried a photograph
of him which he had given her and the likenesses coincided.
Mrs. Taggart No. 2 presented the marriage certificate which bore the
name of Charles Taggart, and swore that the wedding had been
solemnized in Denver.
Another blow which she offered to the testimony of the first Mrs.
Taggart was the statement to the effect that he did not make much
money. She said that he had given her a small sum of money when
she met him in Quincy and another sum at a later date and that was
all that she received him. She also met him at Hannibal, Mo. She
claimed that he was unable to earn much money and her statement does
not agree with that of Mrs. Leonidas, the first, to the fact that he
was capable of earning on the average of $75 a month. There was
little she could tell about the man in late years but she gave the
impression that he was a worthless fellow.
Mrs. Taggart is living at Griggsville, Ill., but her relations with
the elder Leonidas were not revealed until this afternoon.
Taken as a whole, the introduction of Mrs. Taggart is a very
dangerous act for the plaintiff. The suit is brought in the behalf
of the first woman and it was thought that she was the only wife
that the man had possessed.
Captain Osborn Takes Stand
Captain Osborn, the local agent of the Diamond Jo line, took the
stand after Mrs. Taggert. His testimony in the main regarded the
number of shots that was fired, the time of the shooting and the
position and location of the boat at the time that he heard the
shots.
Hender On Stand
Dr. A. B Hender was introduced by the defense in the Leonidas case
this morning and occupied the stand for a few moments He carried a
manikin of the abdominal regions by which he sought to show the jury
the positions in which Leonidas was standing, according to the
position in which the bullet entered the body. No effort was made
to prove the fatality of the shot.
Dr. Hender was introduced at about 10 o'clock, and the
cross-examination of Defendant Breen was discontinued on order to
allow the doctor to finish his testimony and leave the court.
The only damaging statement from the cross examination of Breen was
that , instead of telling the Leonidas men to return their guns to
the holsters, as has been understood, he had told them to take their
guns up and leave then with the clerk. This statement he said he made
while he had the revolver which he had secured from the clerk, in
his pocket. That fact is damaging against his plea of self-defense,
for the reason that it tends to show that the men had not removed
their revolvers from their receptacles as he has already sworn. If
they had taken the guns from their holsters, the attorneys for the
plaintiff claim that he would not ask them to take them to the
clerk.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Davenport Republican, Wednesday, April 22, 1903
MRS.
LEONIDAS NO. 2
_________
ANOTHER
WOMAN CLAIMS DEAD MAN AS HUSBAND
________
Defense
In big Damage Suit Introduced Mrs. Angeline Taggart On Witness
Stand -- Says She Married Leonidas in Denver in '91--Captain Osborne
Says Boat Was on Illinois Side When Shooting Occurred
_________
After the noon recess the first real genuine sensation of the
defense's case was sprung in the introduction upon the stand of Mrs.
Angeline Taggart, of Griggsville, Ill. Mrs. Taggart testified that
she was the wife of a man known as Charles Taggart, a traveling
medicine vendor. She testified that she was married to him in
Denver Colo., in 1891, and had lived with him for some time, and
that a child was born of the union and is stilll living. She
professed ignorance of any other living wife and identified
Christopher Leonidas -- positively as Charles Taggart through a
photograph of the dead man which was shown to her. She acknowledged
that she had written to the police here for information concerning
the death of the Leonidas, saying that she has heard that her
husband was traveling under that name.
While the witness had said that her name was Angeline, no one would
guess it to look at her. She is a tall, slim, rangy person with a
racuous voice and not exactly inviting countenance. She appeared to
be about 50 years of age and said that that was her age.
Guns Were Loaded.
At the conclusion of the evidence of Mrs. Taggart Detective William
Mundt of the police force was recalled to the stand by the defense.
He testified that when he examined the revolvers which he took from
the holsters of the dead men he found them both loaded in every
chamber of the magazine.
W. C. North, clerk of the district court, took the stand to identify
the list of effects of the dead Christopher Leonidas, filed with him
in the probate matter. The list was then introduced as evidence and
showed that Christopher Leonidas owned a half interest in all the
baggage and money to the amount of $7.69, his son Ellsworth, owning
the other half interest.
On Illinois side.
The next witness called by the defense, and the last, was Captain
James Osborne, local agent for the Diamond Jo company. He testified
to having been at his office on the river front on July 10th, the
day of the shooting of the Leonidases, and of having stood in the
doorway after the Dubuque left the landing. He said that he watched
the boat swing out into the channel and that just after she whistled
for the draw of the government bridge he heard the shooting. He
swore positively that the boat was at that time closer to the
Illinois shore of the river than to the Iowa shore. Upon cross
examination he said that he thought the boat was to the south of the
regular channel. Immediately after the shooting, he testified , the
boat whistled for landing and put back. At the conclusion of
Captain Osborne's testimony the defense rested its case.
