The age-herald., 1898-01-04
DEFENSE WON ITS POINT Nellie Collins Will Be Examined
 Today. THE MOTIVES OF THE CRIME Will Be Proven by the Defense--May Cause Some Sensational Testimony in Re-
 buttal by the Sta e.
THE MOTIVES OF THE CRIME

With handkerchief that was once white Thomas Collins wiped tear from his eye as Attorney Lowe spoke of the old mans domestic troubles, in arguing for the ad- mittance of the testimony of 15-year-old Nellie Collins.
 The attorneys argued the entire day on this point, and finally scored a victory. Nellie Collnsrwill be the first witness this morning when court convenes at o'clock From her and other witnesses the defense expects to prove the motives of the crime As outlined by Collins counsel yesterday they will set up that the despolation of his eldest daughter, followed closely by the alleged assault of his younger daughter by Howell goaded him on to the crime. The defense will offer rebuttal testimony, and it is said that something sensational will result and probably the displaying Of much 'dirty linen" One of the attorneys for the prosecution intimated yesterday that the defense might enter into the character of Nellie Collins, and also at- tempt to prove that Howell was not the man who assaulted the girl in the saloon the afternoon before the tragedy.
 The Trial in Rebie Hall
 Collins and Frazer came in at 12 o'clock in custody of Deputy Warnock Collins son was with them. He appeared to be about 19 years of age, and his face had something of the cut of pugllist. Collins freouently leaned over and said something to Frazer which was not audible to those sitting near.
 The reporters at the press desk had bag of apples which was serving as the midday meal. Collins jocularly remarked that "the boys should hand them around" When they were proffered he refused and lighted a cigar instead.
 Rebe hall gives a stronger reminder of the dramatic than the circuit court room. At one end of the hall is a small stage, with curtains much the worse for use, and all accoutrements for the play. At the opposite end of the hall is the judges stand. The crowd kept growing and when court was called to order there were perhaps 200 people present.
 When court was convened Justice Till man announced that Miss Nellie Collins was on the stand when court adjourned Saturday afternoon.
 Her testimony, up to the point of objec- ton was: Were you and your mother down town hate Monday afternoon?
 "Yes."
 What time?"
 About 6:20"
 "Did any one accompany you any part of the way home?"
 Yes" ."Who?"
 At this juncture the state objected and the argument was begun.
 Attorney Lipscomb said the defense would have to prove the identity of the deceased by previous occurrences.
 It was then agreed by the justice and attorneys that the question should be again argued. Attorney Allen said the prosecution appreciated the value of time and would be brief.
 Attorney Lowe answered Attorney Allen, scouting the idea that the argument be made brief when a mans liberty was to be weighed in the balances He said it was doubtful if there was not prosecu- tion and a "pefsecutor." MT. Ferguson was there as the authorized officer of the state and MT. Allen represented other par ties.
 'It seems that the remark I made" said Attorney Allen, twas the incentive to criti- cism on the part of my friend Lowe. I am here representing the prosecution and not persecution It is not an infrequent occurrence for the friends of dead man to employ man to prosecute his slayer. It was not because of the multitude of coun- sel for the defense, however, for I feel that MT. Ferguson would be fully able to cope with them"
 MT. Lowe said he did not wish to criti- else, but to draw the line between a duly authorized public officer and counsel who was employed and represented the feel ings of revenge of the bereaved ones.
 By the rules the objecting party had the opening and closing. Solicitor Ferguson opened for the prosecution. He contended that no matter what theory the defense might advance, or set up, the case was not a bailable one. In citing authorities he said he could find but one that in any way aided the defense.
 ''Mr. Allen and myself worked diligently all day yesterday" and he added, "the bet ter the day the better the deed, especially when in righteous cause.'
 ''When you've got an OK in the ditch," interrupted Attorney Lowe, with a smile Court adjourned until 2 o'clock for din- ner.
 When court reconvened Attorney Trotter took the floor for the defense. He argued the question from the standpoint that the ends of justice would not be defeated by the admission of the testimony. That it would only serve to make His honor more