Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-03-03
COLLINS HEARING ENDED.
Grant the Motion for
New Trial.

TOPEKA. March 2.-,Specalp The appi-
cation Tor "a Ucw trial for John Henry Col
!ifs. convicted % first degree murder. WAS
concluded this afternoon. Judge lIaZen an
noun"ed ti:at he would tik.. the case under
advis.inent II is expected that he will
render his decision mex; Monday.
Attorney II. {. Stafford spoke for Two
hours this afternoon Oh behalf of the state.
County Attorney J.tmore presented no ar
sumen;s- Nj. Stafford went over portion
OF The testimony presented AT the trial and
refuted the Claims OF the defense by citing
legal authorities.
Attorney W. Y. Hayden. for Collins. &C.
cupied the entire morning. Law books
enough 10 stock Il small library were left,
marked with hundreds of passages. for
Judge lIaZrnS perusal.
The state is confident that no new trial
will he granted Collins. The defense Is hope
ful, but dares not assume confidence. The
witnesses in whose testimony Collins at
torneys placed the greatest reliance proved
to he frauds, pure and simple. and the judge
of the court has given them little ground
for encouragement.
Summarized. the witnesses for the defense
make the following showing
X. II. bradbury. alias james l.. Nello.
made affidavit that he heard TWO negroes
davit was Withdrawn by johns attorneys
and witness jailed for perjury on Judge
HaZen'S order.
George K. Brindle made affidavit that he
saw Juror Stevens in an Intoxicated con-
dition, and afterward swOre that he was
mistaken in his man. The testimony was
interrupted by Judge HaZen who said the
afiidavits were mot worth the paper they
were written on
Charles NJ. Gilman swore that a juror
told him Collins should be hung: afterward
he mad. oath that he was mistaken.
Mrs. Mary Council made affidavit that
two OF the jurors read newspaper accounts
Of the trial; on the stand she was not sure
about this.
Milton Council also saw two Jurors read
newspapers. according to his affidavit. but
afterward swore that he was mistaken.
Mary Gilmore swore that / W. Il. Grant.
negro. told her year ago that Collins
would be murdered by a negro; Attorney
GODDARD now acknowledges that her story
is fanciful.
With bradbury. or Nel!o now in jail for
perjury. Mrs. May Burnett. trial wit
ness. under arrest on the same serious
witnesses shattered and their client in Jail
with life sentence ahead of him, there
is little announcement for John Henri,
OF his witnesses. Attorney GODDARD said to
reporter TODAY:
"For several years made my way
knew something about human nature but
since my experiences In handling the Col
Inns ease / admit that ! don't: In fact. you
human nature and l would be willing TO
Il could tell many extraordinary tales in
reference to the case that have been told
me by different people. from what motives
l can't say" went on Mr.. GODDARD. 1.-The
freight car story OF Sidney Updegraft was
one of this class. and the stories told by
Mrs. Gilmore and NelIO In heir affida Iits
are apparently of the same kind. Yet each
one of these people appeared To be wholly
honest in their Statements to Mr.. Hayden
and me. and We impressed upon them 10
the best of our ability that We wanted only
the absolute truth. Updegraft came here
with the best of references from reputable
business men OF Burlington, and both Mrs.
Gilmore and Nello stated that the only OBJ
ject they had in making the affidavits was
assuredly did not ask for money or remun-
Grafton of any kind. and am at loss to
fix a reason for the stories they told.
Unlike Updegraft, Nelo and Mrs. GIL
more. some of the people who have ap-
proached us with the information that they
were in the possession of important evil
derce have asked to be paid for ii. or
without discussing the matter further. One
day l received letter from a man in
Texas who agreed to furnish any kind of
evidence wanted at a reasonable figure.
While some of the people who came to
us with stories wanted money. continued
Mr.. GODDARD the majority did not, and it
WAS in dealing with such people that I
about human nature.
Why they should tell us the stories
they do unless from a morbid desire to
get into the case. l can't for the life Of
me explain. Some of the women who
came TO MS with the most extraordinary
stories showed terrible earnestnesS in re-
citing them. and several left the office
weeping because We told them II would
be impossible to use their evidence"