Dr. Bowman Testifies.
Dr. E. S. Bowman, one of the surgeons who performed the post-mortem
examination upon the bodies of the dead men, was placed on the stand
by the prosecution in rebuttal. He testified that he examined the
bodies and when questioned as to the particular location and course
of the wounds upon the older man he said that one bullet had entered
the pit of the stomach about five inches above and one inch to the
left of the navel bone, and had perforated the liver and left the
body about an inch to the left of the spine. He said that the
course pursued was almost straight through, veering possibly an inch
downward in its course. The other bullet had entered the front of
the left thigh. Dr. Bowman's testimony tended to contradict
evidence that had been introduced by the defense to the effect that
the elder man was turned to one side when the shooting occurred in
an effort to draw his revolver.
Henry Nagel on Stand.
Ambulance driver Henry Nagel was placed on the stand, also in
rebuttal. He testified to having driven to the Dubuque as it lay at
the landing on the day of the shooting, and described the positions
of the dead men when he went to them. He said that both were alive,
although the younger man was breathing heavily and appeared to be
about to die. Both were unconscious, he said, and while the younger
man lay on his back the older man was in a kneeling position with
his head resting on a box in front of him. He testified that the
holsters in which their revolvers were buttoned down tight and that
the holster of the younger man was twisted on his belt, away around
to his back, so that he lay squarely upon it and it was necessary to
turn him over to reach it.
Layton R. Ackley was the next witness in rebuttal. He testified
that on July 10th he was assistant at the undertaking establishment
of M. V. Boles & Co., where the bodies were taken, and that he
examined the wounds of the men. He described them practically as
did Dr. Bowman. He also produced the bullet which entered the
stomach of the elder Leonidas and came out at the back.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Democrat, April 22, 1903, page 5.
RAISED QUESTION OF COURT'S JURISDICTION.
_________
J.
OSBORN TESTIFIED DUBUQUE WAS ON ILLINOIS SIDE
_________
Defense Rested at 4:30 O'clock Tuesday Afternoon and the Rebuttal
Evidence Began for the Plaintiff--Case Reaching its conclusion.
The second startling development in the Leonidas case occurred
Tuesday afternoon when Captain James Osborn, agent for the Diamond
Jo line steamers, dropped into the jury box the matter of the
jurisdiction of the court. On the stand he testified that the
steamer Dubuque had left the landing and swung into the channel
headed for the bridge. She had whistled for the draw, and headed
straight away for it on the south side of the channel, the Illinois
side, when he heard the two shots fired, after which the Dubuque
swung around again and whistled for her landing here. When she
landed he had his first intimation of the tragedy which had been
enacted.
The testimony of the agent of the Diamond Jo line had an electric
effect. It attacked directly the jurisdiction of the court in the
case.
This morning, Messers. Rydquist, who had previously been on the
stand, C. W. Jones, who took the notes of the inquest, and Walter
Petersen, who was clerk of the grand jury that partially considered
the case of the State vs. Dan Breen, gave evidence.
The Arguments Begun.
After a short recess the arguments were begun at 11:30 o'clock.
Attorney Frank A. Cooper opening for the plaintiff. He spoke until
the noon adjournment resuming his argument again at 2 o'clock.
This afternoon Frank Cooper resumed his argument at 2 o'clock. He
paid attention to student Rydquist whom he styled a standard
witness, whom no one dared assail, and stated that those who did not
corroborate his evidence stood impeached. Mr. Cooper was still
talking when these forms were closed, and is not expected to
conclude before adjournment. He will be followed by N. D. Ely for
the defense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Davenport Republican, Thursday, April 23, 1903
CASE UP TO LAWYERS
_________
TAKING OF EVIDENCE IN LEONIDAS CASE COMES TO AN END
_________
F. A. Cooper For Prosecution Makes Opening Plea to Jury and Is
Followed by N. B. Ely for Defense-- Case Will Go to Jury Today--The
Prosecution Attempts to Prove That Breen Shot a Negro in 1896
_________
Shortly before the noon recess yesterday the taking of evidence in
the case of P. W. McManus, administrator of the estate of
Christopher Leonidas, deceased, vs. the Diamond Jo line steamers and
Dan Breen, was concluded and the arguments of the attorneys to the
jury were begun. F. A. Cooper, of the counsel for the plaintiff,
made the opening plea at the time of the adjournment of court at 5
o'clock yesterday afternoon. This morning Mr.Ely will resume his
arguments and will be followed by Judge Lenihan, also for the
defense. F. D. Letts will close for the plaintiff and after
receiving the instructions of the court the case will go to the
jury. Yesterday morning the prosecution offered four more witnesses
in rebuttal and at the conclusion the defense placed two witnesses
on the stand in rejoinder. The evidence they gave was quite
interesting.
