The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-28


at a Topeka Capital of December % on
Friday morning, December % in the
office of the clerk of the county clerk.
The paper, he stated, was lying on
window sill and Mr.. Dickey was stand
ing over it. On cross examination Mr..
SWayze said he could only suppose that
Mr.. Dickey was reading the paper be-
cause he was looking at it, and the page
was the one which the report of the
Collins case appeared. He could not
state whether or not Mr.. Dickey wore
glasses that morning.
After the reading of the affidavits by
Mr.. GODDARD, Mr.. Hayden said he would
withdraw the affidavit of Milton Coun-
ell because he understood ne had made
his first affidavit He then asked leave to
introduce iIE,t an affidaXit made yesterday.
thing of stir among the crowd in the
MRS. GILMORE's AFFIDAVIT.
Mrs. Matilda c. Gilmore, of lawful
age, being first duly sworn, deposes and
says, My name is Matilda c. Gilmore.
I reside at No. 1924 Jackson street in
the city of Topeka, Shawnee county,
and have resided in said city about
eight years. About the month of May,
1897, L was engaged in soliciting for a
building and loan association and also
as solicitor for advertising for a new
publication which had recently been
started by Frank Root, and while so
engaged and during or about the month
of May, 1897 L called to see a negro
named Grant whose place of business
was on the north side of Fourth street,
just west of the ThrOop hotel in To-
peka- 1 think called to solicit an ad-
Vertisement from him, though I may
perhaps have been also talking with
him about the building and loan asso-
citation business. During the course of
our conversation the name of Jas. S.
Collins was mentioned, and the said
Grant talked about him and expressed
dislike for him, claiming that Collins
had not treated cOlOred people proper
ly, ard further stated to me that he,
Collins, would be killed by a colored
person or negro within a year from that
time, and that his, J. S. Collins, son
would be charged with the murder, or
that he, Grant, in the conversation said,
Now, mark my word, if he
won't be killed inside of a year. This
remark was made after he had stated
that Collins would be killed by negro
or colored person within a year and
that his, Collins son, would be charged
with the murder or accused of the mur-
der. l do not know Grants Christian
name. He is the negro who formerly
conducted a coal business on Fourth
street just west of Throop hotel, and
our conversation was at his place of
business, 1 did not communicate the in
formation that 1 had a conversation
with Grant to the defendant or his at
torneys until this 9th day of February,
1899. The reason I did not make it
known before was because I thought
what I heard Grant say could not be
used in evidence, and I did not wish to
have anything to do in the Collins case,
or be called as witness.
Il am not acquainted with the de-
fendant, John Henry Collins, or with
any member of the Collins family. I
have no interest in the result of the
trial and no inducement has been Of
fered OF promised me for making thigs
affidavit. My only reason for making
it is that the facts herein stated are
true. At the time above stated had
not attempted to give all that was said.
but simply what he said about James s.
Collins being killed within a year, and
his son being accused of the murder. In
making said statement to me this said
Grant appeared to be very much in
censed against James S. Collins and
spoke and acted as though he, Grant,
was in earnest and meant what he said,
He also said that he, Grant, would not
swear against his own race.
M. c. GILMORE"
County Attorney Jetmore, while At
torney Hayden was reading the aff1da-
Wit, had a subpoena issued for Grant.
MISS HILLS TESTIMONY.
When Mr.. Hayden finished reading
the Gilmore affidavit, he called Miss
Nettie Hill to the witness stand. A
small f1eshy woman, with features not
of the most attractive kind, answered
the name and walked with a limp to
the witness chair. She stated at the
opening of the examination by Mr..
Kansas avenue.
Q.-Do you know Juror James Stew
ems?
Al met him at 522 Kansas avenue
Q.-What month?
Al can't tell the month but know
it was the 18th day of the month.
Q.-Was it while the Collins trial was
on?
Q.-Was it upstairs or downstairs2
A.-Upstairs.
Q.-What was he doing?
Al didn't see him doing anything.
Q.-Was he drinking Intoxicating IL
quors?
Odd you at any time hear Mr..
Stevens speak about the Collins case?
Al heard the case discussed but
didn't remember of him making any re-
marks.
Q.-Was he intoxicated at any time
during the evening?
Al don't know.
Odd you have a private conversa-
ton with Mr.. Stevens?
Al didn't see Mr.. Stevens privately.
Attorney Hayden then endeavored to
introduce testimony showing that the
witness had a conversation with At
torney Frank Herald on February 8, in
which she stated that Stevens was
drunk on December Is and that he had
talked about the guilt of John Collins.
The states attorneys objected and the
objection was sustained by Judge Ha-
zen. Attorney Hayden persisted in at
tempting to get the desired testimony
but every objection of the state was
sustained by Judge HaZen. Finally
Judge Hazen became impatient at Mr.
Hayden's persistency, and rapping on
his table said angrily:
Il don't believe this man should be
dragged through court in this manner.
I'VE are only trying to show that this
man was intoxicated, your HONOR said
Mr.. Hayden.
The court will hear testimony on
this particular point but no other" said
Judge Hazen.
The examination was then continued
by Mr.. Hayden.