The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-20
LAST WITNESS
For the Defense in the Collins
Murder Trial
Goes on the Witness Stand This
Afternoon.
JURY TO BE CHARGED
On Thursday and Then OratOry
viii Begin.
Verdict May Be Expected Be-
fore Next Sunday.
JURY TO BE CHARGED

resumed at $3.50 o'clock this morning.
Not more than two dozen spectators
were present.
This was the first day the trial OPEN
ed earlier than 9 o'clock. Judge Hazen
hopes to be able to push the case
through this week, and for this reason
court will open each morning at $3.50
O'Clock. The sessions will be prolonged
up to o'clock in the evening. No night
sessions will be held.
The defense will introduce the last
witness this afternoon. The rebuttal
testimony will be commenced tomorrow
morning at the latest, and is expected
to consume all day at least. Judge
Hazen will probably charge the jury
Thursday, and the arguments of the at
torneys will then commence.
The attorneys for the prosecution ana
defense agree that the case will go to
the jury some time Saturday.
Garrett Barnes, a machinist living at
615 Western avenue, was the first wit
ness called this morning. He said he
kept a repair shop at 121 West Sixth
street, and did general repair work.
Odd you examine the lock on the
folding door at the Collins home?
A.-Yes, sir. 1 examined it about a
week ago and again this morning.
Q.-What condition did you find it an?
Al found that the tumbIer is in
such a condition that the doors can be
parted with but little eXertion.
Odd 1t give evidence of having
been bent or filed?
A.-No, sir; it seemed simply to be
worn.
Q-No evidence at all that the lock
had been tampered with?
A.-No, sir, not that I could see.
Cross-examination by Attorney SAT-
ford
Q.-Did you take the lock out of the
door to examine it?
Ayes, sir.
Q.-Could you have examined the lock
while it was in the door and told wheth-
er the springs had been tampered with =?
Al could have told some of them.
while in the door with reference to this =?
A.-No, sir.
Q-You don't know anything about
the position of these locks on May 13?
A-No, sir.
Q-Do the folding doors now lock?
A.-Yes, sir. They lock but the doors
can be pried apart.
John Collins Called Again.
John Collins was next called to the
witness stand. He dropped into the
chair and care1essIy crossed one leg
over the other The questions were ask
ed by Attorney Hayden.
Odd you at any time tamper with
the locks of the folding doors at your
home?
A.-No, sir.
Odd you ever tell Johnson Jordan
that you had?
Did you ever tell Chief Steele
that your father had a blue barreled
pistol?
Cross-examination by Attorney Jet
more.
Of you had tampered with this
lock you wouldn't say so would you?
Al don't know what I would say
under the circumstances, because new
er tampered with the locks.
$50 you don't know whether you
would tell the truth about the matter il
you had tampered with the lock?
Al certainly would tell the truth If
it had any bearing on this case.
Given if it would convict you?
Al know it would not convict me.
go you didn't tell Johnson Jordan
that you had fixed the lock?
ssThat's all" said Mr.. Jetmore. and
the defendant returned to his seat.
L. A. Stebbfns, the Topeka attorney,
was called and asked about the conduct
of John Collins and his father at the
Topeka Athletic club. He said both
seemed very fond of each others soci-
ETY..
broker with whom Jesse Harper pawn
ed the revolver which he stated he Sc
cured from John Collins, was then call
ed to the stand. The revolver which
has been identified by Harper as the
John Collins revolver, was presented to
Mr.. Passon and he was asked;
''Is that the revolver Jess Harper
pawned with you?"
A.-No sir, it is not
Q-How do you know that 1t is not?
A-Because I knew a blue barreied
revolver from a white barreled revolver
and this is a white barreled revolver.
The revolver pawned with me was
blue-barreled pistol.
Passon persistently stuck to this
statement on cross examination. He
said that he knew positively that he
couldn't be mistaken about the reVol-
yer. and the revolver shown him
was not the one pawned by Harper and
afterWard redeemed by him.
The testimony of the pawnbroker
seemed to be in the nature of a surprise
to the prosecution.
Dan F. wyatt of this city was called
TO the witness stand after Passon. He
stated that he had always considered
John Collins "a model boy, away above
the Collins family who have been used
by the defense, he said that he had
never seen anything in John Collins
actions which would tend to show that
he was other than gentle and kind
hearted.
While waiting for the arrival of sew
eral witnesses, the defense at this juno
mony given by Joe Smothers at the pre-
liminary hearing for the purpose of
contradiction
William Miller who for five months
in 1893 was in charge of the Lake View
club house, was the first witness called
after the reading of the Smothers testi-
mony. He testified that he had seen
John Collins and his father at Lake
View several times, and that the rela-
tions between the two seemed to be very
pleasant.
d. A. Clements, the Topeka merchant,
was next called. He said that he had
sold ]. s. Collins the first pair Of knee