The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-07
Room Gallery Crowded SuffOcaOn

Court Room Gallery Crowded t.
on Judge Hazen's face, a murmur of
surprise spread through the crowd of
spectators on the floor and in the bal
cony.
Judge Hazen s right hand found it's
way to his moustache and he pulled it
a moment. Then he said quietly:
HE has served his time and has been
discharged?''
7 suppose he has, said Mr.. Hayden.
Objection overruled,'' said Judge
Hazen just as quietly.
Something that sounded like a huge
sigh of relief spread through the court
room. John Collins resumed his usual
position with one hand resting against
his head and one elbow on the table.
Mrs Collins clasped her hands and
transferred her gaze to the prosecuting
attorneys. Jordan uncIasped his hands,
crossed the other leg and gripped the
arms of the chair.
State your name to the jury" again
came from Attorney Stafford.
johnson Jordan" said the witness
distinctly.
Where do you live?" asked Stafford.
North Topeka" said Jordan.
How long have you lived in North
opened his lips to reply but Attorney
Hayden was again on his feet. IF the
court please he said, eve want the
privilege of introducing the record of
the court in reference to this witness" p"
rs there any objection, Mr.. Stafford %
asked Judge Hazen.
we haven't examined it, your
nOnOr," said Stafford, but suppose Mr..
Hayden's word is good"
He turned and consulted with County
Attorney Jetmore moment. I un-
derstand, he said again addressing
the court, that Jordan was pardoHed
and restored to all rights of citizenship
before his term was over. We would
therefore ask that the entire record of
the case be introduced
Would the record of this court show
his pardon?" asked Judge Hazen-
I don't think it would replied SAT-
ford, "and in that event we ask leave
TO subpoena the state executive clerk" >"
What particular point do you make
about this testimony, Mr.. Hayden
said Judge Hazen addressing the at
tOrney for the defense.
THAT he was convicted of a. felony
and is therefore not competent to testi-
fy,' answered the Holton attorney.
Have you any authorities on the
point?" asked the judge.
4 think I can find them" said Hay
den.
L know that the supreme court had
held that a criminal under sentence was
not competent to testify, said Judge
Hazen, but don't believe it is carried
to the extent you suggest" And then
turning to County Attorney Jetmore he
asked.
DO you remember that decision, Mr..
Jetmore?"
t think I do and will look it up re-
Piled the county attorney.
While this discussion was going on
Attorney Stafford was talking to JOr-
dan. Here he turned to Judge Hazen
and asked:
Your honor, can this prisoner go to
Nrfo7.f n ,, no Oh n-iF fO al
his pardon papers2"
HE can" said Judge Hazen.
Jordan at once stepped out OF the
chair and left the room, smiling broad
ly a s he made his exit.
Gentlemen, I wish you would look
up those authorities . said Judge Hazen
to the attorneys, rising from his chair.
The attorneys for the prosecution and
defense retired with Judge Hazen from
the court room to examine authorities.
Before leaving his desk, Judge Hazen
excused the jury until called
At 10:30 Judge Hazen OVerruled At
tOrney Hayden's objections and de-
clared johnson Jordan a competent
witness.
The middle finger of John Collins left
hand supporting his head found its
way between his lips and he pressed his
teeth against it for moment. Then
he dropped both hands and Strengthened
himself up in the chair. Mrs. Collins
settled herself and bent her eyes intent
ly on the face of the witness, with her
lips firmly set. Grace Collins moved her
chair closer to that of her mother and
leaned toward her until their should
ers touched. Attorney Hayden ad-
vanced his chair to the court room rail-
ing and County Attorney Jetmore
moved his nearer to Attorney Stafford,
who prepared himself to conduct the
examination. A hush of expectancy
seemed to fall over the crowded court
room.
The accused and his mother and sis
ter his friends and the attorneys, the
curious assemblage on the court room
floor and in the balcOny-a1 seemed to
realize that the trial was on in earnest.
John started to tell his story. He
recited circumstance after circum-
stance deliberately and carefully, and
when he was at last turned over to the
defense for cross-examination shortly
before noon he had forged a chain
which seemed to completely entwine
John Henry Collins in a dark plot to
murder his father.
Every answer Jordan made on the
stand was listened to with the utmost
attention by the spectators at the trial
People leaned forward in their cramped