St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-23
HE Is GUILTY.
at Least So Argues the Acting
County Attorney.


Mr.. Mum commenced his closing
argument by commenting on the duties
of the jury.
It had. he proceeded, been long case and
an important one. He had endeavored to get
at the real facts connected with the unfort-
innate affair before them for their informa-
ton and guidance. He maintained that
there never was but one theory in the case.
The final determination of the fate of Horton
should be no concern of the jury. The
punishment was in the hands of the court,
and the jury should divest themselves as far
as possible from the feeling of responsibility.
In analyzing the testimony the test nf
common sense and reason should be applied.
The fact that the defendants story tailed
with the opening speech of his attorney as
TO details indicated that the story was studied
under the lead of an attorney until it became
part of himself.
He then discussed the weight to be given
circumstantial evidence. classifying the evil
dence around three points, namely:
Firstz=Horton had all abiding desire, since
1888. 10 rid himself of his wife.
Second-From January up to and includ-
inf August of the present year, that desire
had been augmented by his association with
Miss Van Vie.
Third-Horton did rid himself of his wife
by drowning as alleged in the Indictment
Mr. Mum remarked that the prisoner had
charged Mrs. Horton with being untrue to
him.
I'LL
asserted that the defense made no such
charge.
Mr.. Mum insisted that the defense started
ont with that theory. and abandoned it. and
read extracts from The testimony to prove
the claim. He commented on the evidence
OF DIR. Parquin in caustie terms, prouounc-
ing the story of the unfaithfulneSS by the
wife as being fabricated The objection to
the testimony OF Dr. utter, who treated Mrs.
Horton, and who knew whether the charge
SIS TO contracting disease was true, showed
that the defense were unwilling to let the
truth come out. Mr.. Mum claimed that
after consultation with Hitler II. Horton,
the defendant found he could not be di-
Forced from his wife, and he then deter
mined upon getting rid of her by other
means. The correspondence and kilograms
were commented upon as showing a well
lad purpose to c. rfy out pl. n to get rid of
his Wife-first. ty divorce and lastly to get
her to ST. Paul. where he could have her
within his reach to carry out his design.
AS to the claim of Horton that a reconcilia-
zion. was sought for. Mr.. Mum said 'sif he had
conceived the idea of reconciliation, why in
the name of heaven did he try to get the mat
ter through in 4 week? Under such circum-
stances
A Man Would First
have provided home Proceeding:
This brings US down to the relations with
Miss Van We. Il is not necessary for me to
charge adultery between these two persons:
you draw your own conclusions; claim they
were lovers. 1t is unnecessary to charge
more. If we put Miss Van VIE on the stand
we would have been bound by her statements
and we could not have used the letter We
preferred to have the letter.
Mr.. Erwin objected to counsel stating that
Miss Van Vie had made declarations out of
court which she did not dare confront in
court. and the court said ii that referred to
the letter it was proper. Mr.. Erwin said if it
referred to the letter he had no objection
MIR. Mum stated that he referred to the
letter.
Mr. Mum proceeded to read and comment
upon the Van VIE letter, when some one in
the audience showed some levity. Mr. Mum
said:
Please the court, this is not for the amuse-
ment of the audience
Judge Kelly-No; this is a very serious
matter.
After further argument on the relations of
Miss Van Vie to the defendant court took a
recess until p. m.
At the opening of the afternoon session
Mr. MUM resumed his argument with the
statement that Horton did not intend TO have
wife with him more than week lie
hrged upon the evidences in detail as to
me drowning-the clothes OF the defendant,
and his actions about the time of the drown
ing. He continued:
| don't believe the child was ever drowned.
Where is that coat? Ii was very convenient
thing TO wrap over that child and carry it
away. If it was ever drowned, Horton in
tended to save the child and tailed TO do so.
Do you believe that that woman was
drowned without more than one person max
ing an cutlery? II is not reasonable. The
cries heard were those Mrs Horton made
when she found that she was eutrapped by
the man who had wanted for the past four
years 10 get rid of her.
say that this woman was never drowned
as this man says she was
Counsel SAYS: Does the body show any
Violencer' ask if the arm that was around
his neck, and which he used so much effort.
as the defendant claims, 10 release from his
neck, show any bruises? Does that collar
show any evidence of the struggle about the
neck? If Mr.. Horton went through what he
says he did on that night he could have stood
on that bar without coughing, and could