Murder of Peter King, February 1902

The Scranton Republican – February 17, 1902

Horrible Tragedy in Minooka

Constable Michael Davis [of Moosic] Shoots Peter King

Upon his Refusal to Quarrel with Him

Murderer in County Jail

“Peter King, 22, of Minooka, was shot by Michael Davis, 33, in the speakeasy of Patrick Sullivan, in that place, soon after 1 o’clock yesterday, and died a few minutes afterwards.

“The murder was cold blooded and has aroused most bitter feelings in that section. But for the prompt action of special officers who arrived a few moments after the affray. Lynching, it is said, would undoubtedly have been resorted to. Davis is now in the county jail. Sullivan’s speakeasy is but one mile from the city line on Main street, Minooka. The barroom is on the ground floor and at the time of the murder 14 men were present. All evening King had been in the place playing cards, but had not, it is said, taken a drop of liquor.

“From stories told by many eyewitnesses, the murder was precipitated by Davis’ remarks, which revived a feud of long standing. Two months ago, Davis subpoenaed King to appear as a witness in a case wherein Charles Deimuth was arrested on information of George Fassold, charged with selling liquor without a license.

“Davis’s reputation in that locality is bad, and King was a reluctant witness, knowing that Davis had investigated the case indirectly against Deimuth. The hearing was held before Alderman O’Neill of Minooka, and when King finally appeared, he refused to testify against Deimuth. The case was dismissed and the matter dropped.

“Davis, however, boasted of the manner in which he had forced King to accompany him to the alderman’s office. The boast was one of which he was evidently proud, as King is a man of remarkable physique, being 6 feet 3 inches in height and weighing 200 pounds. His strength was something unusual and he could easily have overcome the constable. Hence the proud boast of the latter.

“Saturday night, Davis, accompanied by a fellow officer, Harvey Decker of Moosic, visited this city and made the rounds of the saloons. According to Decker, Davis was not drunk when they left on an 11:40 D&H train for Minooka. Leaving the train, they proceeded to Sullivan’s place after stopping in two speakeasies on the way.”

Looking for Trouble

“Arriving at Sullivan’s place, they stood and chatted with several men in the barroom. King sat to one side quietly playing cards with a few friends.

“That Davis was looking for trouble was soon evident. Spying King, he remarked: ‘There’s that son _ _ ______ I arrested.’ King heard the remark, but made no reply. Advancing nearer, he repeated the sentence, adding other vile epithets.

“I could arrest him again if I had to,” said Davis.

“You or any other man wouldn’t arrest me, Davis, if I didn’t want to be,” said King, provoked at his insolence.

“The men became angrier. King remained in his chair while Davis swung his fist, threatening to attack John Ruane, who was standing at the bar… Sullivan, who stood behind the bar, told Davis to be quiet or he would put him out. This, however, added to the constable’s wrath.

“King, you’re a brute. You son _ _ ______. I could kill you. I’d blow your brains out,” shouted Davis as he placed his hand on his hip pocket. His move was a signal for an advance by the other men who rushed at him. Leaping aside and pulling his gun in a wild-west fashion, he backed to a corner and covered the crowd.

A Desperate Struggle

“King, who sat quietly through the heated discussion, sprang like a cat for Davis’ hand. He was none too quick as Davis fired on the instant, the bullet grazing King’s head and striking the ceiling. Undaunted, King grappled with Davis. The struggle was fierce but brief. Davis, who is a large man, was bent on his knees under the powerful grasp of his antagonist. Again he fired. The bullet missed and striking the iron railing on the bar glanced through the window.

“Disengaging his wrist for an instant, Davis fired, sending the bullet through King’s breast. As the big man clung with a dying grasp, Davis reached over with his other hand, and securing the gun, fired again. The ball entered King’s abdomen. Exhausted, the unfortunate man sank to his knees. As he did, so a fifth shot sent the leaden messenger through his groin.

“A lull followed. The spectators stood paralyzed. Like a fierce beast, Davis stood glaring at his victim. Before they regained their senses, he leaped for the door and had opened it when Sullivan seized him by the coat. It was but an instant before others gave assistance and pinned the murderer to the floor.

“Mr. J. J. Coyne was summoned and Alderman O’Neill was sent for, before whom Davis was arraigned. The magistrate committed him on the charge of murder without a hearing. He was then taken to the county jail.

