Evening journal., 1903-03-25
ARE ARGUING
COLLINS CASE
Accused Man Breaks Down and
WeepS at Dramatic Recital of
His Attorney

they told him they did not know
whether the object they saw was
man or not.
Detective Francis told of the inter-
view he had with the boys. He cor
roborated Phillips story.
Mrs. Ella Hearn was recalled to re-
fute Collins statement that he did not
wear a coat. She said Collins did wear
a coat.
James Walston was called in re-
buttal for the defense. He said that
five years ago James e. Bailey, who
testified to Niblits truthfulness said
to him that he would not believe Niblet
on his oath. Both sides then closed.
Prayers Presented.
Mr.. Ward said there appeared to be
no especial prayers, the case being a
matter of fact. He1hen cited authori-
ties on circumstantial evidence.
Mr.. Richards, for the defense, pre-
sented his prayers, which were practi-
cally the same as asked by Mr. Ward.
When questioned as to how long they
would talk to the jury, Mr.. Richards
and Mr.. White said they did not want
time limit placed on them.
Opening Address.
Mr.. Richards opened for the State.
He said in part: This is the eighth
day you have been empaneled to try
| this case. All of the facts have been
produced. The nature Of those facts
can be changed by nothing the court
or we may say. All rests with you
This is an important case. just as
all capital cases are. There is nothing
: unusual in the case. It's importance
to the defendant is apparent. It in
wolves his life or his liberty. It is
important that the sanctity Of the law
be preserved. Government is deemed
to be necessary for many social in
stances. The punishment for the vio-
lation of laws is necessary for preser-
walton of society.
THE facts presented are mutitud-
ence and complex. I shall attempt
nothing in the way Of oratory. 1 shall
keep myself to the facts. Facts and
testimony are intended to appeal to
the reasonable side of a mans nature.
and not sentiment. That you win con-
slider this testimony in the clear light
Of reason the State has no doubt The
State is willing to leave those facts to
your Judgment. What I or the other
counsel may say cannot change the
testimony, as I said before. II the ar
guments of counsel do not appeal to
you as reasonable, do not regard them.
Case Reviewed.
This case presents the fact that on
April u, 1902 the wife Of this defend
ant was found dead in a stall or stable
in his premises. From the wounds
and manner in which she was found it
became evident she had been murder
ed. Upon such a finding it became the
Question: Who was the cause of the
ldeath of the woman? The defense has
been composed of two elements, the
denial of the testimony on the part of
the State and in proving certain sur
rounding circumstances. In addition
to that there has been other testimony
the object of which was to becloud the
testimony of the State. There has
been nothing essential proved by foot
prints the search Of a branch and the
passing of objects across a mill tail.
The defense proved nothing by this.
Discussed Testimony.
Mr.. Richards then reviewed this tes-
timony calling attention to the fact
that two men went over the ground
and made tracks two or three days be-
fore the tragedy
Continuing, he said: Footprints
amount to nothing unless a man is
found who has peculiar marks on his
shoes to show that he made the foot
prints. The defense did not do this.
The tracks in the branch We're seen in
the afternoon after any number of
people had walked through there. The
case.
Two Kinds of Evidence.
The State has presented circumstan-
tial and direct evidence. The latter is
admission made by the defendant in
which he admitted his guilt. Motive
is not a necessary element. 1t is usual
there is motive for such things
There are various motives. Passion
has impelled men to acts of violence
however righteous men may have been
however upright he may have been. j
use the word passion as we have
shown it in this case. The relation OF
a man to woman. True, it may be a
} man lives happily in his home for a
! time, but under certain circumstances
passion may impel a man to commit
certain acts OF violence. This impell-
AhS Aoict mas caused acts of violence
before. The testimony of the youne
2 girl who told Of the relations of her.
self and the defendant is well known
: to you. You saw her and heard the
evidence.
No Reason to Laugh.
You SAW the defendant laugh and hi,
counsel laugh. Was there anything Il
laugh about? 1t wat horrible thing
Is it a thing to laugh at? If she toll,
the truth, that truth connecting thi,
defendant is such a truth as no mar
: can laugh at. Her testimony is no
impeached. The defense sought to tn,
limit of their power. They brought n,
man here to swear They would not be
, lieye May Rhoads on her oath. Wa
her manner ON the witness stand sucl
, las to discredit her? / say not Sh'
, testified clearly, without hesitation
without leyity- She was subjected to
/ rigid cross-examination. 1t did no