The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-06
CAN BE RELIED UPON.
Another Witness Turns Up Who
Heard Murder Planned.
A Host of People Apparently
Thirsted For His Blood.
Motion For New Trial May Not
Be Argued For Some Time.


ing by Attorney Charles Hayden.
There is only one affidavit which does
not relate to the misconduct of jurors
and that is made by man named
James Nello who claims to live in Den
YER His affidavit is along the same
line as the testimony of the man who
heard plot to kill ]. S. Collins while
under box car at Burlington.
His affidavit is as follows
about the fifth, sixth or seventh day
of May, 1898. was in Topeka At that
time I knew johnson Jordan by sight,
having known him on my former trips
to Topeka On the evening in question,
either the fifth, sixth or seventh of May,
1 was in Topeka and was at a house
a short distance west of the Santa Fe
round house; was sitting on the porch
talking to a young lady. johnson Jor-
dan came along in company with some
cO1ored man he called Jess
"They stopped almost in front of the
house where L was sitting on the porch
and 1 heard the cOlored man who was
with him say to Jordan: How are
you going to do it, Jordan?" Jordan
replied: You d fool man, I amt a
going to do it. Jolly is going to fix
him. The colored man who was with
him then asked if he could depend on
jolly. Jordan replied: yes, jolly and
1 have been mixed up before Jordan
then said: 81 told him old man Collins
always carried it with him. Jolly prom
Used me he would do the job The color
ed man called Jess, then asked JORDAN
if he was sure on Jolly. Jordan said:
Yes, Ben is going with us. Edith knows
jolly we'll Jess then said d it, what
do you want to let that wench in on it
l can trust her. The colored man then
asked Jordan what he was going to do
about the watch. Jordan said: I'm
not going to do anything about it, The
coIored man then said: The kid is
raising h about the watch Jordan
said: Let him go to h. I am going
to keep it, He then said: Ben will go
| with us. Jolly will go into the alley
with the buggy. I will go to the front
of the house and if any noise is made,
will run across the street, and you look
out for yourself as can make my get
away; you know I am hot-footed.' He
also said that he and Edith would go
out tomorrow evening" and that he
would probably not see him till the
night they would do the lob. At this
time he gave the colored man whom he
called Jess some money. 1 could not
tell how much, but I heard the silver
Jingle, and then Jess said: Well, if you
are sure of Jolly, it all goes He also
told Jordan he would meet him at Macs
place L am satisfied that from my
position, sitting as [ was back in the
porch, they did not see me during the
time they were having this conversa-
ton. The porch is in front of the L
part of the house and the main part
of the house extends out nearer the
street than the place on the porch
where / was sitting
1.-The next day after this conversation
went to Kansas City and did not
know of the fact of Mr.. Collins being
killed or of John Collins being charged
and tried for the murder of his father
until I happened to notice an account
of it in a Kansas City paper about
Christmas eve think it was on Christ
mas eve when / saw an account of 1t
in Kansas City paper which contain
ed a, picture of johnson Jordan. In 4
! few days after last Christmas eve L
wrote to Mr. A. A. GODDARD, one of the
attorneys for the defendant in regard to
| what knew of the matter, but not
| ceiving any reply from him until this
| oath day of January, 1899, I did not
| have any interview with him; but to-
! day 1 came to Topeka and stated to
| him all knew in regard to the CONVEX
| Sation which 1 heard in the early part
! of last May between Johnson Jordan
| and the colored man he called Jess as
| stated in the above and foregoing aff1-
| davit.
81 am not acquainted with John Col
| Inns, the defendant or with any MEM
| bers of his family, and have no interest
| in the result of this trial, but make the
| above affidavit of the facts known to
| me simply because they are true and in
| order that justice may be DONE
NJ. Council. the contractor and his
| wife, make affidaVits concerning a con-
| versation between r. S. Butner and
| John Dickey, both jurors in the Collins
| trial. Mr. Council says that he heard
| John Dfcl<ey mention portions of the
/ evidence during the progress of the
| trial and that he said he did not think
| it would take long to agree upon a YER
| dict. He said the evidence was zone
| sided.' Mrs. Council affirms what her
| husband says and says that Dickey
referred to John Collins as "a dude
! during the progress of the trial Both
| say that Mr.. Dickey read the State
| Journal while the trial was in pro-
! gress.
| There are two affidavits concerning
| Juror John A. Miller T. F. Ricken-
| hacker says that he heard Miller dis
| cuss the evidence while the trial was in
| progress. Mrs. Victoria Griffiths sup
| ports what Mr.. Rickenbacker says in
| the following affidavit:
! said Juror Miller called at the resi-
/ dence of my mother two or three differ
| ent times and on one occasion while
said trial was in progress and before
| the close of the testimony offered on
/ the trial, this affiant and the said Juror
| Miller, and Mrs. Carruthers, atlantis
| mother, had a conversation in regard to
| the trial, in which 1 stated to Miller
| that l did not see how a jury of farm
! ers were in a position to judge of a fell
| low of town. that they were in different
| classes altogether. Mr.. Miller replied
| that they could judge about it as we'll
! as anyone or words to that effect. Dur
| ing the same evening we were talking
| about the differences between town
| boys and country boys and Mr.. Miller
| said that town boys thought too much
| about dress and spending money, and
| not enough about work, and that the
! town boys thought too much about go
i ing with girls and spending money for
/ them. From what he said about town
| boys and country boys 1 inferred and
I came to the conclusion in my own mind
/ that he was prejudiced against town
/ boys in a class"
| James T. McCabe, A. A. Townsend,