St. Paul daily globe., 1890-12-21
The Relations of Egelund and
Mrs. Horton Excluded by
the Court.
Attorney Erwin Has a Little
Set To With an Attorney
Witness.
The Case to Go to the Jury,
if Possible, on Monday
Evening.

Deell presented 10 the jury Ill the HOT
ton murder trial, and it now remains
for the respective attorneys to argue the
case and the court to deliver the charge
before the question of life and death
shall be left for the jury to determine.
Assistant County Attorney Mum
will begin presenting the case
to the jury, from the states
standpoint, at o'clock Monday morn
ing; he will conclude before the noon
recess, and w. w. Erwin will make his
plea on behalf of Horton-concluding in
time for the court to charge the jury
Monday evening. Mr.. Mum expected
to spend couple of days with rebut-
ting testimony. but the court ruled out
the showing or testimony that was
offered as rebuttal.
The court room and galleries were
crowded as usual yesterday, and, al
though the evidence was largely re-
view IN character. the audience main
taided an appearance Of intense inter-
est in the hearing.
The able manner in which the respect
i've counsel have conducted the case,
and their noted ability, are guarantees
masterpieces and we'll worth listening
to. When it was learned yesterday
evening that the argument would be
| made Monday, people began to beseigc
the officials who had power to do so,
to give Them tickets of admission ior
that day.
The croSS-eXamination of Horton was
resumed by Mr. Mum when the court
| opened yesterday morning.
Ibid you ever know person by the
name of Eva Schwab, and did you ever
teach school in High Forest?" was Mr..
Munn's first and startling query.
The reply to both questions was en-
phatically, ''No, SIR"
'Where did you teach SCHOOL,"
Il never taught school at ALL"
rs that your handwriting?" asked
Mr.. Mum, as he handed Horton letter
written by him to B. II. Eglund. After
an examination the witness replied in
the affirmative.
The Letter to Eglund.
The letter reads as follows:
What have you to say to the charges made
by Nellie that you had come to our house,
and committed a rape on her during my alb
sence: She says you communicated a GER
tain disease to her, and | want you to ex-
plain. \ ou an experience my feelings in
making this inquiry. You can probably save
time aud trouble II you will go before no
taTy public. and acknowledge the truth of
the charge. Let me hear from you at once.
have waited three years to get starter.
w. F, HORTON, Brainerd, Mimi.
Nov, sir, were you fishing for evi-
dence for divorce at that time?'
II don't know that was"
did you receive reply to this let
ter?"
Il did,"
Where is it?''
Il don't know. 1t was lost like my
| other letters"
The witness stated that he took the
letter from Eglund for what it was
Worth. and that it was worth as much
him to either affirm or deny the charge
for the sake of himself as we'll as his
wife.
What did you mean when you said
in the letter to Eglund. Il have waited
three years for a starter?'''
"Obiected to-" said Mr.. Erwin. After
some hesitation the objection was sus-
tanned by the court.
why did you think that letter of
Eglund's better to have an oath made
to it?''
Il had no particular reason for think
ing so, except that L did not want the
mere word of Eglund."
What business did Miss Van Vie
have you to attend to for her?''
"Nothing but pay dues upon two
shares of building association stock"
Zone more question. Did you make
any attempt to swim the night your
wife was drowned:'
mo, sir; | did not"
Mr.. Erwin drew out the information
that Horton only received one letter
from Eglund, and in that he denied
having improper relations with Horizons
wife.
that's ALL" said Mr.. Erwin.
That's ALL" echoed Mr. Mum.
Horton stepped down from the wit
ness stand that he had occupied for over
two days. and must have felt relieved
after the long and searching examina-
ton III which every ingenuity of MIR.
Mum was exhausted to discredit his
testimony.
George w. Board, general land agent
of the Northern Pacific Railroad COM
| pahy, was called to the stand, and
stated that he had known Horton for
| over two years, and knew his associates
and had an opportunity to observe his
| character, and knew the general
speech" as to his character, and said
that from these facts ne would state
| never heard it called in question.
Frank Vogell, of Brainerd. said he
had known Horton for six years Init
mately. He had quiet, retiring dispo-
| sition, and did not talk much about his
business. His character was good
among his acqualntanceS, and he never
heard ii questioned. In response to a
query by Mr. Mum as to whether he
knew Horizons social life, the witness
replied: Il certainly do"
Maj. A. j. PoStlethw waite, who was
formerly general land agent of the
Northern Pacific, said he knew Horton
since the fall of 1886, and had all oppor-
tunity to judge of Ills character. Horton
had worked under him upon the sur
veying corps. He had secured his ad-
mission to the privileges of the Y. M.
e. A. and the public library. Horton.
he said. was a reticent man and had
borne good character with his fellow
workmen aud those he met when going
through the country Oh the surveying
corps.
''The defendant rests" remarked
Mr.. Erwin, after Maj. Postlethwaite
left the stand.
Some Rebutta..
The first witness called by Mr.. Mum
in rebuttal was DIR. E. II. Cutter, of
Trenpealeau. Wis. He stated that he
had treated Mrs. Horton
For what?" asked Mr.. Mum.
Objected to-" came promptly from
Mir. Erwin.
Munn-He is competent to show that
she had no disease of the character
charged.
Erwin-We never charged disease.
Munn-Do you repudiate it?
nla
state brought it out.
Munn-l don't want to go before this
jury with innuendo.
Erwin-No Innuendo about it. The
state brought it out. We never
charged it.
The witness was then withdrawn
from the stand
). Z. Button, lawyer and notary pub
elic of rempeleap, was next called to the
md