The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-22

nave been completed and are more lengthy
than any he ever prepared before for a
jury IN the Shawnee county district court
Judge Hazen will not limit the alter
neys in fhe arguments of the respective
sides. County Attorney Jetmore will
probably make the opening speech for the
prosecution and Attorney General-elect
GODDARD for the defense
John Collins, his mother and sister and
their relatives stil present the cheerful
exterior they have presented since the
trial commenced.
Miss Ida c. RusslI. Of the physical cnl-
ture school, was the first witness called
by the state in rebuttaI this morning. She
was expected 10 testify that John Collins
had bowled with mis- left hand and had
talked to her about it, but when the OK
animation commenced the defense object
ed on the ground that her testimony was
incompetent. and the objection was slis-
tanned by Judge Hazen
Hugh Dryden, who works night bag
sageman at the Santa Re depot. in
Scranton. was the second witness called.
lie testified that he boarded train No. At
Scranton on the morning of the murder,
May g. and that the train did not stop.
but slowed up. lie said no one else
boarded the train that morning lie also
testified that No. did not stop at Scran-
ton unless it was tagged or there was
a passenger to get off.
Mrs. Burnett has testified all along that
she boarded this same train at Scranton.
May 49, and that shortly after arriving
Topeka she was walking by the COL
Inns house at the time of the murder
and saw man on the roof of the Collins
kitchen
Holm Collins nae rocaIta5 ,,n..or5-,. -,
Attorney Hayden for the defense and
asked:
Did you at any time tamper with the
locks OF the folding doors at your home?"
NO, sir"
Did you ever tell Johnson Jordan that
you had?"
No, sir
Did you ever tell Chief Steele that your
father had a blue-barreled pistol?'
NO, sir"
Cross-examnatlon by Attorney Jet
more:
If you had tempered with this lock,
you wouldn't say so. would you?"
L don't know what / would say under
the circumstances, because / never tam
pered with the locks"
so. you don't know whether you would
tell the truth about the matter If you
had tempered with the LOCKE"
Il certainly would tell the truth IL il
had any bearing on mis- case"
Even if il would convict your"
II know it wouldn't convict me-"
so you didn't tell Johnson Jordan that
YOU had fixed the lock?"
No, sir"
That's all" said Mr. Jetmore, and the
defendant returned to HIS seat.
l.. \. Stebbins. the Topeka attorney.
was called and asked about the conduct
al John Collins and his father at the
Topeka Athletic club He said both
seemed very fond Of each others society.
David Passon the Lawrence pawnbro-
kcr with whom Jesse Harper pawned the
revolver which he stated he secured from
John Collins was then called to the
stand. The revolver which has been iden-
tined by Harper as the John Collins re-
Volver was presented TO Mr.. Passon and
he was asked:
is that the revolver Jesse Harper
paNned with you?"
No. sir; 30 is not
How do You know that II is not?'
Because / know a bSue-barreled revol-
yer from a white-barreled revolver. The
revolver pawncd with me was a blue
barreled pistol
Passon persistently stuck TO this state
llent on contamination. He said that
mistaken about the revolver. and the re-
volver shown him was not the one pawn
sd by Harper and afterwayd redeemed
oy him.
The testimony of the pawnbroker SEEM
ID to be in the nature of a surprise to the
prosecution.
Dan r Wyatt of Topeka was called 10
he witness stand after Passon. He stat
I'd that he had always considered John
Collins "a model boy. away above the
average Like all the friends of the
Collins family who have been used by
the defense. ne said that he had never
seen anything in John Collins actions
which would tend 10 show that he was
other than gentle and knd-hearted.
While waiting for the arrival of several /
witnesses. the defense al this juncture
Introduced "a portion of the testimony
given by Joe Smothers at the preliminary
hearing for the purpose of contradiction. /
william Miller, who for five months IN
1893 was i'm charge of the Lake View Club /
house. WAS the first witness called after /
the reading of the Smothers testimony. !
lie testined shat he had seen John Col /
lns and his father al Lave View several /
times, and that the relations between the (
two seemed TO be very pleasant.
u. a Clements. the Topeka merchant. 4
was next called. Ic said that he had /
sold j. :. Collins tho first pair of knee +
pants John had ever worn. and that ne I
had known him since that time lie said 4
that John and his father always seemed 4
to be very friendly. and that he had new
er heard of John Collins doing anything /
that would show him TO be cruel or
malicious.
John Collins. ST.. brother OF the late /
J. 5 Collins. who is engaged in mercan- I.
iile business in Westmoreland, followed 4
Mr.. Clements on the stand
What has John Collins character been /
from childhood up"
"Nery much Of a gentleman. He has al 4
Mays been a nice boy
what were the relations between him /
and his step-mother?'
Very warm. Just as though she was
his own mother"
What were the relations between your
brother and his wife,
VERY close and loving
was there ever any trouble in the !
family that YOU know OFF,
"No. SIR
Was your brother kind toward the
members Of his famiyc"
VERY kind. should saw"
did you believe John Collins grief
over the death Of his father was sin
eere
'Do you stin believe It 10 have been
sincere
= sizes. SIR
Did you ever examine the lock on the
folding door AT the Collins Aouee"
-.Yes sir In Ju1e ] think
did YOU remove the lock-"
''Yes SIT.
Did you see any evidence 81 the lock
having Been tempered Win.