The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-01
DID NOT
EXPECT THIS.
James e. NelIO Goes on the
Witness
Stand in Behalf of John Ill.
Collins
IN TODAY'S HEARING
To Secure New Trial and
Tells
Such Stories That He Is Placed
Under Arrest.
n TODAY'S HEARING

THE Collins hearing in the district
court began with renewed interest TINS
morning. James f. Nello was present.
The defense in the Collins case closed
its testimony in the hearing of the mo-
tion for a new trial late yesterday af-
ternoon with an attempt to prove that
Detective Dell Harbaugh was in the
employ of the insurance companies in
working UP evidence against John Hen
~ Collins.
During the afternoon recess a small.
well dressed man, approached Attorney
Hayden and engaged him in conversa-
tion. Very soon Mr.. Hayden called Mr..
GODDARD and the three talked together.
When Judge Hazen returned to his
desk. Mr.. HAYDEN called the small man
TO the witness stand.
He stated his name to be A. E. Helm,
and said that he was an attorney of
Wichita. The examination was COM
menced by Mr.. Hayden.
Odd you meet man named Har-
baugh last summer?
A.-YeS, sir.
Q.-State the circumstances.
A.-The man who told me his name
was Harbaugh. stopped me while 1 was
driving along Waco avenue in Wichita
one Sunday last August. He first apOl-
ogized for stopping me on Sunday and
then introduced himself. He said Geo.
me. He said he was a detective
Odd he say what he was doing
in wichita?
The defense got no further than this.
Attorney Stafford a once objected, and
the objection was sustained by Judge
Hazen.
I don't think your honor would sus-
tain this objection If you knew what
was coming" said Mr.. Hayden.
What chance would the state have to
combat this testimony" asked Judge
Hazen.
I knew nothing of the information
this man is in possession of until he
came to me few minutes ago. replied
Mr.. Hayden.
There was a date set for the defense
to file afhdavits," said Judge Hazen.
What do you expect to prove by this
witness?''
I'VE expect to prove that Detective
Harbaugh stated that he was employed
by the insurance companies to work up
evidence against John Collins"
I'VE will object to that as incompet
ent, Irrelevant and immaterial,' said
Attorney Stafford.
Objection sustained" said Judge Ha-
zen. Pm not sure this would be COM
petent, and a date was set for the de-
fense to show what it had to show
This ended the attempt and Attorney
Helm was excused.
During the afternoon Judge Hazen
said he would utterly disregard the two
afidavits of George r. Brindle. 1t was
while J. II. Ward, the notary before
whom Brindle's first affidavit was sworn
to, was on the stand Ward stated that
the affidavit, the contents of which
I}rindle denied in the second affidavit
filed by the state, was sworn to in the
regular way and that Brindle had re-
marked that it was all right" before
he signed it.
4 don't think any of you gentlemen
will ask the court to give any cOnsid-
Grafton to this Witness began Judge
Hazen.
You mean Brindle, and not Joe
Ward, don't you, judge?" put in Harry
Stafford, quickly.
Yes, ] mean Brindle," said Judge
Hazen, joining in the general laughter.
Then continuing he said:
A man who makes one affidavit and
then makes another denying what he
said in the first, deserves no considera-
tion at the hands of the court. 1t would
be asking a great deal to ask the court
to believe any statement this man
made"
Later. when H E. Valentine was
called to the stand to testify concerning
the first affidavit made by BrindIe,
Judge Hazen stopped the examination
and said:
The Brindle affidavits are not worth
the paper they are written on. I hope
that you will not again impose upon
this court during the hearing by refer
ring to the statements of this man"
J. l. Miller, young man EMPLOYED
in Rogers bakery, was called as a wit
ness but proved a disappointment to
the defense Didn't you have a con-
versation with your sister, Mrs Chas
Rogers asked Mir. Hayden, lin which
you stated that you heard some of the
jurors in the Collins case discuss the
case during the trial at Love & Cooks
livery barn?"
No, sir" answered the young man
abruptly.
Didn't you tell your sister that you
remarked to the jurors, If you folks are
jurors, God pity Collins and that one
of the jurors said, If God pities him
he will be the only one, for none of the
jurors pity him?'
No, sir" again answered the wit
ness.
Miller was excused without further
questioning.
T. F. Rickenbacker, the young man
who made affidavit that he heard Juror
John Miller express prejudice against
John Collins, was placed on the stand
by the defense, but became so confused
as to render his testimony worthless
would say something favorable to the
defense, but on crOss-eXamination by
Mr.. Stafford would invariably take back
his statements.
Confusion also attended the examina-
ton of Mrs. Mary Council, wife of Mil
ton Council, at whose house Jurors John
D1ckey and r. S. Butner boarded during
daVit for the defense in which she said
she heard Juror Dickey say the case
was "One sided" and the johnson Jor-
dan letter DANA ging," and also that
ne mad commented on the appearance
OF John Collins and had stated he wore
too nigh collars On cross-examina-
ton on the witness stand she admitted