The times., 1899-05-25
ARGUMENTS begun
IN THE HORTON TRIAL
Opening Address of Assistant
District Attorney Laskey.
The narrowing Details of the Crime
Recited Before the Jury.
Five Requests for Instructions to
the Jury submitted-Summary
of the Testimony.

The fate of George W. Horton, who is
on trial for murder in Criminal Court No.
| l, will be in the hands of the jury before
the sun goes down today. The crime for
which the defendant is on trial was COM
mitted on the afternoon of June "a last,
and for brutality it is unequaled in the .
criminal history of the District. His vic
tim was Mrs. Jane Nicholson. with whom
it is said he had been on terms of inti-
macy for several years.
The trial began Tuesday a week ago,
and, to say the least of it. the proceedings
have been extremely uninteresting On
behalf of the prosecution numerous wit
nesses testified as to the manner in which
the defendant murdered Mrs. Nicholson,
and rehearsed the details of the killing and
the causes which led to it, Horton has
claimed insanity as a plea of defence and
numerous witnesses, including members of
the medical profession, have testified that
in their opinion the defendant is insane
and was so at the time he killed Mrs.
Nicholson and, consequently, is not legally
responsible for her death. The defendant
does not deny the killing; in fact, within
an hour after he committed the deed it
was stated in evidence that he said that
he killed Mrs. Nicholson because she was
untrue to him and ne was willing and
ready to suffer the consequences.
The witnesses who testified to Horizons
insanity related many incidents which
happened during the last twenty-five years
as the grounds for their belief. Among
the reasons given by some of the witnesses
for contending that the defendant is of un-
sound mind are: That while he was a
boy, once during the month of July or
August, he undressed and went into the
water; that he was very fond of n pet
squirrel, and buried it when it died; that
while member OF the Metropolitan police
force he fired his pistol into the air; that
he frequently fired at a mark with his pis
to along the river front; that he several
times carried his extra policeman's helmet
from the police station; that he would
write and read reversible" poetry; that
he would show temper when his dinner
was not ready, and that he once told a
friend that he was acquainted with a man
whom the friend did not remember hav-
ing met. In addition to this. several ply
sicians were called on by the defence to
give testimony as to Horizons condition
of mind. These. without exception, gave it
as their opinion that the defendant was
mentally deranged The physicians, how
ever, differed as to the particular kind
of insanity suffered by Horton; at least
they considered it differently, and gave it
different names. One called it love
melancholy another "hysteriacl in
sanity" still another moral insanity
and lastly it has been called ''paranoia'' by
DR.. Irving c. Rose. The DOCTOR however
it is understood, never examined the de-
fendant. but based his opinion on what he
was informed were the symptoms mani
tested by Horton at different times, and
also from his observation of him in the
courtroom. All the. salient facts in the
testimony in the case were presented 10
DR.. Rose in the form OF hypothetical
question, and assuming the statements
made to be correct he said he was of the
opinion that the defendant is suffering
/ from 4 form of insanity known as para
noia.' The defendant was also examined
by medical experts at the instance of the
| Government and these, after careful in
vestigation, announced that they believed
the defendant to be sane.
When the hearing was resumed yester-
day morning two witnesses We're called by
the Government. The first was Joseph Car
ter, member of the Metropolitan Police
force for about twenty-five years. He
states that he had known Horton for some
time before the defendant was dismissed
from the police force From his CONVEX
sations with Horton and what he knew of
him he was of the opinion that the defend
ant was of sound mind.
James L. Pugh, jr., prosecuting attorney
in the Police Court, stated that he knew
the defendant, Horton, very we'll Horton
( had been before him as police trial officer
| on the charge Of intoxication. The witness
also stated that Horton as an officer often
IN -CI Tglg h..
cutting witness for the Government and
| from his knowledge OF the defendant, Mr..
| Pugh said, he is satisfied that Horton is
of sound mind.
At this stage Of the proceedings Assist
ant District Attorney Shilliugton announc-
ed the Governments case closed. and the
counsel on either side submitted requests
10 the court for instructions to the jury as
to the law governing the case.
Three requests for instructions to the
jury were submitted by the defence and
two by the prosecuting attorneys. The
attorney for the defence stated that the
instructions asked for were substantially
the same as the prayers admitted by Jus
tice Cox in the Guiteau case. Assistant
District Attorney Laskey differed from the
counsel for the defence. claiming that the
instructions were not the same as those
submitted in the Guiteau case, but were
rather a compilation made from the charge
to the jury b. Justice Cox in the trial
referred to.
After brief discussion of the prayers
| there were some changes made in the con-
struction OF the wording by the court and
| the instructions then admitted as sub
| mitted.
! The opening address to the jury on be-
! half of the Government was made by As
slstant District Attorney Laskey who, in
| the beginning, related the circumstances
under which the murder was committed.
| Reviewing the details of the killing of Mrs.
Nicholson on the afternoon of June "a last
| Of Horton and the deceased in Armory
| Park, a few minutes after p. m. He
| then described the relations which are sup
| posed to have existed between them for
several years before the killing Mr.. Las
| key rected the narrowing details of the
murder, telling how, after stabbing the
woman to death, and when life was actual
| ly extinct. the defendant pounced upon the
! PROSTATE form of his victim as il lay in the
roadway. and again mutilated her body and
| face by inhicting several ugly gashes He
| described how Horton inserted his fore
finger under the jugular vein of the woman
and raising IL, severed it with the knife
which he still held in his hand. Next he
| told Of Horizons actions during the opera
tion of the killing and Immediately after
ward.
The story of the crime as developed by
the testimony was related by Mr.. Laskey.
| After the woman had fallen to the ground
/ he again attacked her and not until the
| last spark of life was extinct did he cease
! his fiendish work. As he rose from the
PROSTATE form of the dead woman Horton
| looked at her for a moment and said: