The Elbert County tribune., 1902-10-23
TOM HORNS TESTIMONY.
On cross-ExaminatIon by the Attor-
neys of the Prosecution.


Cheyenne. wyo.. Oct 19.-In the
murder trial yesterday, Tom Horn, the
defendant, was subjected to a rigid
cross-examination lasting nearly five
hours. It is claimed by the prosecu-
ton that his testimony as to his
whereabouts at the time of the muir
der is In conflict with that of Otto
Playa, upon which the defense has
relied for the establishment of an
alibi. Horn described at much length
his methods as a detective for the
protection of cattle herds.
My object in going to the Iron
Mountain country at the time of the
Nickel killing" he said, was simply
this: l had heard that Nickel had
moved band of sheep in there and
that the flock had been trespassing on
Mr.. Coble's land. There was also a
feeling of dissatisfaction there, and
considerable grumbling was heard on
account of the sheep. 1t was the ex-
treme end of my territory that worked
this time. l worked the pastures of
small ranchmen and those of Coble
and the Two-Bar outfit both In going
to and in returning from the Iron
Mountain country"
Horn said he carried no coat slick
err or sweater. He had carries small
piece OF bacon and some dry bread at
Mud Springs when he went to Miller's
and coming from BRACES ranch We'd
nesday night he had secured the food,
passing on in the hills west OF the
Westchester place, where he spent
Wednesday night. He awoke between
and o'clock Thursday morning. He
inspected the Coble and Two-Bar pas
lures that day and reached the vicinity
OF the Fitzmorris place that night and
camped there Friday he inspected the
Fitzmorris pastures. He stopped in a
canon in the Blue Grass country on the
afternoon and cooked the last of the
bacon. He slept on the edge of the Lar
annie plans Friday night and on Satur-
day rode to the Bosler ranch and later
In the day went to Laramie. This was
on July 20.
Horn was again called to the stand
in the afternoon. He was asked II he
had made the statements to the three
Denver men regarding the killing of
Willie Nickel.
NO, never saw these men and
never knew them. At the time they say
l told those things | had my jaw in
plaster cast and could not talk"
Later Horn said he remembered ey-
erything that had ever happened to
him. This was the opportunity for
which Attorney Stoll had evidently
been waiting for. He Immediately
turned to the testimony of Horns talk
with La Fors. and asked II this CONVEX
sation took place. The prisoner said
YES"
Then the prosecuting attorney went
through the document from beginning
to end, each time asking Horn If he had
made the remarks attributed to him
and If he was in condition to realize
what he was saying. Each time his
answer was in the Affirmative, accom-
panied frequently by the explanation
that he was simply Joking with La
Fors. In answer to a question he
stated. however, that he was satisfied,
owing to previous conversations had
with La Fors. that he was asking the
questions for the purpose of connect
ing him with the crime. He admitted
that he had made every remark attrib-
uted to him, the more damaging state
ments being the following:
"The boy was killed at about 300
yards.
TT was the best shot and the dirtiest
trick | ever done.
II placed the stone under his head.
This is my sign by which l collect my
money for job OF this kind.
Il received s2.100 for three men dead
and shooting at one man five times.
II get so hungry sometimes | would
kill my mother for some grub.
killing men is my specially. look
upon 1t as business proposition, and
guess have got corner on the mar
ket in this"
On redirect examination Horn was
asked why he did not deny to La Fors
the killing of the boy.
81 did not like TO disappolnt any
one" said Horn.
The last witnesses called for the de-
fense were Proprietors Wallace and
Miller of the Elkhorn barn. Laramie.
and an attempt was made to prove that
Frank Stone, who had put Horn to bed
the night the prisoner arrived at Lar
annie. arrived the same day as did
Horn, July goth. Witnesses were not
positive as to the date. however.