The 75 Cent Transaction.
Constable Byron Rumsey was the first witness placed upon the stand
in the morning by the plaintiff. He testified that he was the
constable in charge at the inquest over the dead Leonidases, and
that he had gone to the office of the Diamond Jo Line steamers in
this city on the morning after the shooting for the purpose of
removing the baggage of the dead men. He further testified that
when he came to take the effects Captain Osborne, the agent in
charge, demanded 75 cents as fees upon it. He testified that
Coroner Lambach, who was with him, had paid this and the baggage was
removed.
In order to secure the admission of this evidence the prosecution
was obliged to call Captain Osborne to the stand to show that he had
authoridy to collect moneys for the Diamond Jo Line. The captain
testified that he has such authority and stated that the 75 cents
charges were due the porter for checking the baggage, which had the
checks of the company attached.
Mabry on Character.
John T. Mabry, city scavenger, was the next witness. Mr. Mabry
testified that some years ago he met the two Leonidases when they
were in the show business, and that with the balance of a band of
colored musicians to which he belonged he had played in the show and
street parade for some little time. He said that the old man always
treated him very kindly as well as the rest of the employees, and
that his reputation was that of a sober and peaceful man. He said
that when they had concluded working for him the old man gave them a
farewell supper.
Did He Kill a Man.
The next witness on the stand was of rather surprising character to
the defense. He was John McKensie, a Negro well known about this
city and a salon porter by vocation. McKensie testified that in
1896 he was a roustabout on the Tennessee river and worked under Dan
Breen, as mate. The prosecution attempted to show that on that
summer Mate Breen shot and killed a Negro roustabout on the boat,
but upon objections of the defense the answers were not allowed. A
character question, however, brought forth the reply that McKensie
thought that the reputation of Mate Breen at that time was bad.
C. W. Jones, who reported, in shorthand, the proceedings of the
coroner's jury, was placed on the stand and testified that Maurice
Killeen, clerk of the Dubuque, had testified before that he came
down the steps after the first shot was fired and witnessed the rest
of the shooting. In his testimony before the jury in the present
case Killeen testified that he witnessed the whole of the shooting.
At the conclusion of Mr. Jones' examination the prosecution rested
its case.
Never On Tennessee.
In rejoinder the defense placed Mate Breen upon the stand once
more. He testified that he never steamboated on the Tennessee river
in 1896, as testified to by McKensie, nor any other time.
After examining Walter Petersen, clerk of the grand jury at the time
of the inquiry of that body into the Leonidas affair, with regard to
the testimony of Ambulance driver Nagel, the defense also rested.
Mr. Petersen testified that the evidence of Mr. Nagel was taken down
in substance with what Mr. Nagel said.
Arguments Are Started.
Upon motion of the prosecution Judge House ruled that each, the
plaintiff and the defense, have the privileges of addressing the
jury twice only, and it was accordingly fixed that F. A. cooper and
F. D. Letss speak for the prosecution and N. D. Ely and Judge
Lenehan for the defense.
Mr. cooper made the opening address. He laid particular stress upon
alleged discrepancies in the evidence given by different of the
witnesses for the defense, and reviewed all the evidence produced.
He sopke for an hour and 30 minutes. N. D. Ely, for the defense
followed. Mr. Ely represents Dan Brown in the case and spoke
particularly for his client, leaving the Diamond Jo Line out of the
accounting. He began speaking at 3:30 o'clock and had not concluded
when court adjourned at 5 o'clock.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Democrat, April 23, 1903, page 7.
LEONIDAS CASE WILL REACH JURY TONIGHT.
___________
ARGUMENTS WERE IN PROGRESS THROUGHOUT THE DAY.
___________
N. D. Ely Pleads For Dan Breen and Tells the Jury That a Verdict For
the Plaintiff Would Charge Him With Murder.
___________
The suits for damages against the Diamond Jo Line, on behalf of the
estates of the two dead Leonidases, running in this court this week,
are drawing to a close. They reached the argumentative stage
Wednesday afternoon, and there is hope of a verdict by tomorrow.
At 4 o'clock Wednesday evening Attorney N. D. Ely opened for the
defense. He paid particular attention to Dan Breen, the mate of the
Dubuque, whose acts in the shooting of the Leonidases involved the
Diamond Jo people in the present $15,000 damage suit. Mr. Ely
defended Mr. Breen before the coroner's jury, and there secured a
verdict of exoneration. He grew eloquent today in praise of the
mate's character and his long years of service on the river.
"Those lines on his face," said the attorney, "are lines of care."
He has a wife and family at Dubuque. Several months ago he lost his
8-year-old child, and the mother is half distracted over the result
of this trial. I am here to defend Dan Breen of the charge of
murder, because if you find one dollar of against the Diamond Jo
line you fail to justify the act of the mate; and damages if that
isn't justified he is a murderer."
