The Topeka state journal., 1901-08-27
FOR JOHN COLLINS
r. B. Welch VIII Try to Get
Him Out of Penitentiary.
To Ask Supreme Court For
New Trial.
DID NOT HAVE TIME.
Says He Was Prevented From
Appealing His Case.
VIII Ask For Pardon If AppIi-
cation Fails.
DID NOT HAVE TIME.

R 3. Welch has been retained BY
Mrs j. s Collins as her attorney to
commence proceedings to secure the re-
lease Of John Collins from the state
penitentary. Tt has not been definitely
settled what course will be pursued,
but it is hoped to secure a new trial Oh
the ground that insufficient time was
given at the time of the trial to present
a. transcript and appeal the case to the
supreme court. In case this plan fails,
then efforts viii be put forth to secure
a pardon from the governor.
John Collins has been in the peniten-
tiary since January, 1892 The efforts
which are now being made to secure
his release are not unexpected, it hav-
ing been freely stated by his friends
from the time of his conviction that he
would not spend more than five years
in prison. There viii no doubt be great
opposition to an unconditional pardon,
but the new trial plan seems to prom
ise the surest means of relief for the
young man who now stands with i
death sentence hanging over his head.
r. B. WEIGH gave out the following
statement today:
1t is true that our firm has been re-
tanned to assist Hayden & Hayden Of
HOlton in attempting to secure a new
trial for John Collins. Our hope of sue
cess is based upon the fact that the
laws Of Kansas contemplate that every
man who Is charged with felony has
the right to have his case reviewed by
the supreme court, and especially is this
true when a man is tried for his life
Without fault on anybOdy's part
Johns trial ended ten days before the
close Of the term and the beginning of
the next term. AT that time the law
required that the bill of exception be
10 f71y nn
trial was had. There was no way by
which the term could be extended, and
the court stenographer, Mr.. Cav, re-
ported that it was a physical impOsSl-
bility for him to write out the bill of
exceptions If he had nothing else to do
and in addition he had his regular court
mere accident of the trial ending at the
close of the term John Collins was pre-
vented from having his case reviewed
by the supreme court 1t is true that at
trial was overruled. and some other
proceedings were had These matters
might have been taken to the supreme
court, but he is entitled to have his
entire case reviewed by the supreme
court; that was a physical impossible
ty under the circumstances.
During the long trial. lasting some
five weeks, there were many objections
made to the rulings of the district
court which Mr.. Collins desired TO
have reviewed by the supreme court.
We have no complaint to make of
Judge Hazeu- We think him one of the
most capable judges in Kansas, but
any one is liable to make mistakes in
the heat Of a trial: the only wonder is
that more mistakes are not made.
I'VE VIII probably soon apply for
writ Of coram nObis- 1t is an open
question whether this lapse of the law,
or peculiar combination of circum-
stances. or whatever you choose to call
it, which prevented Mr.. Collins from d
review Of his case by the supreme court
entities him to that writ but by some
process he surely ought to be heard
when his life is involved.
"The trial occurred shortly after the
homicide Of Mr.. j. S. Collins, and when
public sentiment was at fever heat for
the punishment of some one for the
crime. There is no man in
the city who would hang his
dog on the testimony Of the profession
al criminals who gave the most dam
aging testimony against him. In the
light of cooler moments when our best
judgment has full sway, the most that
the states evidence did was to raise a
suspicion that John might be guilty.
But we do not wish to review the case.
Courts and Kansas people generally are !
fair. He ought to have all the rights
that are accorded to any other person