Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-21
NO LIMIT FIXED
COLLINS CASE ATTORNEYS TO TALK
As LONG AS THEY WISH.
LAST OF EVIDENCE TO-DAY
CASE LIKELY To GO TO JURY on
FRIDAY OR SATURDAY.
Defense Rested Its Cnse Yesterday
Afternoon-JOhn Collins Recalled
10 the Stand-BrOther of MUIR
dered Man Testifies in
Johns Behalf.
LAST OF EVIDENCE TO-DAY

TOPEKA, Dec. 20.-(Special.) The taking
of testimony in the Collins case vii. be
completed tomorrow afternoon. unless
some additional evider &c turns up that the
attorneys tonight have 10 knowledge OF.
Judge Hazen will then read his instruc-
tloLs 10 the jury and Will De-
gin.
According to the plan agreed upon by the
opposing attorneys tonight, Galen Nichols,
deputy county attorney, will open the ar
gument for the state. He will be followed
by Attorney Spellman. of Kansas City, for
the defense. Assistant Prosecutor Harry
Stafford will follow Spellman, and A. A.
GODDARD and Sidney Hayden will argue Tor
the defense next, in the order named.
County Attorney Jetmore will close the
argument for the state.
VIII there be any limit placed on the
time of argument" was asked of the judge
by an attorney in the case.
mo limit will be fixed. gentlemen" re-
piled the judge. You will be given all
the time you want to argue the case"
MI. Hayden thinks that it will not take
over two days to argue the case. He pre-
dicted tonight that the case would go to
the jury sometime Friday, or, possibly, not
until Saturday.
TIL defense rested its case shortly after
noon to-day, and the rest of the day was
taken up by the state in the introduction
of rebuttal testimony. When court ad-
journed this evening the county attorney
said that the only rebuttal witnesses yet
to testify were Lawrence people, who
would be up in the morning to testify as
TO the good reputation borne by Detective
Harbaugh, who worked up the case. There
will be about a dozen of them, and the
state expects to finish them by noon. Mr..
Hayden said the defense would only intro
duce a couple or three witnesses in sur
rebuttal and that it would not take long
to xamin them.
John Collins was recalled this morning
by 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
No, sir"
Did you ever tell Chief Steele that your
father had a blue-barreled pistol?"
Cross-examination by Attorney Jetmore:
If you had tempered with this lock YOU
wouldn't say so, would your
= don't know what l would say under
the circumstances because l never TAM
pered with the locks"
SO you don't kno whether you would
tell the truth about the matter if you had
tempered with the LOCKE"
I certainly would tell the truth if it
had any bearing on this case
Even if it would convict you?"
Il know it wouldn't convict me-"
so you didn't tell Johnson Jordan that
you had fixed the LOCKE"
That's ALL said Mr.. Jetmore, and the
defendant returned to his seat.
l.. A. Stebbins, 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 society.
InNt1 nrsDr tha
with whom Jesse Harper pawned the re-
volver which he stated he secured from
John Collins. was then called 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 Jesse Harper
pawned with you""
No. sir. it is not
How do you know that it is mott"
Because l know Il blue-barreied re-
volver from a white-barreIed revolver, and
this is a white-barreled revolver. The re-
pistol"
ment on cross-eXamination. He said that
ne knew positively that he couldn't be
mistaken about the revolver. and the re-
volver shown him was not the one pawned
by Harper and afterward redeemed by
him.
The testimony of the pawnbroker seemed
prosecution.
Dan f. Wyatt, of this city, was called
to the witness stand after Passon. He
Collins "a model boy. away above the
average. Like all the friends of the Col
Inns 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 several
witnesses, the defense at this juncture in
troduced a portion of the testimony given
by Joe Smothers at the preliminary hear
n fnr fha nJtrrnca n f con frl - ~,
William Miller. who for five months in
1893 was in charge of the AXE View Club
house. was the first witness called after the
reading of the Smothers testimony. He
testified that he had seen John Collins and
his father at Lake View several times. and
that the relations between the two seemed
D. A. Clements, the Topeka merchant.
was next called. He said that he had
sold j.. S. Collins the first pair of knee
had known HIM since that time. He said
that John and his father always seemed to
be very friendly. and that he had never
would show him to be cruel or malicious.
John Collins. Sr.. a brother of the late
i liz s , G9llins, % vi Is s ENGAGED in mHrean;
Mr.. Clements on the stand.
What has John Collins character been
Very much of a gentleman. He has al
Ways been n nice boy
What were the relations between him
ana MS Slep-mOtner.
Very warm. Just as though she was
his own mother"
VIVA were the relations between your
brother and his wife,"
Very close and loving
Was there ever any trouble in the fam
lily that you know of"
No. sir"
Was your brother kline toward the mem
bers of his family
Very kind. ! should say
Did you believe John Collins grief over
the death OF his father was sincere"
Yes. sir"
DO you still believe it to have been sim
cere"''
Die you ever examine the lock on the
folding door at the Collins home"
Yes, sir. In June. | think
Did you remove the LOCKE"
Yes, sir
Did you see any evidence of the lock
having been tempered WITH
No. sir. l did not"
Did you ever test the lock in reference
to holding the doors together"
Yes, sir. and found that the doors could
be opened with but little pressure"
Captain A. NJ. Fuller and Mr.. P. c.
Chamberlain, both of whom have known
John Collins for a number of years. testi-
fled IN reference to the defendants manner
and disposition. Their testimony was com,
plimentary to John Collins.
Professor W. NJ. Davidson. superintend-
ent of the city schools. stated on the stand
that he had known John Collins as stu
dent in Harrison school and in the high
school. and that his conduct in school was
exemplary. He said he always held him to
| be warm hearted and generous.
cross-examination ny Attorney Safford:
John perform on which you based your an
swer that he was warm hearted?'
Il have seen him frequently walking
with his father
..n",-,la Of chic ami a foot Inn for hic