In A Pool of Blood

“It was evident immediately that King was beyond human aid. His pulse had stopped and blood flowed in streams from his wounds. The first bullet lodged under the left shoulder blade and was visible under the skin. The second bullet could be felt in the back, having lodged in the spine after penetrating the abdomen. The third has not yet been located. Each wound, Coroner Saltry says, would have been sufficient to cause death.

“The murdered man’s body was removed to Thomas Walsh’s house across the street, where he had boarded since he came to the mining regions four years ago. He formerly resided in Pittsburgh and was employed in the Greenwood No. 1 mine. He was a single man and well thought of among the neighbors.

“Davis is a widower with three children. He has been in the neighborhood all his life, and his reputation could be considerably improved. The office of constable was given him several years ago, and he has exercised it, so it is alleged, as a cloak for his lawlessness.

“It is said that he even arrested his own father-in-law, Thomas Coyne of Moosic, and had him fined $13 because he had remarked that he was a ‘sneak.’”

A Swift Charge

“When arrested, Davis remarked: “It served him right; he’s in hell now,” but when imprisoned, he repented and wept bitterly for his children’s sake.

“District Attorney Lewis, County Detective Phillips, and Coroner Saltry all visited the scene yesterday morning. They subpoenaed the following witnesses: Thomas Sullivan, Harvey Decker, Patrick Sullivan, Martin McDonough, John King, Martin King (neither relatives of the deceased), Michael O’Toole of Moosic, Patrick Loftus and Timothy Cotter.

“The coroner empaneled the following jury: Frank Toole, J. J. Coyne, P. J. Lowry, Michael Gibbons, T. F. Coyne, and John St. John.”

Inquest Today

“Coroner Saltry will conduct an autopsy this morning and the inquest will be held at 7:30 o’clock tonight in the grand jury room.

“The revolver was a 38-caliber hammerless revolver of the Iver and Johnson make and had been purchased by Davis on Saturday and was never used by him until the shocking crime was committed. The wounds themselves show that the revolver was held quite close to King’s body as the clothing was burned and blood was found on the muzzle of the gun.

“King was very popular in Minooka, being regarded as a big-hearted, jovial fellow, fond of joking, but never known to be quarrelsome.

“District Attorney Lewis, with County Detective Phillips, made a complete investigation of the crime and the circumstances surrounding it yesterday, being at Minooka for some hours. They have possession of the revolver and the clothing worn by the deceased.

From Oak Hill

“It is a singular fact, according to the story of old Minooka residents, that Oak Hill [Greenwood], where Davis was born and raised, has given to the world a number of men with bad records. One old-timer from that section, they say, has killed seven men. Two are serving 20-year sentences and one has just been released from a 10-year sentence.”

The Scranton Republican – February 18, 1902

Witnesses Differ as to Whether Davis was

Drunk or Sober When He Killed King

“Patrick Sullivan’s father, Thomas Sullivan, said he believed Davis was perfectly sober, though he had been drinking. They had talked of the triennial constable election, a subject which a drunken man couldn’t discuss, said Sullivan.

“The only witness who displayed any sympathy or offered any defense for Davis was Gustave Deitrich. He met Davis when he left the train at 11:40 at the Minooka station. Davis, Decker and himself had visited Judge’s saloon and ordered drinks. Davis didn’t want a drink but finally took a ‘nip,’ which he interpreted as a small whiskey. Daniel Cotter then joined the party and coaxed Davis and the crowd to visit Sullivan’s.”

When Patrick Sullivan was asked if Davis was sober, he replied “Well, he had a little jag on, but wasn’t drunk; at least what I call drunk.”

“Patrick Sullivan was a most satisfactory witness. After the entrance of Davis and Decker, Daniel Cotter sang an Irish ditty. Davis, at its conclusion, approached Decker and clasping his hand, said to the crowd: Here’s as good an Irishman as there is in the house. I’ll back him every time.” Decker is a Yankee.

“Davis then turned and renewed the supposed trouble. ‘Davis,’ said King, ‘you couldn’t take me alone.’

“‘I could take you to hell,’ replied Davis, as he pressed forward. John Ruane attempted to separate the two. King remained seated and pushed Ruane aside. ‘You’re a brute,’ said Davis as he backed to his corner and fired, as told by the first witness. He used the word ‘brute,’ referring to the rough manner in which King pushed Ruane aside…

“Sullivan said that Davis purposely picked up the quarrel, and that King obstinately refused to engage him. ‘I am positive the first shot, which struck in the ceiling, was not fired with intent to kill. I think it was a warning to King, who leaped for Davis’s wrist.’”

