The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-01-06
COLLINS NEW TRIAL.
It is Probable That Motion Will Be
Heard Friday, January Is.

Judge Hazen today fixed a date for
hearing the arguments for a new trial
in the Collins case. He has assigned
the case for Friday of next week 1t
is possible that the motion will not be
argued on that date for Judge Hazen
said today that unless Charles Hayden,
one of the attorneys for the defense
who is sick, is able to be present he
will make a new assignment of a date
for hearing the motion.
There has been great deal of in
Qniry about the date for the arguments
of the motion for the interest in the
Collins case has not abated. Every day
or two some new story connected with
the case is started, but they invariably
end in thin air.
The latest one is that in the motion
for new trial in the Collins case that
the lawyers will show that they have
startling new evidence gained since the
trial
The story is said to come from John
Wilkerson, who has been closely con-
nected with the defense and who has
always stuck to the theory that Collins
came to his death by his own hands.
The new evidence that it is said will be
given is that Mrs. Collins will take the
stand and testify that Mr.. Collins COM
mitted suicide and that she herself car
ried the gun into the hall. The reason
she did not tell this while on the stand
was that she wished to obtain the in
surance, but that now she has received
Reinsurance and she will give the testi-
mony now in order to save John Col
Inns.
The story has come to the notice of
County Attorney Jetmore and in speak
ing of it he said today: Yes, 1 have
heard this story and L understand that
it comes from Wilkerson. He has al
ways worked on the theory that it
was suicide and that was the defense
that he wished the counsel to make in
the irial of John Collins. There are
three reasons why such testimony would
be of no account and why the defense
will probably not attempt to use it.
First, Mrs. Collins would have to lay
herself open to perjury if she gave such
testimony, at the preliminary or the
trial she testified otherwise. Second.
The circumstances surrounding the case
go to show that Mr.. Collins did not
shoot himself. 1t was impossible for
MIN to do so on account of the position
of the wounds. The evidence of the
unless some one held the gun and as
sisted him and if anyone did that they
are also liable for murder. Mrs Col
Inns could not have held the gun. The
shot in her back prove that. The third
reason is that the testimony of the
negroes was substantiated by John
Collins.
ssWilkerson's theory has been that
Collins committed suicide and that in
her excitement Mrs. Collins carried the
gun into the hall 1 do not believe that
the defense will use this in the argu-
ment for new trial.
Il have heard another rumor that one
of the jurors told a man by the name
of Knight before the case ended that
they would convict John Collins but 1
do not see that that would have any
thing to do with the motion for a new
trial because one man could not con-
Wet"
Attorney A. A. GODDARD was seen and
asked about the story which it is re-
ported will be told by Mrs. Collins and
he made light of it. He said that he
had heard nothing about anything of
the kind.