The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-28
COLLINS CASE
is CALLED.
Argument For a New Trial Be-
gins Before Judge Hazen.
Defense Opens by Reading the
NeIlO Affidavit.
AFFIANT TO APPEAR.
Mr.. GODDARD Says He Will Be
Here Tomorrow.
States Attorneys Declare He
Is in Town Now.
Defense Offers Another SenSa-
tiOnal Affidavit.
Defense Opens by Reading the
NeIlO Affidavit.
AFFIANT. TO APPEAR.
Mr.. GODDARD Says He Will Be
Here Tomorrow.
States Attorneys Declare He
Is in Town Now.
Defense Offers Another SenSa-
tfOnal Affidavit.

Another chapter in the now famous
Collins case opened in the district court
at o'clock this morning when the mo-
ton for new trial was taken up.
Five minutes before the hour set for
the hearing to commence, John Henry
Collins. the convicted murderer of his
own father, James S. Collins, entered
the court room, accompanied by At
torney General a. A. GODDARD and At
torney Charles Hayden Sheriff Cook
brought up the rear
If any change has occurred in the
personal appearance or disposition of
John Henry Collins since he last left
the court room on the evening of De-
cember -. with the verdict of twelve
jurors ringing in his ears, it was not
noticeab Bile when he entered this morn
ing. He wore the same black suit of
clothes, the same black tie, the same
style collar. There was as much color
in his face on the last day of the
trial. and he dropped into a chair with
the same air of indifference he was aC-
customed to during the four weeks he
was a daily occupant of the court room.
As ne sat down he leaned forward
and pulled up his trousers at the knees.
Then he settled himself, his face on one
hand. with the elbow resting on the
table.
The crowd in the court room at 9
o'clock was small, but it gradually in
creased in numbers until all the chairs
and benches in the room were occupied
a half hour later. Unlike the days of
the trial, the crowd was composed al
most entirely of men.
Without delay Judge Hazen instruct
ed the attorneys for the defense to pro-
ceed with their testimony.
NELI4O AFFIDAVIT.
From the bunch of affidavits before
him. Attorney General GODDARD selected
one and rose to his feet. THE first tes-
timony we wish to Introduce said he,
- he afFi of Tar 9 Nall t
is as follows:
Mr.. GODDARD then started to read the
affidavit. Nello is the travelling bicyclist
who SWore that while stopping at a
roundhouse last May he heard two col
Ored men, one called johnson" and the
other Jess" discuss the murder of 'Old
Man Collins.
Among the afidavits fled by the
state Saturday was one from the Den
YER woman with whom Nello said he
was boarding, stating that she knew no
one OF that name. Also one from the
chief of police of Denver stating that
he had never heard of such a man as
Nello. In addition Deputy Sheriff Stew
art made affidavit that he was unable
to find any one living in the vicinity of
the Santa Fe roundhouse who had ever
seen or heard of NellO.
AS Mr. GODDARD finished reading the
affidavit Juf e Hazen asked:
Can you furnish any further infor-
nation about this man,-just who he is,
and where he stopped when he was
here? The affidavits seems to be lack
ing in several points"
NELLO WILL BE HERE.
I'VE expect to furnish complete in
forma tiOn, replied Attorney Hayden.
We may have to ask the indulgence
of the court until tomorrow morning
when our witness will be here
DO you expect this man to be here?''
asked Judge Hazen.
Yes. sir. we do" answered Mr.. Hay
Irr, Ia 1.
possibly not until tomorrow morning
Let me ask" interposed Attorney
Harry Stafford. rs James E. Nello this
mans right name?"
1T is so far as we KNOW" said Mr..
Hayden.
If it please the court I will ask that
the records show that counsel states
James E. Nello to be the right name of
this Witness said Attorney Stafford.
You say this man will be here to-
morrow morning." queried County At
torney Jetmore looking at Attorney
Hayden.
Yes. sir" answered Mr.. Hayden.
Isn't he here now?" said Mr.. Jet
more.
No, sir, he is not" put in Attorney
General GODDARD, who was still standing
with the Nello affidavit in his hand
We'll the man who made that affi-
davit was in town yesterday" exclaiIn-
ed the county attorney abruptly
1ou say James E Nello was in town
yesterday" said Attorney Hayden in
rather an excited tone
Il don't know whether James E. Nello
was in town yesterday" replied Mr.. Jet
more, but the man who made that affi-
davit was"
Il don't know what right you have to
say that James f. NelIo is not the man
who made the affidavit" said Mr.. Hay-
den rather hOtly, turning to the county
attorney.
DO you know that the man who
made the affidavit was in town yester-
day?" asked Mr.. GODDARD.
I am informed So said Attorney
Jetmore smiling in a knowing waI
Here Judge Hazen raped for order
I Will hold the case open until tomor-
row morning for this Witness" he said
The reading of the affidavits was
then continued by Attorney General
GODDARD.
OTHER AFFIDAVITS
The following is the order in which
the aft1davits were read:
John B. Jenkins, Samuel L. Still.
Sunrah Coletraine, Victorine Griffiths
W G F. Reichenbach, Chas Burleigh,
Mary Council and Ida Grifiths. o. X
SWayze, Lon Townsend, George r.
Brlndle, p NJ. Cron, Jas. F. McCabe.
Helen May Collins, Grace May Collins,
John Senderton and Sarah l. More
mouse, Dana McVicar, Z. G. Wilson. A
x F'ulford, Charles and Sidney Hay-
6en, d NJ. Valentine A A GODDARD Fl
Il valentine and ChaS. Hayden. Sidney
Hayden, Clarence Spillman and John
Hengy Collins.
Oscar Swayze was called to the wit