Mr. Ely this forenoon talked until 10:15 o'clock. He dwelt on the
shiftlessness of the Leonidases and the citizenship of Breen in a
telling manner.
When he ceased his argument the court took a brief recess, and at
10:30 Judge Linehan began his summing up of the evidence which was
not completed at the hour of the noon adjournment.
By arrangement Wm M. Chamberlin will not present an argument. Judge
House suggested that, in view of the plaintiff having but two
arguments, that of F. A. Cooper, and F. Dickinson Letts, it would be
fair for the defense to confine itself to only two speeches. This
was agreed to. N. D. Ely as the attorney of Mr. Breen, and Judge
Lenehan, as senior counsel of the defense, was therefore selected
for that duty.
At 2 o'clock this afternoon Judge Linehan resumed his arguments. He
will be followed by Attorney F. Dickinson Letts for the plaintiff,
who will probably consume the remainder of the afternoon.
Judge Linehan is a pleasing speaker, and his summing of the evidence
was masterly. Mr. Letts promises something interesting in his
maiden speech before a jury, and the court room is crowded to hear
it.
The Instructions.
From a perusal of the instructions, or charge to the jury, which
Judge House has prepared, The Democrat gathers that he will instruct
the panel to report a verdict for the plaintiff unless self-defense
isn't proven, not beyond a reasonable doubt, but by a preponderance
of the testimony and evidence. The instructions, under the evidence
submitted, seem to favor the defense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport times, April 23, 1903, page 8
JURY MAY GET CASE TONIGHT
__________
CLOSING ARGUMENTS BEING MADE IN LEONIDAS CASE
__________
Attorney Letts
is Now Before the Jury--Judge's Instructions--Jury Departs
________
From present outlook the Leonidas case will get to the jury before
court adjourns this evening. Attorney Letts who is delivering the
closing argument for the plaintiff, is at present well along in his
talk and bids fair to conclude his remarks today.
Attorney Ely for the defense followed Attorney Frank Cooper and
concluded his talk this morning. He was followed by Judge Lenehan,
who finished this afternoon, and then the closing arguments was
begun.
The question which is being argued by the two sides is as to whether
or not the act of Mate Breen was justified, or common murder. The
defense base their arguments on the first topic and claim that he
was given necessary provocation for the act, while the plaintiff's
attorneys say that the Leonidas men uttered no threats and in no way
did they give sufficient cause for their murder.
In the course of his argument Attorney Ely said that if the jury
brought in a verdict of $1 against Breen they would brand his act as
common murder and that fact would prove that it was not done in
self-defense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Democrat, April 24, 1903, page 5.
IN THE HANDS OF THE JURY
___________
Leonidas Case Got Past the Arguments This Forenoon.
The Leonidas case went to the jury about 11 o'clock this morning.
The argument of Attorney F. Dickinson Letts for the plaintiff did
not close for the estate and the Leonidases before that hour. He
took up his argument at 4 o'clock Thursday afternoon.
The judge read his instructions about 10:40 o'clock and at noon the
jury which will deliberate upon the verdict went to dinner. It is
not probable that a verdict will be reached before late this
afternoon, and likely not until during the night.
Mr. Letts in his argument laid particular stress upon the fact that
a public carrier must look after its recognized passengers, and
preserve them from hurt, and he endeavored to connect this fact with
the Diamond Jo steamers and his two clients, the Leonidases.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Davenport Republican, Friday, April 24, 1903, page 7
ARGUMENTS IN LEONIDAS CASE TAKE DAY
___________
Case Will Not Get to the Jury Before This Noon at the Earliest.
___________
Judge's instructions
As soon as arguments are finished the charge of Judge House to the
jury will be read and the jury will retire to it deliberations. It
is understood that the weight of the Judge's instructions will rest
upon the assertion contained therein that the burden of proof rests
upon the defense to prove to the jury that the shooting of the elder
Leonidas was an act of self-defense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Times, Friday, April 25, 1903, page 9
LEONIDAS CASE IN HANDS OF JURY
____________
JURY WENT OUT AT 11 O'CLOCK THIS MORNING
____________
At a Late Hour
Had Returned no Verdict--Court Adjourned Until Tuesday
____________
After the jury had received short instructions from Judge House,
they retired to the jury room to decide upon a verdict. The jury
received the case at exactly 11 o'clock this morning and at a late
hour this afternoon had not reported.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Davenport Republican, Saturday, April 25, 1903, page 8
SHOOTING IS JUSTIFIED
__________
JURY IN
LEONIDAS CASE RETURNS VERDICT FOR DEFENSE
__________
Shooting of Elder Leonidas By Mate Dan Breen of the Diamond Jo Line
Is Justified by Jury in the District Court Who After Six Hours'
Deliberation Find For the Defense.
