The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-06
Judge Hazen Refuses to Give
Him a New Trial.
VERDICT WAS RIGHT.
Jury Was Composed of Repre-
sentative Men.
Refuses to Credit the Charges
Against Them.
Sentence Will Not Be Passed
at Once.

Judge Hazen of the district court to-
day overruled the motion for a new trial
for John Henry Collins in an oral opin-
ion.
John Collins sat in front of Judge
Hazen while the opinion was delivered
His usual nerve did not desert him
He betrayed emotion whatever as
he heard the words that place him far
ther away from liberty and nearer the
prison doors. He was dressed neatly
and as usual wore a high standing col
lar. After the opinion was delivered
he was taken back to his cell in the
county jail.
At the conclusion of the statement by
Judge Hazen, Attorney General GODDARD
arose and asked that the sentence be
deferred, Mr.. Hayden was not pres
ent and they wished for time to con-
slider future action in the case.
Judge Hazen said he would defer the
sentence as requested, and the formal
entry of his action in Overruling the
motion for new trial was not made:
After Judge HaZen had discussed the
law points raised by the attorneys for
John Collins and overruled them one
by one, he took up the charges made
in the affidavits, and said:
'It is urged that there was mlscon-
duct of the jury in this case. 1t was
apparent to all prior to the calling OF
this case for trial that a special ven1re
was necessary in order to get a jury
The judge of this court was asked to
select the names to make up that Ven1re
and we determined that fifty extra
jurors would be necessary, and special
care was taken in the selection of those
names that we might have men OF
character and integrity, so that what
ever the result of this case might be
it would be known that the defendant
was tried by a fair and impartial jury.
Out of these names the jury was Sc
Iected, and L believe it was commonly
| accented by people who visited the
| court during the trial of this case that
| there never was a better jury impan-
eled in Shawnee county than the jury
| that tried this defendant. They were
| honest, conscientious men, representa-
tive men in the neighbOrhoods in which
they live, and / have no doubt put
they did their conscientious duty When
we consider the fact that the jury was
composed of this class of men, the court
must look we'll to the charges that are
made against them in the form OF am
daVits. L have no hesitation in holding
in this case that from the testimony
offered upon the hearing of the motion
for new trial there was no misconduct
on the part of any juror in this case
Many of the charges that were made
against these men were not supported
in any respect, but wholly fell to the
ground. Aff1daVitS were furnished that
bore upon their face the stamp of falsi-
ty against these men, and for that rea-
son the court under the circumstances
can not find that there was any mis-
conduct on the part of these jurors.
1t would be hard for the court to believe
that such men as Butner and D1ckey ana
Miller and Stevens had deliberately Vlo-
lated the instructions of the court, when
thay were admonished time and again
that they should not talk about this
case Tt seems to me that the evidence
falls far short of showing that there
was any misconduct on their part
II have no doubt but these men
would have gladly returned verdict
in favor of the defendant If they couId
have done so conscientiously; because
they were men of families, and to return
the verdict they did was calculated, IN
a certain way, to cause men TO lose taith
in humanity. 1 feel quite sure that it
would have been a pleasure to the jury,
and I know it would be to the court,
if, under their oaths, they could nave
returned a. verdict of not guilty. But
under the testimony in the case, 1t
seems to me there was nothing left Tor
this jury to do except to return the YER
dict they did. They could not nave con-
scientious1y done otherwise, IN my opin-
ion, because the evidence Enthusiastically
pointed to the guilt of the defendant
There could be no mistake about it. The
fact that twelve men of the character
of these jurors in this case should ar
rive at a unanimous conclusion as they
did, and that he was guilty OF murder
in the first degree, is a remarkable con-
dition of affairs; and feel sure that IL
could not have existed If 1t mad not Deen
that when the evidence was closed, IN
this case, there was not doubt left IN
the mind of any juror that the DEFEND
ant was guilty. L approve OF the YER
dict. I wish it were otherwise; because
charge the defendant; but when a duty
rests upon men they must perform 1t
irrespective of results.
I'm my opinion the defendant has had
a fair trial, fair a trial as ever a
man had in court. know he has been
given the benefit of the doubt upon
every proposition of law, and feel sure
he has been given the benefit of the
doubt upon every question Of fact by
the jury.
has but one duty to perform, and that
is to overrule the motion for a new
trial.
No time has been fixed for passing
sentence. There is no alternative in this
matter for when John Collins is SEN
fenced it must be for murder in the first
degree and that means that he will be
sentenced to be hung. This really means
a life sentence in the penitentiary for a
criminal can not be executed in Kansas
without the warrant of the governor
and this the governor never signs
The only thing left for the attorneys
of John Collins is to take the case to the
supreme court.
Duke of York Will Wait