The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-27
REBUTTAL.
Attorneys For the State in the
Collins Case
File Affidavits Which Appar-
emily Overthrow
DEFENDANTS HOPES
Of Obtaining a New Trial on
Grounds Set Forth.
The Man NellO Appears to Be a
Myth.
DEFENDANTS HOPES


the contentious made by the defense
in support of the motion for a new
trial
James z. Nello, the man who made
a sensational affidavit concerning a
conversation he heard between johnson
Jordan and another man seems to be a
rather uncertain Individual. He claimed
to live at 240 South Tenth street, Den
yer, and the following affidavit is made
by Miss Lille Bradbury:
II live at 240 South Tenth street, in
the city of Denver, state of Colorado,
and have resided there with my family
for the past three years.
Il am not acquainted with James E.
Nello, and do not know him My fam
lily occupies the entire portion of the
building at 240 South Tenth street afore-
said, and L know that the same was not
the home of James E. NellO, during the
time we have lived there, and that he
nor his mother have not occupied said
premises nor any portion thereof dur
ing that time, and that the same is not
their home and has not been their home
since myself and family resided there"
Arthur Martyr, captain of the met
ropOlitan police in Denver makes the
following affidavit:
I have lived in Denver fifteen years.
am captain of the metropolitan police
of said city of Denver, Colorado, and
have been connected with the police de-
partment for ten years last past. I am
generally acquainted with the people of
said city of Denver. I am not acquaint-
ed with James E. Nello, who made af-
fdavit in the above entitled action, and
in which I am informed he stated he
resided at 240 South Tenth street, in
said city of Denver, Colorado, and that
his home was at that place with his
mother. and that he is a. professional
bicyclist.
q have made inquiry and have had
Investigations made by the men in my
department and have been unable to
find the whereabouts of said James E.
Nello, at 240 South Tenth street in this
city, or any place else.
L have examined the city directory
of the city of Denver, Colorado, and his
name does not appear in said directory
and am unable to locate him at any
place in said city of Denver or learn
anything of his whereabouts or that
said James E. NelIo ever resided in
Denver, Colorado"
Deputy Sheriff W. E. Stewart of this
city says in his affidavit, dated Feb
ruary "a:
Il went yesterday, at the request of
the county attorney, to every house in
the city of Topeka west of the Santa
Fe round house and as far west as
Kansas avenue, and from the Kansas
river as far as First street, the north
side thereof, and inquired at each house,
which had an ell projecting nearer the
street than the porch, of all the resi-
dents thereof, and no one knew any
thing of James e. Nello except what
had been printed in the newspapers"
Juror Charles Stevens, who was
charged with drinking in joints and be-
ing intoxicated frequently, made the
following affidavit:
Mr.. Sage and myself were alone in
the room and Mr.. Sage produced a bot
tie of beer, of which I drank glass
minutes, L told Mr.. Sage I would have
to go home. L babe him goodnight and
went Immediately to my room at the
corner of Sixth and Jackson and went
to bed.
This glass and a half of beer was
all the Intoxicating liquor I drank that
day or night. 1 was not under the in
fiuence of liquor. 1 was not intoxica-
ted and had drank nothing in the way
of fntOxicants at the time this party
was in the front room at Lytle's place.
1 do not know George Brindle or Abe
Fulford and never saw them to know
them. George r. Brindle did not see
me drink any beer that night. 1 was
with Mr.. Sage on the evening of about
December Is, neither did A. K. Fulford.
1 never told him or anyone else during
the course of the evening that I was
one of the jurors in the Collins case and
1 never stated to him or to anybody
else that the defendant, Collins, was
guilty. That said affidavit of George r.
Brindle in this connection is absolutely
false.
This beer. the glass and a half which
I drank in Mr.. Sages room on the even
ing of about December 15 1898, is the
only intoxicating liquor I drank during
the trial or the Collins case.
Il further state that paid strict at
tention to all the evidence introduced,
the instructions of the court and the ar
guments of counsel on the trial of said
cause and that while I may have had
my eyes closed on account of bad light
or otherwise during the trial, argument
and instructions OF the court, 1 was not
asleep or doing but was paying atten-
ton to the proceedings being had be-
fore the jury"
The affidavit of Mr. Stevens is con-
firmed by the affidavits of Albert w.
Sage and by Mr. and Mrs. F. w. Ly-
tie, who rented the rooms to Mr.. Sage.
Milton Council, the well known con-
tractor makes the following affidavit:
Il am the same person who made an
affidavit for the defendant, John Henry
Collins in support of his motion for a
new trial in the above entitled case.
Said affidavit is misleading and incor-
rect and 1 make this affidavit for the
purpose of correcting the same and that
the facts may be properly stated and no
injustice done to anyone. did not in
tend to state in said affidavit that ION
several occasions while said trial was in
progress L heard said John Dickey men,
ton portions of the evidence which had
been presented upon said trial and
make remarks concerning the same. Il
never did hear the juror John Dickey
or r. S. Butner talk about the Collins
case or discuss the evidence while said
case was on trial and before said YER
dict was rendered. Neither did L ever
hear them either of them express an
opinion to the guilt or innocence of
the defendant or make any derogatory
or improper remarks about the defend
ant, further than to say that the case
was all one siC$d. That whenever any
of the members of our family would
start to talk about the case, Mr. But
ner would caution them not to do so in
his or Mr. Dickey's presence. 1 saw
nothing on the part of Mr. Dickey or
Mr.. Butner of an improper nature or of
| IMPROPER conduct hi Ia