The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-03-27
SENTENCED.


hand and SAID:
IF the court please, before the de-
PENDANT in person makes his response
to the question which your honor has
put to him, / desire to formally present
tence at this time being pronounced
against him. 1 am aware that 1t IS an
unusual thing to file written protest
or objection, but in order that the rec
ord may show exactly what was done in
this matter, I desire, if 1 may be per-
rnitted to do so, to place this protest on
file after reading it to your honor
Mr.. Hayden then read the protest.
which is a lengthy document, and at its
conclusion he said:
Now, should your honor overrule this
protest and objection, the defendant de-
SireS to say something in his own be-
half. I ask that this may be placed on
file."
After the court had given Mr.. Hay
den permission to file the protest he
again turned to John Collins and re-
peated the question.
There was a hush in the court room
and every ear was strained ana every
eye was upon John Collins who arose
slowly from his chair and walked up 10
the bar before the judge. He drew a
small roll of manuscript from his
pocket. He began to talk. His voice
trembled like that of a person who Is a
novice as a public speaker and appear
ing for the first time before large
audience. He did not keep his eyes on
the paper but often looked Judge Hazen
full in the face. He said:
May it please the court, understood
that this sentence was not to be pro-
nOunced until this afternoon, and for
that reason l am not as well prepared
as I might have been on what 1 have to
say upon this subject. / have, how
ever, a few things to say in my own be-
half, and have committed them to pa
per so that there may be no controversy
hereafter as to what said at this time.
1 am aware that nothing 1 can say will
prevent sentence being passed upon me,
but 1 desire to say some things in my
own behalf at this time.
Il do not come here as a criminal,
hut 1 come here as an innocent man
protesting against the commission of
great injustice. I feel, although my
situation is very unpleasant, that have
some things to be thankful for. have
hosts of friends among the respectable
people of this community, and 1 feel
that I ought to be thankful for them.
I also feel thankful that l am not as
some other men are; for I had rather
have my past and my present and my
future than that of some of my ac-
cusers.
Il submit, in the first place, that I
am the victim of a series of circum-
stances, or strange condolences, some
what remarkable, perhaps, but not un-
usual. The history of circumstantial
evidence will show many stranger cases
than this of innocent men being punish
ed for crimes they never committed.
In the second place, 1 am also the
victim of a morbid public sentiment.
Your honor knows as we'll as / do the
stand that has been taken against me
by the newspapers of this community.
Newspapers are mighty mOulderS of
public sentiment and jurieS and some
times the courts are Influenced by them.
1 need not discuss the sentence you are
about to pronounce.
In the next place, 1 am at this time
as firmly as ever of the opinion that L
should have had new trial; that did
not have a fair trial in this case. I
believe now, as 1 have always believed
that the evidence in this case does not
justify the verdict which was returned
against me.
In the third place, I know that am
not guilty of the Offense charged against
me.
II have very little to say about the
first two of these propositions. But 1
submit that no man should be convicted
of any crime or any alleged crime upon
circumstantial evidence, and nothing
out clrcumStant1al evidence, when the
principal witnesses against him are no.
tOrious breakers of the law, and when
the evidence against him has been pre-
pared by man who is known to be an
unm1tigated liar and unworthy of be-
lief But as to my being innocent, I
know that 1 am innocent; know that
L did not kill my father 1 never con-
spired with johnson Jordan or any 9TH
er person to have him killed. had no
reason to desire his death; and I know
that did not desire his death. 1 wish
if it were possible, that he might come
back here today from beyond the grave,
and be before you, so you might learn
from him that am not guilty. I would
if it would avail anything. call upon
Almighty God to read my heart today
and show you that 1 am an innocent
man.
But standing here as do, have no
fear concerning my past, my present or
my future. We have not given up the
fight by long sight. 1 do not feel that
shall be in the penitentiary very long
feel that there will come a day when
tIe x-efn rDF IL
cleared away, when it will be known
who killed James S. Collins, and that 1
had no hand in that crime, when the
guilty man will be brought to justice;
when the cOnstancy of my mother ami
sister and friends will be understood
and when your honor shall feel that
when you passed sentence upon John
Collins you did great injustice; for, as
1 am to be Judged by Almighty God, L
swear that I am an innocent man"
John Collins sat down when he had
delivered his speech. There was no at
tempt at oratory but his voice was even
and we'll modulated. Judge Hazen
seemed to be greatly moved and his
next words were almost in an under
tone. He said:
AT the present time the court has
but one duty to perform, and that is to
impose sentence. The law provides
what that sentence shall be. During
the trial of this case the court gave you
the benefit of every doubt upon all
questions of law. Questions of fact
were questions for the jury, and they
passed upon those questions and re-
solved the evidence against you. In
my opinion there was sufficient evidence
to justify the verdict that was returned
by the jury.
The sentence of the court is that you
suffer death as a penalty for the Of
Tense of which you have been convict
ed; that you be hanged by the neck I'M
til dead; and the sheriff is directed to
] convey you to the state penitentiary,
there to be safely kept until such time
| as the governor shall issue his warrant
fixing the time for your execution"
Attorney Hayden said that he had a
hi Of in Of