Rocky Ford enterprise., 1902-10-31
HIS NECK NEARS MOOSE
MURDER IN THE FIRST DEGREE
Horn Found Guilty on Sixth Ballot
I Prisoner VIII Move for a
New Trial.

New Trial.
Cheyenne. Wyo.. Oct. 2i.-Tom Horn.
stock detective. was found guilty OF
murder In the first degree for the kill
Ing OF Willie Nickel ON July Is. 1901.
The jury retired at the close OF
Stoll's speech yesterday morning Mt
Just ll:27. They ate dinner at tho
Inter-Ocean hotel and went back To
their room which they have occupied
for lust two weeks. Al i:20 the news
was fnshed over the city that YER
dict had been reached. aud In 1--WE min
utes thero was a crowd In the small
court room. The jury filed In at 4:32.
and a few moments later Horn. with
anxious look and quick step. entered
the room.
At s:35 Judge Scott ordered the roll
call. and then said: Gentlemen OF
the jury. have you arrived ut n YER
dict?"
I'VE have. your honor" replied the
foreman. II. W. Yodcr.
Give me the verdict. n you please"
Judge Scott read II with n perfectly
impassiyc face and passed II To Clerk
Fisher. Read II aloud. IL you please.
Mr.. Clerk" said the Judge.
The people OF tn. state Of wyom-
Ing against Tom Horn. Indicted for tho
crime OF murder In tn. first degree.
We. the undersigned jury, impanelcd
to try this case. do ind the defendant
guilty OF murder In the iirst degree. as
set forth In the charge"
rs that your verdict. gentlemen OF
the jury?"
1T In. your honor"
That was all. The Jury had done Its
work and was discharged. tho crowd
melted away and Horn was taken back
to his cell
Everyone was surprised. That tho
jury would not disagree was not
thought Of by any on. except the most
sanEulnc. They had good foundation
for their belief. too. for II took sig bal
lots to bring about verdict.
Some day next week counsel for
Horn will move for now trial. This
will he refused and Horn will be scn-
tcneci. Then an appeal will be taken
md n stay of execution asked for and
probably granted. Under tn. law oe
Wyoming the only penalty Ii death.
Meanwhile Horn will remain In tho
custody OF Sheriff Smallcy In III. coun-
~ jail.
Tom Horn stood II like n stole. Tho
wonderful ncrv. that he has exhibited
during the entire trial has not desert
ed him and he had Hmii. for friend
when he left the room. All eyes wcro
upon him when ,hr verdict WINS read.
but he did not bianch nor did h. giso
sign that he had even heard. His at
fornoys were bcwiidcf-d. They had
fought hard hsht and had placed
seemingly insupcrabic obstacles In tho
path of the prosecution. but they had
lost. -lt was a Aurpris. and dis
tasteful one" said Judge Lacey. but
We must grin and bear u. We arc not
beaten yet and will undoubtedly mp
prni II on error. The case will 40 fur
ther."
IL Is learned from an authority that
cannot be questioned tina, Tom Horn
admitted less than n week ago that ho
was Mt the KAT. Mt tho time Willie
Sickcli was killed. He said he did not
kill the boy. but that Victor Miller did.
Horn Raid that he went to the Iron
Mountain country for the purpose of
laying for old man Nickcil." and that
while Horn wns Hccrcted there In tho
draw near ,ho gate waiting for Nick
ell to come along. the Miller boys kept
him supplied with food: that on tho
mornin. Willie Sickcll was killed ho
JHorn) was late in arriving at tho
place where he was to receive his
breakfast from his accomplices. and
while making his way alon. the draw
he suddenly met Victor Miller. who
was armed with n .J0-.J0 Winchester
rifle. and who said:
Tom. have killed Willie Nickel.
and what am TO do about III"
Horn aniI ha rentis,i that he had
better go along about his business and
keep his mouth shut Before parting
with him. however. Victor Miller. no
Horn said. told him all about the KILL
ing. how the boy came mp to the Eato
and was shot while opening It.
This story Is alleged to have been
told by Horn. and II believed to hayo
been the inspiration for Judge Laccy's
remarks to the jury during his closing
argument. wherein he stated that Horn
did not Kill the boy. but that Victor
Miller did. This story also explains
the Significance OF Horns remarks to-
night when he said that he did not Kill
the boy and that sooner or later tho
people would know the facts.
Prosecuting Attorney Stoll intimat-
cd tonight in an interview that tho
witnesses who perjured themselves
would be punished. and II Is believed
to be tho intention OF the authorities
to not only punish these witnesses. but
to also punish the men who are alleged
to have engaged Horn TO commit tho
diabolical crime. II Is said that tho
state now has sufficient evidence To
warrant the arrest OF at least three
persons ms accessories and sensational
developments arc expected at any time.