St. Paul daily globe., 1890-12-18
HORTON HAS HIS SAY.
Judge Kelly Once More Pays
His Respects to Ladies
in Court,
And Comes Into Collision
With the Tall Pine Upon a
Technical Point.
Horton Given an Opportunity
to Raise the Cloud Over
hanging Him.
He Favorably Aequits Him
He Favorably Acquits Him.
self, but Has Yet to Face
Mr.. Mum.

promptly au 1U yesterday morning, ana
the crowds of spectators, who have
day after day struggled to obtain en-
trance to the court room, went through
the usual performance. During the
morning Mr.. Erwin and Judge Kelly
had legal tilt which broke the monot-
ony OF the proceedings, but it was re-
served for the afternoon session to pro-
duce the first sensation of the trial,
when the defendant went upon the
stand and testified in his own behalf.
He told straightforward story of his
lite, never faltering for second to an
swer any of the questions put to him
by Mr.. Erwin, on whom he kept his
eyes constantly fixed. On few occa-
sions he made a number of suggestions
to his attorney, especially when the
letters and kilograms sent to Mrs. Hor-
ton were put in evidence.
When court was opened in the morn
ing, Capt. Edwin Bell, whose evidence
was not concluded the previous day, was
put on the stand, and, in answer TO
questions from Mr.. Erwin, said that
woman could not stand in the current at
the end of the dam III four feet of
water. 1t was very hard to locate a
point on the river at night, unless one
was we'll acquainted with the land
marks. Cross examined by Mr.. Mum,
he said he had visited the place where
Mrs. Horton was drowned three times
during the last three years, but was
well acquainted with the various pc
culiarties of the river at that spot. He
was positive that the boat ought to have
twice as much flare" as it
possessed in order to render it
safe. A man, perhaps, who
was strong could stand in four feet of
water in current, but he was sdre a
woman would be swept off her feet.
MIR. Erwin turned the boat bottom up
wards, and Capt. Bell explained to the
jury the points in whic he considered it
was dangerous, and how, in his opinion,
boat should be built so that it would
not be liable to capsize.
Heard Screams.
Carl Anderson, who last August rent
ed confectionery store iu South St.
Paul, was the next witness. He accom-
panied Nj. Erwin last August when he
made an examination of the river where
Mrs. Horton was drowned. The pole
they Used showed that the water varied
in depth from four and half feet to
six and halt feet at the end of the
wing dam.
Walter Burke. q farmer of South st.
Paul, corroborated the last witness as to
the tests.
James Kelly, bOilermaker at the
Kansas City shops, South st. Paul, tes-
titled that on the night Mrs. Horton
was drowned he was swimming with
some friends In the river. About they
heard some screams and then shouts OH
the bank. They thought it was a wild
| cat and took no notice. When he went
home to South st. Paul he met Horton
and another man, who had a lantern.
| He heard Horton say that his wife and
| child had been drowned. Horton was
| without a coat and shoes, and was
| wet and Shiyering, and drank some
whisky. Horton fold him that they had
searched for the bodies, but could not
| find them. After Horton took the mo-
| tor for st. Paul witness went with some
| men to search the river, but could not
find the boat or bodies.
Doctors Evidence.
When DR.. G. o. Paquin, of Little
| Fails, was called there was rustic of
excitement in court. He testified that
| he met Horton in 1884 and his wife in
| 1856. Horton came to him in that year
| and said his wife was sick and asked him
what was the trouble. He told him
| that Mrs. Horton could best tell him.
| Later Horton wrote him letter which
he answered and received a second
| letter from the defendant. He had
searched for Horizons letters but could
| not find them. Mr.. Erwin asked for
the coutents of the letters, but Mr..
| Mum objected unless it were under
stood that Horton went on the stand.
Mr. Erwin-Of course he will go on the stand
| when the time comes.
Judge Kelly here interposed and in forci-
| bic language said This evidence to be
| given is is shocking, to say the least. Here is
a physician about to testify to confidential
| relations of a professional nature with a
| patient His liDs are closed by the statutes,
and it surprises me why any lady should
| desire to remain here"
| The learned judge directed his remarks to
| the ladies' gallery, but did not phase them in
! the least. Not stir was made by any of the
I crowd, who craned their necks forward,
| eager to catch any spicy evidence. Mr.
| Erwin was on his feet IN an instant when
| Judge Kelly closed his remarks, and forcibly
said: mo, sir, the lips of this witness are
not closed by law
| ''1he court knows interposed Judge
Kelly.
.'1hat only applies to civil cases. re-
| sponded the Tall Pine in his loudest tones,
''and right here want to enter an objection
to the language of the court in referring to
| this Witness and further want to call your
honor's attention to a recent decision in a
| case whereas q mans personal effects were
| seized by an officer without due process of
| law and searched for certain documents and
the court ruled that the seizure could be
| waived with the understanding that the evil
| dence searched for should be received in
| COURT
DR.. Paquin then proceeded with his
evidence, and stated that in his letter
to Horton he informed him that Mrs.
| Horton had told him that her brother
l toxr l. 20 T.
| and stayed at the house all night. and
that she had had intercourse with him
| and was afraid she had contracted a
disease. Later in the year he met Hor-
ton and told him of the admissions Mrs.
Horton had made. Horton replied that
he could not live with his wife under
those circumstances, but he would SUD-
port her.
Mum subjected the doctor to rigid
crOsS-eXaminatiOn, which evidently
made witness feel uncomfortable. He
admitted that he frequently changed
his location, but denied that he run
himself out" of any city.
At the close of witness examination
court adjourned until 2.
Worked on the River.
During the recess Horton was in close
consultation with Mr.. Erwin in the
grand jury room.
The first witness called after lunch
was Edward Poucher, who has but one
leg and walked on crutches. He tool
the stand and testified that he ha6
always lived in st. Paul, and hat
worked on the river for the last eigh
years in catching wood. He had saved
thirteen lives, five since he had lost hi:
leg, eight years ago.
"Please step down and examine that boat
and tell me If it is safe or dangerous"
Dangerous. 1t is not high enough on thu
sides and is too narrow in the bow"
In his opinion the boat would capSizt
if two persons jumped up suddenly K
save child who had fallen out.
j. j. Howe, of Brainerd, lumber