Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-25
Made No Attempt to Escape.

1t was testified that after Horton had
killed Mrs. Nicholson he took a bottle out
of his pocket turned it up to his mouth,
and threw the bottle away; that he made
no attempt TO escape and said to the by
ISLANDERS, Gentlemen, don't be afraid;
did it." that police officer arrived just as
Horton was walking away from the body
and arrested him and took from his hand
penknlfe. when was open and covered with
blood; that the officer asked the defend
ant his name; WhereupOn the defendant
told him his name was Horton and the Of
ficer said, II know you; is that the NichoI-
son woman" to which Horton replied
Yes" that the officer then took the de-
PENDANT to the patrol box, some distance
away, and on the way there the defendant
recited to the officer the circumstances of
the meeting and killing; that the defend
ant was then taken to the sixth precinct
police station. and, after answering the
heterogeneous usually put to prisoners, col
lapSed, and upon the suggestion of some
one that he had taken poison he was driv-
en- hurriedly to the Emergency Hospital
and there put under an examination, which
developed that he had rot taken poison
and he there admitted that that was the
fact; that he was then returned to the no.
lice station and placed in a CELL that short
ly after being placed in the cell he was
visited by his wife and had conversations
with several officers and newspaper re-
porters in reference to the homicide and
that he said he felt better than
he had before in six months; that
he tod the officer to take the
deceased to the morgue; that he had
finished her; that she had told him she
would not meet him again, and that he had
killed her and ready for the gallows;
that he recognized the police lieutenant on
reaching the station house and shortly af-
ter collapsed and was taken to the Emer-
gency Hospital to be treated for poisoning;
that he was quickly discharged by the doe
tor as needing no treatment and not having
taken poison; that he sent for his WIFE who
killing, and he talked with her and with
others about the act; that he said among
other things, he was sorry he had not killed
Judge kimball and Commissioner Wight;
that the woman he had killed had been the
bane of his life. had lost him his place on
the police force and destroyed his home
and on her account he had lost everything:
that for a few hours after his arrest he in
quired frequently for the deceased fire.
quently signing heavily, and referred to her
as poor JAMIE and dear JAMIE" and
when his wife came said he had not sent
for her, and when she drew his attention
to his situation and suggested that he
should turn his thoughts to God he said he
would not do so, as it would be coWardlv:
that he said he had taken twelve grains of
cyanide of potassium; that he had been on
the police force from about 1883 for six or
seven years and been dismissed for in
toXcation; that in 1897 he had successfully
passed a clerical and physical Examination
and been reinstated and after a few months
been again dismissed for intoxication: that
defendant said a few hours after the ACT
that he had drank one or two whiskies and
one or two beers during that day: that the
defendant and the deceased had been init
mate for a number of years. and that the
defendant was jealous OF her.
Plea of Insanity.
Horton introduced proof tending to show
that he was insane at the time Of tho cor,-
mission of the offense.t
An important assignment of error adj
vanced by the appellant was in an excep-
ton taken to the action of Justice Clabaurh
in permitting Lieut.. John F. Kelly of the
police force to be called as a witness nv
the prosecution. The defense Objected he
cause of an error in naming his abode
The objection was founded on q statute
which provides, among other things. that
in a capital case a list of the witnesses to
be produced in the trial for proving the
indictment, stating the place of abode of
each witness, shall be delivered to the ac-
cused two entire days before his trial.
Although the statute is unauestiona hIv
mandatory upon the government. says the
Court of Appeals, reasonable limitations
upon it's letter and operation have been
recognized, and, the court adds, TT is ap-
parent from the record in this case that
the failure to give the correct place of
templates, was the result of a natural mis-
peiiant knew we'll who the witness was and
ha milo bt ha nd