Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-25
THE APPEAL DENIED.
Judgment of Ibwer Court in Horton
Cass Affirmed.
VILLAPPLYPOR EIECUqIVECLEM
History of cdmeS of Which De-
PENDANT Was Convicted.
PLEA OF THE DEFENSE

In an opinion written by Mr.. Justice Shop
ard the Court of Appeals this afternoon
affirmed the judgment of the lower court in
the case of George w. Horton, convicted of
the murder of Mrs. Jane Nicholson. IN
less the President shall interfere, and 1t is
understood that steps are to be taken to
bring about the exercise of executive elem
ency In behalf of the condemned man, Hor-
ton will be hanged at the District jail Fri
DAY, the 10th of November.
Having not been able to find any revers-
ible error in the proceedings In this CASE
says the Court of Appeals in concluding its
opinion, the Judgment appealed from will
be affirmed"
The murder of Mrs. Nicholson, one of
the most revolving deeds in the history of
crime, was committed in Armory Square
the 24th of June 1893. Horton, formerly
member of the metropolitan police force
was indicted, brought to trial and found
guilty as charged. His motion for new
tfial was overruled June 6 last and he
was sentenced to be hanged on the 10th of
next month. From that Judgment he ap-
peaieu. counsel argued the appeal very
luily last week, and in view of the near
approach OF the day set for the execution
the Court of Appeals did not delay in franz
'hS anu announcing its conclusions.
History of the Crime.
Unusual interest was manifested in the
trial of Horton, which occurred before Jus
tice Clabaugh in Criminal Court No 1. The
United States gave evidence tending to
prove that Jane Nicholson was killed by
Horton by cutting her throat that she had
at least a dozen wounds above the waist ;
mat TWO OF them were fatal, and that there
were severe wounds on both hands; that
one witness testified that the deceased and
the defendant had been in the same park
on the evening previous to the killing and
had apparently been quarreling and were
apparently quarreling just prior to the kill
ing: that Horton struck Mrs Nicholson
with MS knife and then walked away and
returned and pulled up her head and ap-
peared to wash his hands in the blood
mat he knelt upon or beside her body and
cut her repeatedly and stabbed her; that
AT the time he struck her with the knife
there were present only one man and one
woman, and she screamed; that the knife
used was a penknife; that immedia tely
other people gathered at the scene and
those present appeared to be struck dumb;
that after Horton had first struck Mrs
Nicholson he walked around her body and
returned and again cut at her throat and
drew out portions of the neck and cut
them.
1t further developed at the trial that at
the time there We're persons present who
might have prevented the cutting last re-
ferred to, but they seemed afraid to do so;
that Horton appeared to be angry-one
witness said savage and another said he
appeared to have mad frenzy on him.
After Horton had first struck Mrs
Nicholson, it was testified she said to him ::
Don't kill me- in very low tones; that as
Mrs. Nicholson was dying Horton grasped
her hand and said: Goodbye, old girl;
you will never deceive me any more, and
folded her hands across her breast: that
he also said: II am done with you" that
he also said before the last cutting: Are
you not dead? If you are not l will kill
you that he further said: "D-n you;
you can't die, can you? I will see;" that
will finish you. and also said: "Good-bve
Jane; goodbye; you are gone. goodbye"