* * *

On February 19, 1902, Peter King was buried out of the house of Thomas Walsh. The requiem mass was conducted by Father Canavan. On the same day the Grand Jury returned a true bill against Michael Davis. Jury selection began on June 9, 1902 with Judge H. M. Edwards presiding. Philip and Owen Connolly appeared as character witnesses for Davis.

According to the Scranton Tribune, February 17, 1902, Davis was “works in the mines besides serving as a police officer. His wife died four months ago, leaving three small children. He does not come to be a very intelligent sort of man and not what would be called prepossessing. His face is flared and framed in a heavy shock of curly sandy hair and a similar hued shaggy beard of about a week’s growth.

“King was twenty-two years of age and unmarried. He came from Pittsburgh four years ago. He was a man of remarkably fine physique and said to be of a very amiable disposition. He was never known to quarrel according to his neighbors and was not what would be called a drinking man.”

The Scranton Tribune, February 19, 1902, reported that “Two sisters of the late Peter King, arrived in the city on a D&H train at 1:22 o’clock yesterday from Pittsburgh. They were summoned here by telegraph, but did not know their brother had been murdered until informed by Special Officer Spellman at the D&H passenger station. Spellman placed them in charge of Patrick McCaffrey, who accompanied them to Minooka.

The Scranton Tribune, June 11, 1902

Why Davis Killed King

He Told His Story to the Jury Last Night

“Patrick Sullivan was the first eyewitness called for the commonwealth. He was the proprietor of the saloon where the shooting occurred Sunday morning, Feb. 16. Peter King came into his place on Saturday night about 9 o’clock and stayed there until the time he was shot. Davis entered the place soon after midnight.”

Davis walked over to where King was at the end of the counter and stood next to him. King was alone, but Sullivan was directly behind the counter. The conversation turned to a subpoena on a case where Davis and Decker subpoenaed Peter King and Patrick Scofield as witnesses.

“King told Davis that he acted ungentlemanly in the way he subpoenaed him, and King said: ‘I was going all right, but I wouldn’t go until I wanted, and you couldn’t make me go.’ Davis said, ‘Yes, I could. I could take you through a knot hole.’ Davis added, ‘I could take you to hell.’ Davis didn’t seem to be excited or anything. My father [Thomas Sullivan] called Davis into the other room and I talked to King and told him to drop it and not be foolish, talking such nonsense.’ ‘All right,’ said King, ‘I am only fooling with him.’”

Began to Talk to King

The quarrel resumed in the barroom where the two men exchanged insults. Someone asked Dan Cotter to sing a song. After that, “Davis walked to the back of the bar and King walked over to talk to him. John Ruane walked between them, and King said, ‘You get back,’ and pushed him with his left hand. ‘It is none of your business.’ Ruane had his hat knocked off when he was pushed, and he picked it up and walked away. When Ruane approached Davis, Davis told him to ‘Get back and stay away,’ and reached into his pocket. Davis looked at King and yelled out, ‘King, you are a great big brute,’ and King walked over and said that he wanted to talk to Davis. When he got near him, Davis pulled out a revolver and fired over his head. King reached with his two hands and Davis’s arm dropped down, and from my position I couldn’t see which way the bullets fired. He kept firing, and in probably two seconds, fired the whole five shots.

After the shots were fired, “Michael Toole and my father and Harvey Decker and three or four others jumped and tried to get hold of Davis and pulled  Davis and threw him down on the floor… King never said another word after the first shot was fired.”

Harvey Decker said “he went from Scranton to Minooka on the night of Feb. 15, and when they got off at the station, Davis wanted to go home, but they insisted he should go with them to Judge’s saloon, and reluctantly he went. From there they went to Sullivan’s. After the dispute and Cotter’s song, John King took Peter King by the coat and pulled him away, saying ‘Don’t bother Davis; he’s not doing anything to you.’” After that, Ruane was pushed out of the way. “Davis told King to keep away or he would kill him. Davis fired in the air and King struck him in the forehead and then grabbed him by the throat. Both men pressed downward and then shots were fired.

“John King, who was no relative of the murdered man, said he was in Sullivan’s saloon when Michael Davis and his two companions entered the place.” After the shots were fired, Harvey went for a doctor, and when he returned, King was lying on the floor dead. Harvey admitted that he had been drinking to the point that he was “feeling good.” Decker testified that the day before, he had been with Davis when he purchased a revolver for $5.00.

