Graham guardian., 1904-02-19
SAID II WAS A "IOSA." !"
Bu II Sent Tom Horn TO the Foe
Hunting Grounds. Review Of The
Testimony BY Supreme Court

executed in Cheyenne, WyoY on
Nov. goth, 1908, for the murder OF
Willie Nickel in 1901, we repro
duce from the Pacific Reporter por-
tion of the review of the case by
the supreme court, which Wall
prove very interesting:
On information filed in the dis
triet court Of Laramie county,
charging him with the murder OF
one William Nickel, the plaintiff
in error, Tom Horn, was tried in
said court, and convicted Of the
crime of murder in the first degree,
and sentenced TO suffer the penalty
of death, imposed by statute upon
that crime. Before sentenced was
pronounced, motion for new trial
was filed and overruled, to which
exceptions were reserved. The
grounds Of the motion, speaking
generally, were the insufiiciency OF
the evidence TO sustain the verdict,
alleged error of law occurring in
the admission and exclusion of
testimony and in the giving and
refusing Of certain instructions to
the jury, alleged miscoudnct OF the
prosecuting attorney in lis argu-
ment to the jury and irregularities
in the proceedings Of fhe jury.
The only specification Of error in
this court is that the district court
erred in overruliug the motion for
a new trial. This brings mp for
review each matter property pre-
sented to the court below such
motion, and not abandoned or
waived by failure to discuss or re-
fer to the same in the brief of
counsel. The points relied on to
sustain this assignment Of errors
will te disposed Of in their order
AS briefly as may be consistent
with tho importance Of the ques-
tions involved.
1t is contended with much earn,
estness that the verdict is not sup.
ported by. sufflcien; evidence.
This proposition was presented in
brief and upon oral argument with
unusual skill, and the same is true
of the manner Of presentation of
the other sido Of the question by
counsel for the state. Indeed on
the whole case the arguments both
for the plaintiff in error and the
state were not only able and in
structive, but displayed immense
labor and research; and it is doubt
ful, to say the least, if in any Grim
inal case this court has ever listen
ed to more able or learned argu-
ments. The deceased, William
Nickel, usually referred to in the
record as "Willie Nickel" was a
boy II years OF age, Of average
size, residing at the time of the
homicide on ranch in the neigh
borhood of iron Mountain, in
Laramie county, this state, with
his parents, Kel p. and Mary
Nickel. The testimony quite
conclusively establishes the fact
and it is not disputed, that he met
his death as the result of two gun
shot wounds inflicted by some
other person on Thursday, July |
Is, 1904, at about seven o'clock in |
the morning, at or in the proX-
unity of gate about three-fourths
of mile from bis home on the
road leading from the latter place
TO Iron Mountains. The family |
had breakfast on that morning
about 6 o'clock, and soon thereaft-
er the father, accompanied by his
brother-in-law and Mr., Apperson,
a surveyor, left the house for
the purpose of doing some survey
ing As they were leaving, Willie
was seen by them at the corral,
arranging TO go on an errand for
his father TO Iron Mountain, his
being the employment of a
sheep herder. They went in an
direction from the house
abouta mile and a half, and as they
were about ready to commence
their work they heard three shots
fired, seeming to come from the
direction of the gate where the
shooting was afterward fonnd TO
have occurred. Some remark was
made about it, Mr.. Apperson
testified that Mr.. Nickel said
to the effect that he
who fired those shots;
that the reports were too loud for
he gun carried by Freddie, a
younger son; but the matter was
given no further attention. They
I'll agree that the shots were ,
beard at about Z o'clock. Shortly
,fter Mr.. Nickel and his compan- :
ons had departed, and at about !
ialf past O'clock, or 20 minutes
o Z, according to the testimony of
Mrs. Nickel, Willie left, going in {
westerly direction, and was last
cen by his mother as be was going
round the house up the road. He !
vas on horseback. He was not
fterward seen alive by any mem Q
,er Of the household. The fact ,
hat he did n ot return that evening {
ne thu father tasti6ad a