The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-01

of that about John Collins collar, and
said she refused to sign it after it was
prepared because she didn't want her
name in the newspapers. Mrs. Councils s
confusion increased with every succeed
ing question of the cross examination,
and finally Mr.. Jetmore asked:
Can you tell us one thing Juror
Dickey at any time said in reference
to the case?"
''I heard him say once that he wouldn't
give a snap of his fingers for a nigger's
testimony; Now L know I heard him
Sylvester Spencer was called as a wit
ness 20 prove that he heard some of
the jurors discussing the Collins case,
but answered every question put to him
by Mr.. Hayden in the negative.
Mrs. Matilda c. Gilmore, the woman
who made the sensational affidavit, was
used as a witness by the defense. On
direct examination she told the same
story as contained In her affidavit, and
while the cross-examination of Mr.. SAT-
ford had the effect of confusing her,
she stuck to the main points.
Two OF the jurors against whom
charges were made, r. S. Butner and
John Dickey, were put on the stand by
the state before adjournment last night.
Both Butner and Dickey denied that
they had ever discussed the Collins case
during the trial, or read any of the re-
ports printed in the newspapers. Dickey
admitted that he had glanced at the
newspaper headlines, but had never
criticized John Collins personal appear
ance, but on several occasions had re-
marked that many men he saw in the
court room wore too high collars for
comfort.
NELT4O IN THE COURT ROOM.
The man who made the principal affi-
davit for the defense over the name of
James r. Nello, purpOrting to have
heard conversation between two ne
groes, one named Jordan and the
other Jess" in which the murder of
J. S Collins was discussed, made his
appearance in the district court room
this morning.
He made his entrance just as Attor-
ney General GODDARD started to read let
ters explaining the way in which he
happened to make the affidavit. 1t was
then twenty minutes past o'clock and
Judge Hazen had become impatient
awaiting his arrival.
Mr. GODDARD, standing with the letter
in his hand, caught sight of him as he
entered the door.
Here is Mr.. NelIo now" said he,
stopping the reading of the letter
Judge Hazen, the attorneys and spec
tators in the court room at once CEN
tered their eyes on the individual who
had just entered. They saw a young
man, tall, erect, smooth shaven and of
pleasant features, standing in the door.
A moment later he noticed Mr.. GODDARD
and walking over sat down behind him.
There was a silence in the court room
for the space of a minute or two. The
attorneys for the defense and state
eyed each other. Finally Mr. Hayden
broke the stiffness.
Mr.. Nello is here said he, nod
ding at Mr.. JetmOre.
The county attorney turned to talk
to Attorney Stafford without making
any move to put Nello on the stand.
THE state subpoenaed Mr.. NelIo," re-
marked Mr.. GODDARD.
Mr.. Nello, take the stand,'' said
Judge Hazen, as Mr.. Jetmore continued
to converse with Mr.. Stafford. THE
court wants information from you and
directs you to take the stand"
The young man stood up and took
off his ulster. Then he walked to the
witness chair and sat down.
As he took his seat a man pulled a
chair up close to that of County At
torney Jetmore and seated himself di-
rectly in front of the witness. He was
John Umpleby, young man well
jefferson street. Umpleby was former
ly employed by the Santa F'e as fire
man.
AS every body supposed, UmpIebys
presence at the side of the county at
tOrney was significant He was there
with information that he had known the
young man on the stand several years
ago in Trinidad, Col, that his name is
Harrison Bradbury and not James E.
NellO, that he was in 1898 working as
brakeman on the Santa Fe out of EN-
pOria, and that in the same year he was
arrested at Peabody for forging a check
W
penitentiary by the efforts of his broth
ers. Also, that the Lille Bradbury who
made an affidavit for the state that she
did not know one James E. NelIo, was
his sister.
proceed with the examination said
Judge Hazen looking at County Attor-
ney Jetmore. Mr. Jetmore at once
opened his fire of questions.
Q.-What is your name?
A.-JameS E. NellO.
Q.-How long have you had that
name?
A.-Ever since was born.
Q.-What's your mothers name?
A.-Martha Nello.
Q-Where does she live?
Al think 24O South Tenth street,
Denver.
Q.-Do you know Lille Bradbury?
Al know her, yes.
Q-She is your sister, isn't she?
Did You ever live in Trinidad,
Col?
A-No, sir.
Q.-Were you a brakeman on the
Santa Fe in 1898?
O.-Is your name Harrison Brad
A.--No, sir.
bury?
o.-Did you ever go by that name?
Q.-Were you arrested in 1898 in Pea
body for forging a check at Emporia?
A.-No, sir.
Q.-Weren't you arrested and didn't
your brothers get you out?
A.-No, sir.
Q.-Name one person here who knows
you by the name of Nello except Mr..
GODDARD.
Al don't know that any one does.
Q.-How many times have you been
in Topeka?
A.-Several times.
Q.-Where did you stop?
A.-Several places, st. Nicholas hotel.
Odd you register there?
Al don't think 1 did
Q-Why didn't you register?
A.-Because just went there for my
meals.
Q.-Where did you sleep?
A-Didn't sleep.