Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-03-01
MOTION EOR \ NEW TRIAL COMES
III At TOPEKA
OUTLOOK DARK FOR COLLINS
LITTLE PROSPECT THAT NE WILL
HAVE ANOTHER CHANCE.
Witnesses md AfHdnvits of the De-
Tense Do Not Make u strong Case
and the state Is Jubiiant-
NcIIO's Questionable
Affidavit.

Feb. oS.-ISpccial.) me near
ing of the motion for a new trial Tor John
Henry Collins. convicted OF murder in the
first degree. was commenced before Judge
Y. 7. HaZeu. ri the Shawnee county di"-
trict court. this morning..
The entire day was spent in the rsaiilS
of afiidavits and the giving OF testimony
by these who had signed them. Eota Sides
practically finished their cases, So Iar as
the evidence is concerned and ii l. expect
ed that the attorneys will commence their
arguments not later than the middle OF o.
morrow forenoon.
There We're no sensational developments
to-day. Ky its witnesses. the state su''eti-
ed ;t least in casting reasonable 6oubt Up
on the principal Witnesses for the defense
and the outlook for John Collins is not
altogether encouraging.
James L. .Neilo. the alleged professional
bicyclist who made affidavit that ne near"
two negroes plotting the 1lu'Gef OIL j. .
Collins, was MOI present to-day. but lhe
defense promised that the witness "ou'"
be produced tomorrow morning.
But he won't be here" said County Al
toruey \. p. Jetmore Tonight. That is
almost . SAT, proposition. However. if he
does come we will he prepared for him..
Mr.. Jetmorc would not say what ne
meant by being prepared for the witness.
When Nello's affidavit was read this
morning the state suggested mat lhe Sisher
was already in the city and that his name
WIS not in reality Nrllo.
Another OF the defense'S afidavits was
signed by George Z. BrindIr. me s'a.e
served notice that il would produce Efindie
and two other witnesses to swear mat ne
never signed the affidavit at ali.
The defense acknowledged that the afti-
davit was worthless. the person he having
accused of drunkenness having not been Il
Juror. but an individual who had not peeh
accented as a member of the jury
Mrs. Matilda c. Gilmore, Il witness Tor
the defense. made IA poor impression on the
stand. and her testimony WAS cut short by
Judge iiazeu before its completion
Because of these facts the state is jubi-
liant tonight. and. unless there is testimony
of an unlocked for and unusually sensl-
t;onal nature Tomorrow. it is not probable
that Collins will be given Il rehearinS. II Is
expected that the case will be closed to-
day. and that Judge IiaZen will render his
decision probably on Monday of next week.
IT was the first time since Christmas
eve. more than TWO months ago. that John
Collins has been in the fresh air. Evil
dently he enjoyed the short walk from the
county jail. for he Wore a bright smile
when he entered the courtroom. II" looked
as well and appeared as cheerful as during
the long tflHl. ttt. llleTt wits iitIti!'S hDput
his demeanor suggestive of the convicted
murderer. He WAS dressed as fault!essly
as ever. He were the same black suit that
he had during the trial. with TIE trousers,
rs usual, faultlassly pressed. He had Il
choking white collar and a black satin
puff recktie.
When court was called to order Collins
was not present.
Where is the prisoner" asked Judge
Iiazcr. looking about the almost vacant
room.
DO you want him here inquired the
hailiif.
WHY certainly replied Judge Hazen.
impa;i.ntiy. W can not proceed until he
arrives"
4 deputy was hastily summoned, and
within five minutes the convicted murderer
was i'll his chair in the courtroom. He
smoked his mecrschaum pipe as he came
| across Van Ruren street. placing it care
fully in is leather case as he reached the
| second floor of the court house. Collins
shook hands heartily with both Of his at
torncys-Attorney General a. A. GODDARD.
| who will, within Il few days. retire from
the case. and William +. Hayden. of Hol-
| ton. None of the member OF Collins
| family was present. and their abserce was
| n subject of comment among the spec
tatorS.
That the people of Topeka are firing OF
the Collins case was evidenced by the
| small attendance. AT . O'Clock. when court
was called TO order. not more than twenty
| five people were in the room. including the
court officials. the attorneys and newspa-
! per men. Gradually the room filled, but it
| did not become crowded. and the gallery
WIS rot opened during the day
! Judge Hazen rebu:ed Attorney Hayden
I this morning after Hayden and County AT
torpey Jetnorc had engaged in "A little tilt.
Ry several! of his witnesses, tn" attorneys
for Collins attempted 20 show that Juror
| stevens visited IA disorder.y house and be-
came intoxicated during the progress of
I the trial. aud 10 this Jetrnore objected. At
,orncy Hayden tried 10 draw from Nettie
Hill, of - Kansas avenue. evidence that
she hal seen Stevens in a questionable re-
sort, The keepers of which We're co.oret
people.
This may 90 III Jackson county, but we
: are not used 10 it here" iuterposed Jet
more. holly. We have no right TO cast
insinuationS. Thesc are respectable pep-
! pie. There has heen Il good d.ai Of stui:
in this trial that We AZ" not used 10. |
object TO the introGuc;io. Of such te.tt-
mony."
The objection is sustained" announce,
the court. This is making unnecessary
insinuations There is TO necessity for
dragging in this testimony
Blu / consider ii pertinent" insisted
Attorney Hayden.
The court has well-drt+nrf ideas cn, this
spoudci Judge Hayden, hot!5. Il don't
care TO get into any discussion. Let's get
-~-.