__________
After deliberating six hours over the evidence offered in the case
of P. W. McManus, administrator of the estate of Christopher
Leonidas, deceased, vs. the Diamond Jo line steamers and Dan Breen,
the jury in the case at 5:30 o'clock yesterday afternoon returned a
verdict for the defendant, assessing the costs of the case upon the
plaintiff.
F. D. Letts, for the plaintiff, concluded his arguments shortly
before 11 o'clock yesterday morning, and Judge House delivered his
instructions to the jury immediately following. They were brief and
conclusive, the whole hinging upon the clause in his charge which
said that it was incumbent upon the defendants to prove that the
shooting of Christopher Leonidas by Mate Dan Breen of the Diamond Jo
liner Dubuque was an act of self-defense.
Almost immediately after retiring to their deliberations the jury
was taken to dinner and upon returning they commenced balloting for
a verdict. It is understood that a large number of ballots were
necessary before a verdict was arrived at. The nature of the
verdict is such as to legally relieve Mate Dan Breen of any guilt in
the killing of the elder Leonidas on July 10th, 1902, as it shows
that in the opinion of the jury the act was one of self-defense.
There was a great deal of conflicting testimony in the case to be
shifted down.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Times, dated April 25, 1903, page 3.
PLAINTIFF WILL ASK NEW TRIAL
__________
ATTORNEY LETTS ANNOUNCES INTENTION TODAY
___________
Attorney Letts announced this morning that he would most assuredly
ask for a new trial of the Leonidas case and that the verdict of the
jury for the defense was not final with him. He said that the plea
would not doubt be made Monday. As to what grounds the plea for a
new trial would be based on he was not prepared to say and said that
that would not be decided upon for some time.
The verdict of the jury has caused a sea of comment to pass around
the city this morning and it is the topic of much discussion. The
sentiment seems to be divided and while many are saying that in
their opinion the plaintiff should have received the verdict, others
are satisfied with the finding and say that they were confident such
would be the decision of the jurors.
At exactly 5:30 o'clock Friday evening the petit jury walked into
the court room and Foreman John McDonald announced that they had a
verdict in the Leonidas case. The verdict was in favor of the
defendants, the Diamond Jo steamship line and Dan Breen, and held
that the affair was justifiable homicide and assessed the costs
against the plaintiff.
There were very few persons in the court room at the time, and with
the exception of the bailiff and one or two attorneys, the foreman
talked to empty seats.
It took exactly five and one-half hours for the men to reach an
agreement, and during this time they cast just 10 ballots. The
first poll was taken shortly after they entered the jury room. At
that time the vote stood 8 to 4. They were then taken to dinner and
after their return took nine additional ballots. The men who had
stood for a judgment at first were won over to the other side in a
gradual way and it took nine ballots to secure the six men who had
stood for a judgment at the start.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Democrat, April 26, 1903, page 6.
LEONIDAS JURY FOUND VERDICT FOR THE DEFENSE.
_________
DELIBERATED IT'S VERDICT FOR SIX HOURS ON FRIDAY.
_________
Finding
Exonerated Mate Dan Breen of Murder in So Far As the Killing of the
Elder Leonidas is Concerned--Finale of the Cause Celebre.
The cause celebre, P. W. McManus, administrator of the estate of
Christopher Leonidas vs the Diamond Jo Line company, wherein damages
in the sum of $15,000 for alleged unlawful killing were asked for,
came to an end at 5:30 o'clock Friday afternoon, when the jury
reported a verdict for the defendant.
The arguments in the case were concluded shortly before 11 o'clock
Friday forenoon after which Judge House instructed the jury,
concluding as 11:30 o'clock. Six hours later, during which time the
panel had dinner, the verdict was reached.
John McDonald was foreman for the panel. Ten ballots were taken
before a decision was reached. The first stood six for the
plaintiff and six for the defense. The jury then went to dinner,
and after nine more ballots the 12 men had their verdict.
The case opened on Tuesday afternoon of the week before last, and
was stubbornly fought on both sides. The plaintiff, ably championed
by F. A. Cooper and Letts & McGee, pleaded negligence on the part of
the Diamond Jo line in not giving the Leonidases safe conduct,
according to the tickets which they had purchased from Rock Island
to McGregor, Ia., and alleged that the act of the mate was
unjustifiable.
The defense, represented by Messrs. Hurd, Lenihan & Kiesel of
Dubuque and Wm M. Chamberlin, for the Diamond Jo line, and Ely &
Bush for Dan Breen, who did the shooting argued that the act of the
mate was justifiable and that the Leonidases brought their doom upon
themselves because they sought to terrorize the crew, and assert and
arrogate to themselves the control of the steamboat on which they
were mere passengers.
