The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-19
The Defense in the Collins
Trial Will Consume
The Time Until Wednesday Be-
fore Rebuttal Testimony
WILL BE OFFERED.
Defense ReneWs Its Presenta-
tion of Evidence
This Morning at 10 O'clock
Scott Kelsey Examined.

At Is minutes past 10 o'clock this
morning the trial of John Henry Collins
was resumed in the district court. A
crowd of only moderate size was pres
ent in the court room.
For half an hour before the case was
called John Collins his mother and sis
ter and attorneys sat in Judge Hazen's
Office and chatted together about vari-
Gus things, no mention, however, being
made of the trial. Every one of the
group, including the defendant, seemed
cheerful and altogether at ease.
The defense will probably consume all
of today and tomorrow In the examina-
tion of witnesses. It is thought that
rebuttal testimony viii commence about
"Wednesday morning.
In the rebuttaI the prosecution will
attack. as far as possible, all the essen
tial points the defense has made. The
attack on the story of John Collins on
the witness stand will be left until the
time for argument.
Then it will be gone over in detail
and every effort made to convince the
jury that it was too perfect to be true.
The fact that he acknowledged swear
ing falsely in the affidavit he made and
lying al various times since the murder,
will be dwelt upon strongly. The i'll
temper he manifested at many of the
questions PIT to him by County AttOr-
ncy JetmOre in the cross examination
will be touched upon to show that there
Is another side to his nature besides the
mild and loyable one that so many
friends of the family have recently tes-
titled to.
Both the attorneys for the prosecution
and defense admit that the arguments
before the jury will be one of the big
Eest features of the case. The four at
tOrneys will strive with all the orator.
dcal ability and persuasive power at
their command to convince the twelve
Toh fe We
ly innocent and guilty of the murder of
his father
While the story of Mrs. Mary Burnett
In reference to seeing a man on the roof
of the coal shed at the Collins home on
the morning of the murder has already
been shattered by the testimony of the
cOlored girl, Ella Buchanan, it will be
further attacked by the prosecution in
rebuttal L. D. Middleton, brother of
Mrs Burnett, has been found and is
ready to testify that his sister endeav-
Ored to secure him as a. witness to cor
roborate her statements. He says she
promised him a new OvercOat if he
would so testify. Middleton lives in
Scranton and Will be brought here this
week.
Witnesses will be introduced to sub
stantiate the testimony given by Cor
nelius Carter, Joe SmOthers and the
other witnesses the defense has sought
to impeach. Testimony will also be in
trOduced to show that Dell Harbaugh's
reputation is not such as the defense
has shown it to be.
Scott Kelsey, one of the county COM
missioners, was the first witness called
by the defense. On direct examination
he testified as follows:
Q.-Has there been any contract be-
tween the board of county commission
ers and Dell Harbaugh by which he was
to work in this case?
A.-NOt to my knowledge.
Q.-Has the matter been taken up at
any of the meetings of the board?
A--NOt that know of.
Q.-There is no record of any pro-
ceedings Of such nature before the
board?
A.-No, sir
Q--The board didn't authorize any
one else to employ him2
A.-NOt to my knowledge.
On cross examination Mr.. Kelsey ad-
mitted that the employment of Detec-
tive Harbaugh was spoken of informal
ly by County Attorney Jetmore before