The Topeka state journal., 1898-12-17
A WEEK LONGER.
Continued from First Page.l


that you feared the blow would come
soon?
Al told Miss Babcock nothing of
the kind.
John Collins was then shown the let
ter he had written to Miss Babcock,
and after some hesitancy he admitted
writing 1t. He was then shown the let
ter which he had written to c. o.
Knowles asking to borrow money. and
in which he said: 'I desire that my
father know nothing about this, be-
cause of his peculiar disposition, about
which the less said here the better"
Odd you write that letter?
Al can't say.
Q.-Well, didn't you write it?
Al wouldn't say that I had written
anything presented in writing by the
prosecution in this case.
When he said this Collins threw the
! letter to Miss BabcOck on the jury box
rail and the Knowles letter was angrily
returned to Mr.. Jetmore.
May it please the court" said Col
lins turning to Judge Hazen, what 1
said about the affidavit I desire be not
construed as an insinuation that it was
forged He turned while saying this
apologetically to Mr. Stafford, who had
the affidavit in his hand and was stand
ing up preparatory to reading the affi-
davit to the jury, Mr.. Jetmore having
concluded the crOSS-examinatiOn.
The affidavit was then read to the
jury and the cross-examinatiOn ended.
In this affidavit John Collins gave his
theory OF InG 1nuTO6T OF MS I3Cn6F. and
claimed that the man who committed
the crime entered the house during the
| previous afternoon, concealing himself
in the house until the following MORN
| ing, at which time he emerged from
hiding and committed the crime.
In the redirect examination by Mr..
| Hayden, Mr.. Collins still held to the
original statement of the murder.
After a brief redirect examination
Collins WNs excused.
fmpeaching Harbaugh.
w. C. Harris of Lawrence, a con-
! fectioner for so years, followed Collins
on the stand, for the purpose of i'm
peaching Dell Harbaugh. He said:
! ''Harbaugh's reputation is bad"
Mr.. Jetmore: 'Harbaugh has arrest
ed you for being drunk in Lawrence,
hasn't he?
A.-No he has not.
Q.-WhO have you heard say Har-
! baugh's reputation is bad?
A.-Millard. clerk at the Eldridge
/ house. and James Donnelly.
| Q.-What did Donnelly say?
A.-That he wouldn't believe Har-
/ baugh under oath.
William Brockeisby was next called.
| He is an ex-city marshal in Lawrence.
! He swOre that Harbaugh's reputation
/ in Lawrence for truth and veracity is
| very bad.
The prosecution had Harbaugh come
! into the court room, and he sat behind
/ Mr.. Jetmore and gave him the pointers
! for the cross examination of the wit
ness.
! Brockelsby said: Dave Little, the
| constable, told me Harbaugh is un-
! scrupulOus and is not to be believed. J.
| 2. Estes told me about the same thing"
! Christopher Armstrong, an ex-police-
| man in Lawrence, and for seven years
a guard at the penitentiary, swOre that
| ''Harbaugh's reputation for truth and
! veracity in Lawrence is very bad
| On cross examination JetmOre aske
| Armstrong if he had been discharged as
| guard at the penitentiary for stealing
/ paint
mo" was the reply, 'I left the peni-
| tentiary on account of a change in ad-
| minis tratiOn.''
| Redirect examination by Mr.. Hayden.
/ Q.-Mr- Armstrong would you be-
! lieve Harbaugh on oath
j A-NO, I would not.
| George F. Godding, a Lawrence liv-
| eryman was next called. He has known
! Dell Harbaugh for 13 years.
! Q.-What is his reputation for truth
! and veracity.
! At is very bad.
! Q.-Who said anything to you about
| him
A.-Henry Tisdale. John Gillian, E.
/ L. Hobbs and Newt Fluke.
| Q.-What did they say?
| A.-That they would not believe Har-
| baugh under oath.
| Q.-When did you hear these things. 4?
: A--YOu can hear them any time in
I Lawrence.
| Odd you ever have any trouble
/ with Harbaugh?
| A.-Yes, on a settlement and failed to
/ get my pay on a hay contract
O.-What was HarDaugh doing?
! Ale was in the livery business.
Q.-How did you happen to have trou-
! BILE?
Al was under contract to furnish
| his barn hay, and they didn't pay me.
Q---Did they complain of the quality
| of the hay?
A.-No. they didn't pay me.