The arguments were opened Wednesday afternoon. Attorney Frank A.
Cooper began for the state and made a plea to the jury which
deserves much compliment. He was followed by N. D. Ely, Dan Breen's
particular attorney and the man who defended him and secured his
exoneration, for the defense. His plea was pathetic.
Judge Lenihan followed him in a characteristic speech which was
particularly in defense of the Diamond Jo line. He argued that the
Leonidases, by their actions, conduct, and terrorizing of the crew,
forfeited their rights as passengers, and in his eloquent summoning
up of the evidence showed that the mate was acting in pure self
defense and therefore was justified in the killing. His argument
doubtless impressed the jury, as shown by the verdict.
F. Dickinson Letts closed for the plaintiff and made a speech which
was marked with fine diction and able argument. He sought to show
that the mate exceeded his authority and that therefore the Diamond
Jo line was liable for damages to the estate.
More May Follow.
The plaintiff will fine a motion for a rehearing, and if this is
denied the matter will be appealed to the Supreme court, to which
tribunal it will be carried in any event.
There still remains to be tried the case of P. W. McManus
administrator of the estate of Ellsworth Leonidas, the younger man,
vs. the Diamond Jo Line. This is a case wherein $15,000 in damages
is also asked for.
The witnesses will doubtless be the same as in the trial just
concluded, with the possible additional evidence of a man named
Cleary from Burlington whose testimony will corroborate that of
student Rydquist in reference to the shooting.
In the case just ended the court ruled out all spoken words of the
younger Leonidas as being immaterial, and in the second suit this
will be admitted, and may possibly affect the result of the trial.
It is not known whether the second case will be called for trial
during the present term of court.
___________________
There seems to be general surprise that a verdict was reached. Most
people, it appears, expected that the jury would fail to reach a
verdict.
this expectation was based on the fact that there is so vast a
divergence of opinion regarding the course a person may properly
take when confronted by circumstances such as those in which Dan
Breen was placed on the 10th day of last July. Here there is a man
who regards Mr. Breen as having acted hastily, but the next man you
met asks how long a man is expected to stand inactive when another
is threatening his life with a deadly weapon, and insist that if
Breen wanted to save his life he had to act in haste. There was not
a second to be lost. One man says that the two dead men were only a
couple of harmless cheap medicine fakirs, and windy bluffers, who
might make a great show of their artillery, but who never had the
slightest intention of making their threats good. The next man
points to such terrors as Bill, The Kid, the famed terror of
Arizonia, who was always regarded as harmless in just that way till
one day he made the very sort of bluff that the Leonidases were
making, and was forced to make it good, whereupon he entered upon a
career of crime and bloodshed with few parallels in this country.
Says the man who takes this side of the argument, "you never can
tell when the man who is showing a gun may take a notion to use it.
If you want to be safe with him when he is threatening your life you
will manage to shoot first, and straight."
There is a large disposition on the part of the average citizen, not
versed in the law to believe that our criminal code is more severe
on the man who shoots or cuts in defense of his life than it is on
the man who makes a murderous assault. Naturally there is
opposition to this view by persons who think that there is too great
a disposition on the part of many men to resent insults, to take
offense, and to fly to arms, when a soft answer on their part might
turn away the rising wrath. Between these extremes there are all
shades and variegation of honest opinion. There was reason to
expect a hung jury.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Daily Leader, Sunday, April 26, 1903, page 6.
MUST
ANSWER FOR YOUNGER LEONIDAS
____________
DECISION OF THE JURY WILL NOT AFFECT THE OTHER CASE.
_____________
Verdict was Returned for the Defendant After the Jury Had Been
Out Over Five Hours.
______________
The jury in the Leonidas case returned a verdict in favor of the
defendant Friday evening. The verdict was returned at five o'clock
after the jury had been in session six hours.
The decision in this case does not affect the damage suit to recover
for the son however and the attorneys for the plaintiff have stated
that this will be tried in the September court unless something
happens to stop the procedure of the law. The attorneys figure that
they have a much stronger case in that of the son than they did in
the one of the father and they are confident that they will win out
in the matter.
A motion for a new trial will also be filed in the case that was
decided Friday and the attorneys are confident that this will be
granted. The motion will be based on the allegation that one of the
attorneys for the defense introduced remarks about a traveling man
that was to be used by the plaintiff and wanting to know why he was
not present when as a matter of fact the attorneys say that no such
person existed. It is also claimed that there were other
irregularities that will be basis for a new trial. The motion for a
new trial will be filed the first of the week and will be argued at
this term of court.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Daily Leader, Tuesday, April 28, 1903, page 5
STEAMER DUBUQUE AT LOCAL PORT
_____________
Arrived Shortly Before Noon Upon Her First Trip of the
Season--Mate Dan Breen on Deck.
