The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-06

At o'clock p. m. Saturday the TAX
ing of testimony i'm the Van Horn mur-
der trial was concluded and adjourn
ment made until today, when argu-
ments will De heard and the case sub
mittcd to the jury.
Saturdays proceedings took place in
court room No. behind closed doors.
BY Judge Archbalds directions no one
except those directly engaged in the
case ana witnesses were allowed to at
tend. a couple of tipstavcs We're rlac-
ed at the door on the outside, to keep
the crowd moving, the door was locked
from the inside and another couple of
tipstaves We're on guard Immediately
within.
AS a result of this unusual proceed
ing the county will probably be put to
the expense of retrying the case, if a
verdict unsatisfactory to the defend
ant is found. Among those who came
to the heavily guarded door during the
afternoon was Sheriff ClemOns and i
woman who was a witness in the case
and who was brought on Capias. The
tipstaVes had orders to allow TO one
in ana the sheriff therefore could not
make proper delivery of his prisoner.
The matter was discussed freely about
the court house and not a lawyer that
expressed an opinion but what believed
n new trial could be secured on the
strength of the star chamber session.
CANNOT WAIVE a RIGHT.
1t was also held that grounds for a
new trial were inadvertently laid by
the action of court in permitting the
jury to go to view the scene of the
crime without the accused accompany
ing them. The ettorneys for the ac-
Cused made no objections to either of
these proceedings but that will not al
ter the case, it is claimed as a de-
fendant in murder trial can not
waive a right.
The testimony Saturday tended to
strongly substantiate the contention OF
the defense, that Van Horn was ''pe
Cular."
Mrs. John Gearhart of this city di-
Norced wife Nc. Of the accused muir
derer, the first witness told of Van
Horn having been injured on railroad
in Michigan and how she was Compell-
ed TO leave him because of his queer
actions. Once she said, he sat in an
open window with nothing but his
shirt on and refused To leave his sta
ton even when she begged him not to
disgrace the house. His pipe fell OUT
of the window and he went out Just as
he was to recover it. In her opinion
he was not insane.
Robert Albro, a Delaware, Laclia-
wanna and Western brakeman, who
worked with Van Horn, testified that
the latter almost constantly complains
ed of terrific headaches.
Ipft ,F I,n 1.,T1.-
wealth's witnesses, was called by the
defense and testified that at o'clock
on the evening of the killing Mrs.
Wescott left a group of the boarders
who were chatting together at the cor
ner in front of the house.
The additional depOsitions Of Mar
Ectman Albert j. Saunders taken Fri
day at the hospital, We're next present
ed. Saunders swears that Mrs. Emma
Van Horn stated at the time Van Horn
was arrested for the murder that she
would do all she could to hang him and
that any jury that would refuse to
hang him ought to be hung itself.
TIE DISCHARGED VAN HORN.
William II. Nichols, a Delaware,
IaCkawanna and Western conductor,
told of having discharged Van Horn
for his peculiarities. One time. while
coming south from Glenburn, Van Horn
deserted his place at the head of the
train saying the engine was going to
blow up. He acted very strange and
as he did not think him a safe man to
have around, discharged him.
George NJ. Wallace, another Della
ware, Lackawanna and Western con-
ductOr, who is an officer in the Broth
erhood of Railroad Trainmen, testified
that Van Horns insurance in that or
der was made payable to Mrs. Joseph
Inc WesCott. 1t was made out in 1898
Mrs. Sarah Ann Van Horn, the aged
mother of the defendant, told of how
her son, after the accident to his head,
was oftentimes so affected with pain
that he would seize his head in his
hands and cry out: Mother | can't
stand it. My head will burst"
Just before the noon recess Van Horn
was called to the stand, and with the
exception of the interim for dinner,
was on the stand until after 3 O'Clock
He went over his personal history, told
of his travels, his two marriages, how
he was hurt in Michigan and then of
his relations with Mrs. Wescott.
For the three nights preceding the
killing he slept in the Wescott cellar
and not day passed after the time
he came from Clark's Summit but that