The Lamar register., 1902-10-22
HORN ON THE STAND
ACCUSED MAN TELLS HIS STORY
Evidence Adduced to Prove an AIibi-
Horns Own Account of His Where
abouts at the Time of the Murder.

abouts at the Time of the Murder.
Cheyenne, Wyo., Oct. 1S.-Tom
Horn, who was called to the stand yes
terday afternoon. proved, SO far as he
testified, a star witness for his defense.
He will finish his story this morning
and be turned over to the prosecution
for cross-examination, which will be
his real ordeal.
Otto Playa testified yesterday that
he saw Horn at 8 o'clock on the morn
ing of the murder twenty-five miles
west of the place where Willie Nickel
was killed. The boy is supposed to
have been slain at o'clock.
Although having a number of wit
nesses to be called to-day the defense
in the Horn trial this afternoon played
its trump card when Horn was placed
on the stand to testify in his own be-
half and an almost perfect alibi was
established for the prisoner.
The evidence, while it was antici-
pated to certain extent, never
theless created surprise and changed
the aspect of the case in favor OF the
accused man. The alibi testimony, be-
ing the statements of Otto Playa and
others that Horn was seen at O'Clock
on the morning of July IS. riding his
horse near the Marble Top country,
twenty-five miles from the scene of the
killing, appeared to be convincing.
Can the state produce testimony in
rebuttal to break down this alibi and
other strong evidence brought out yes
terday in favor of Horn? is the ques-
tion asked on all sides. 1t is stated
that Judge Stoll for the prosecution
has yet to play his strongest cards.
When court adjourned last night the
defense had not finished with the pris-
oner Horn will be recalled this morn
ing and then turned over to the state
for cross-examination. when the real
test upon Horns nerves will take
place.
When Horns name was called the
prisoner rose to his feet quickly and
with firm step walked to the witness
stand and took his seat. He did not
appear nervous when he faced the jury.
the counsel and audience. but told his
stroy deliberately, hesitating only now
and then as some question was put
that he evidently did not understand.
His answers were given in a clear
voice and his language was much bet
ter than that of many witnesses who
preceded him. His story in brief, as
told in answer to questions OF coun-
sci. follows:
His home prior to arrest had been
at the Bosler ranch, and his business
was to ride the range alone and look
after the interests of his employers
He stopped at William Clay's ranch,
near Kels Nickell's place. on July IA,
1901, and from there went to Miller's
house. also near Nickell's. where he
remained until Wednesday. the 18th,
and left here about 10 O'Clock of that
day. He was mounted on his horse
"Cap" and carried 30-30 Winchester
rifle and field glasses. Horn could not
say how he was dressed then. he
wore no sweater.
Leaving Miller's. he turned up Mule
creek. directly away from Nickelrs
ranch. Seeing none of Nickell's sheep.
for which he was looking during mis-
visit to the Iron Mountain country,
Horn turned back and rode in south
westerly direction toward the Laramie
plains, going through the Nickel pas
ture. He was travelling away from the
gate at which the boy was killed. He
then went through William Clay's
pasture. passing within two miles OF
Nickell's house. He saw John Brae
that evening, after which he rode 10
the Sybille county, passing through
the ranching settlement after dark,
spendipg the night on little Drahch
of the Sybille.
Thursday morning, July loth. iIoih
went IN toward the head of the Sybille
country in the general direction OF
Bosler ranch, passing the Marble Top.
He spent all of Thursday between the
Sybille and the headwaters of the
Chugwater. Thursday night he camped
on a spring, one of the heads OF the
Sybille. Friday morning Horn went
to the Fitzmorris place and remained
near there all day watching Fitzmor-
ris and his men. Friday night he camped
on the Sybille Saturday, July 2oth,
Horn went to the home ranch at
Bosler. The same day he procured an
other horse and rode into Laramie and
stabbed the horse at the Elkhorn barn.
In answer to questions. Horn stated
that he was only Dragging when ne
made the statements he did to Joe La
Fors.
I'VE were just joshing each other" ="
said Horn, throwing bull tales at
each other.
II never had anything to do with the
killing of Willie Nickel. | never had
any cause to. never killed him.
.There was nothing serious about
nv talk with La Fors. Those men
listening on the floor behind closed
door might just as well have been win
us. | would have talked just the same
before them.
"There is no truth in the state
ments of the Denver men that maae
the remarks with reference TO the
Nickel affair attributed to me-
..The blue sweater referred to was
- .;.a payar said IL was mine.