Martin McDonough testified that he heard five shots. After Daniel Cotter finished his song, he went into the kitchen, and when he returned to the barroom, King was dead. Michael Toole took the revolver out of Davis’s hand. “After the shooting, Davis tried to get out through the door, but was pulled back by Thomas Sullivan and John King.” Court adjourned for supper at 6:30.

“Martin King said he went into Sullivan’s saloon between 12 and 1 o’clock on the morning of February 15. After he heard the first shot fired, he stooped down and did not get up until the shooting was over. He did not see who did it.”

Patrick Martin of River Street said that “King advanced twice on Davis. He did not see Davis make any movement toward King. William Martin, who lives near Sullivans’s place, heard Davis tell King ‘to keep back or I’ll shoot.’ Then Davis fired, and witness ran back into the kitchen where he heard four more shots fired.”

Patrick Loftus testified that “It was Davis who provoked King to approach him, and then shot him without cause as he was doing so.”

John J. Murphy opened the case for the defense and stated that the reason Davis killed King was because “he felt that his life was in danger.  He was being assaulted and driven to the wall and had a right to defend himself.”

Davis testified that he had lived in Moosic for most of his life and that he was a widower with three children. “About 5:30 on the afternoon of Feb. 15, he came to this city with Harvey Decker and went to Blatter’s saloon where they played ten pins and also fired at targets in the shooting gallery. He then went to Parker’s on Spruce street to buy a revolver. He needed one in his capacity as a police officer of Moosic borough. They left the city on the 11:40 D&H train and got off at the Minooka station. They went to Judge’s saloon and from there to Sullivan’s.”

Davis spoke with King who asked, “You haven’t a subpoena, have you?” They then had some words, and Cotter sang. Decker, who was the only one who was not an Irishman, felt out of place. Davis slapped him on the back and said: ‘Never mind, Decker. You are as good as any Irishman in the house.” King regarded the comment as a slur.

A heated exchange led to Davis shooting King.

“Just then the crowd closed in on them and both the witness and King were borne to the ground where the crowd kicked and beat witness and threatened to lynch him until he asked [Moosic Constable] Decker to place him under arrest and protect him.

“On cross-examination, Davis was asked how he could have shot King in the breast if his hand was held down by King as low as he described. Davis could not explain that but insisted that his hand was being held down near his thigh when the last three shots were fired. Defense rested.

The Scranton Tribune – June 13, 1902

Guilty in the Second Degree

Verdict Returned Against Michael Davis

“Murder of the second degree was the verdict returned yesterday morning by the jury before whom Michael Davis was tried… The jury stood as follows: One for murder in the first degree, ten for murder in the second degree and one for manslaughter. Davis was visibly relieved when he heard the verdict for he feared he might be found guilty of the higher degree of murder.

The Scranton Republican

Long Term for Davis

Eighteen Years in the Penitentiary

Judge Edwards Imposes the Maximum Penalty, Minus Two Years, on the Slayer of Peter King and Scores Him, Besides, for Evincing No Concern about his Crime

Eighteen years at solitary confinement and hard labor in the Eastern penitentiary is the sentence imposed by Judge Edwards, Saturday, on Michael Davis, the Moosic public officer, who was convicted of second degree murder of Peter King in a Minooka saloon.

In passing sentence, Judge Edwards said: “We feel pained to find a man in the position of being a defendant in the case and convicted of murder in the second degree. I do not know whether you have any sorrow in your heart because you have taken the life of your fellow-man. There has been no indication in the case from the beginning to the end that you express any penitence or that you feel any penitence on account of the condition in which you find yourself a defendant in a case of this nature. The jury, in my opinion, rendered a merciful verdict that a jury could possibly render under the evidence. If they had found you guilty of murder of the first degree, we would not be disposed to disturb the verdict unless an error was shown in the submission of the case by the court to the jury. I came very near taking your plea of self-defense away from the jury because, I say now, in my judgment, that there was no substantial basis for that defense. At no time were you in danger of bodily harm of the very slightest kind, and for that reason, I consider the verdict merciful, and I am willing to say that if I had been on the jury, I probably would have given you the benefit of the doubt on premeditation and deliberation, and for that reason, I approve of the verdict of the jury. You produced evidence of good reputation; the evidence was of the substantial kind, and I think you established a good reputation beyond any question. That good reputation will take away some portion of the sentence that will be imposed upon you.”

Twenty years is the maximum penalty. Under the new commutation act, Davis can through good behavior, shorten his term to about fourteen years. Davis was taken to the penitentiary Saturday afternoon.