_____________
The steamer Dubuque arrived at the Davenport levee shortly before
noon today, on her way to St. Louis, after coming out of her winter
quarters at Dubuque. The arrival at the port of the Davenport levee
was the opening of the Diamond Jo season here and Captain James
Osborne is correspondingly happy.
The Dubuque obtained a fair passenger list and a better freight
list, for the initial trip of the season. A conspicuous figure
observed upon the boat's deck was Mate Dan Breen, who last summer
shot the two Leonidas' while in midstream opposite the Davenport
levee.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Daily Leader, Tuesday, April 28, 1903, page 5
LEONIDAS' CASE WITNESS DIES
____________
COLORED PORTER WHO COLLAPSED DURING THE TRIAL.
____________
John Flechtmann Died at 2 O'Clock this Afternoon at St. Luke's
Hospital--Had Consumption.
____________
John Flectmann, the colored porter of the steamer Dubuque of the
Diamond Jo line, who collapsed in the court room during the recent
trial of the Leonidas case and was taken to St. Luke's Hospital,
died at that institution at 2 o'clock this afternoon, having never
recovered from the shock that he received while in the witness chair
being subjected to a cross examination.
The deceased was thirty years of age, being a resident of St. Louis
and had worked upon the Diamond Jo boats for a number of years.
When brought to Davenport to testify at the late trial, Flectmann
was far from being a well person. The excitement of the trial proved
too much for his weakened condition and he was taken from the court
direct to the hospital where he now lies a corpse. He was a victim
of consumption.
The superintendent of the Diamond Jo furnished bonds last night. In
regard to the disposition of the remains and it is probable they
will be shipped to St. Louis for interment.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Democrat, April 28, 1903, page 5.
OBITUARY.
________
Selectman.
At St. Luke's hospital, at 2 o'clock this afternoon John Selectman
died. He was a colored man, about 30 years of age, and for some
time in the employ of the Diamond Jo line. He is the unfortunate
man who was sent here as a witness for the Diamond Jo line company
in the recent trial of the Leonidas case, and who was so ill when he
came that he was unfit to go on the stand, and who was taken from
the court room to the hospital, which he did not live long enough to
leave. The poor fellow never knew how he had been slandered by the
publication in a Davenport paper of the insinuation that his
breakdown on the stand was due to his inability to stand up under a
burden of perjured testimony. Agent James Osborne of the Diamond Jo
line has advised the company of Selectman's death, and his remains
will probably be forwarded to St. Louis.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Democrat, dated April 28, 1903, page 7
NEW
TRIAL ASKED FOR IN LEONIDAS CASE
_____________
MISCONDUCT CHARGED FOR DEFENSE
_________
Judge Accused of Being Absent from the Court Room During the
Arguments--Leonidas Case Cost the County $900 in Settlement of
Costs
_____________
The case of P. W. McManus, administrator of the estate of
Christopher Leonidas vs. The Diamond Jo line, has been settled so
far as the jury is concerned.
Today it was made a matter for the court to decide whether or not
there shall be a re-trial upon the representations made by F. A.
cooper and Letts & McGee, in their motion for a new trial filed with
the clerk this morning. The motion alleges misconduct on the part
of Judge Lenihan and W. M. Chamberlin for the defense, and Judge
House, for his absence from the court room during the arguments, as
also false testimony given by M. M. Killeen and Dan Breen, together
with an alleged expression of an opinion on the part of one of the
jurors.
Text of the Motion.
A portion of the text of the motion for a new trial, containing the
allegations of misconduct is as follows:
1. For misconduct of the prevailing party in this; that D. J.
Lenihan, one of the counsel for the defendant Diamond Jo line,
during his argument made the statement to the jury that the
plaintiff had had a traveling man here in the city at the time of
the trial, who was present on the steamer Dubuque at the time of the
shooting, and that the plaintiff was afraid and dare not place said
traveling man on the stand to testify and further, that said Lenihan
in his argument, challenged the counsel for the plaintiff to take
the stand to be sworn and deny his assertion, if he dared. That the
exact words used by Lenihan are not known to this plaintiff, but
were in substance as above stated. That said remarks were entirely
outside of the evidence. That there is no evidence to sustain the
said allegations of said Lenihan, and that said conduct and language
of said Lenihan was gross misconduct and abuse of discretion and
prejudicial by which plaintiff was prevented from having a fair
trial.
2. For misconduct of W. M. Chamberlin, one of the counsel for the
defendant, in that contrary to the rulings of the court, denying
said Chamberlin the right to address the jury, said Chamberlin did,
knowing the same to be untrue, in the absence of the presiding
judge, during the argument of F. D. Letts, one of the counsel for
the plaintiff, remark and announce to the jury that they, the
defendants, had secured information from the Iowa Steam, Heating
and Plumbing company, regarding the traveling man, and that he had
been here in the city and was brought here by this plaintiff, and
although in the city at the time of trial, this plaintiff was afraid
and dared not place said traveling man on the stand to testify, etc.
***That said Chamberlin at this time told Mr. Bush, who was about to
call the court, that it was not necessary to call the court. Acting
on said suggestion, said Bush neglected to so call the court.***
3. For misconduct of the court in this, that the court was not
present at the time of argument of F. D. Letts and that during said
time of the misconduct of the defense the absence of the court
occurred.***
6. For misconduct on the part of D. Lenihan, one of the counsel for
the defendant, the Diamond Jo line, in this, that during his
argument said Lenihan, referring to the witness McKensie, stated to
the jury that the plaintiff had been compelled to scour the county
jail for their witness.
7. That false testimony was given on the part of the defense by one
M. M. Killeen, in substance and to the effect that he stated while
on the witness stand that he was present at the time of the
shooting, and before the shooting occurred., and that Dan Breen did
the shooting with his left hand, while said Killeen has before and
since sworn on oath that he was not present until after the first
shot was fired.
8. That false testimony was also given by Dan Breen, one of the
defendants, to the effect that he shot with the revolver in hiss
left hand, which is not true, and H. E. Stock, A. G. E. Ryquist,
and Charles Cleary will testify that Dan Breen used his right hand.
9. That one of the jurors expressed an opinion and stated before the
case was submitted to said jury that he would remain out one week
before a verdict would be brought in against Diamond Jo Line
steamers.
The cost of the recent Leonidas trial to Scott County, which in the
absence of wealth to the estate, will have to settle the bills, will
approximate $900 if not $1,000.
The trial of the administrator of the estate of Ellsworth Leonidas
the younger man, will next be called. This case will cost fully as
much as the one just disposed of. Were Dan Breen to be tried under
an indictment, there could scarcely be a conviction, and the county
would be involved nearly $7,000 in the trial of the case.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Davenport Weekly Leader, Friday, May 1, 1903, page 2.
MOTION CAUSES BIG SENSATION
_____________
NEW TRIAL ASKED FOR IN THE LEONIDAS CASE.
____________
In the Statement Filed it is charged That the Attorneys Were Guilty
of Misconduct as Was Also the Court.
___________
A motion for a new trial was filed in the Leonidas case last night
in which some sensational charges are made.
In the statements made, it is charged that the attorneys were guilty
of misconduct in several instances and it also states that the court
misconducted itself in that it was absent at the time the
controversies were going on and therefore not able to rule on the
questions itself.
The statement is also made that one of the jurors had expressed an
opinion and had made the statement to the effect that the Steamer
company was to have a verdict if the jury was to staid out for a
week. Judge Lenihan is taken to task first and the motion states
that a motion for a new trial should be granted for misconduct of
the prevailing party in this, that D. J. Lenihan, one of the counsel
for the defendant, Diamond Jo Steamers, during his argument made the
statement to the jury that this plaintiff had a traveling man here
in the city at the time of trial, who was present on the steamer
Dubuque at the time of the shooting and that the plaintiff was
afraid and dared not place said traveling man on the stand to
testify and further that said Lenihan in his argument challenged the
counsel for the plaintiff to take the stand to be sworn and deny his
assertion if they dared.
Attorneys for the plaintiff deny that there was any evidence to
sustain this assertion and claim that it was a gross misconduct on
the part of Lenihan.
It is also claimed that W. M. Chamberlin, one of the attorneys for
the defendant, after the court had denied him the right to address
the jury, did in the absence of the judge and during the argument of
Mr. Letts, state to the jury that information had been received from
the Iowa Steam Heating and Plumbing company regarding the traveling
man and that he had been here in the city and was brought here by
the attorneys for the plaintiff, but though he was in the city at
the time of the trial the plaintiff was afraid and dared not place
him on the stand to testify. It is also states that Mr. Chamberlin
to Mr. Bush who was about to call the judge that it was not
necessary and acting on this suggestion it was not done.
The court is also charged with misconduct in that it was absent
during arguments of Mr. Letts and during the time the statements
alleged above were made by attorneys for the defendants.
Mr. Lenihan is also charged with misconduct in that he stated when
McKensie testified that the plaintiff had been obliged to scour the
county jails for witnesses.
It is also stated that M. M. Killeen gave false testimony in that he
was present at the time of the shooting while he has stated before
and after that he was not.
It is stated that there was an error in that Dan Breen testified
that he shot with his left hand while H. E. Stoek, A. G. E.
Rydequist and Chas. Crevy stated that he shot with his right hand.
The last reason stated is that one of the jurors had an opinion and
had made the statement that he would hold the jury a week before he
would bring in a verdict against the Steamer company. |
