The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-16
DID HE KILL HIM I?
Wilbur v. Van Horn Is Arraign-
ed for Murder.
Charged With the Death of
VIM. MOrkinsOn.
PROGRESS is SLOW.
Special Venire of Jurors Is
Soon Exhausted.
Evidence Is of a Circumstantial
Nature.

Wilbur V. Van Horn, a hack driver.
who is better known around town as
Irish Van Horn. was placed on trial
in the district court today on a charge
Of murder in the first degree.
He is accused of killing William
Morkinson. a fruit peddler. who was
Familiarity called Rabbit" and whose
dead body was found at noon on June
~ under clump of trees on the bank
OF the Kaw river and several hundred
yards to 4he northeast of the three
bridges" over Soldier creek which are
in the same direction from North To-
peka and mile and one-haIf distant.
There is nothing but cireumstantial
evidence against Van Horn, but J. J.
Schenck, the county attorney and 7
w. Wilkerson. the sheriff. believe that
II IS sufficiently strong to warrant
conviction on the crime charged. while
on the other hand, F. j. Lynch and T.
D. Humphrey, who are acting as at
torneys for Van Horn, and doing it
gratuitously at that, are Just as GER
tain that they will be able to shatter
this evidence and secure the acquittal
of their client.
Not much progress was made this
morning in getting down to the trial
of the case. In fact not even a Jury
was secured. Twelve peremptory chaI-
lenges are allowed the accused in a
ATTORNEYS
had taken advantage of six of them,
and this was about 1920 O'Clock, the
regular panel of jurors had been ex-
hausted That necessitaed the suspend
while a special venire of jurymen could
be drawn and called. This was done
Immediately by Judge Dana and the
county officials and a special venire of
20 talesmen We're drawn from the Jury
box in the county clerks office
A recess of the court was taken I'M
til one thirty o'clock this afternoon so
that time could be given for summon
ing these special veniremen- and
enough of them were on hand at that
hour to go ahead with the selection
of the jury.
Even though a jury could not be
secured from the regular panel which
now consists of about twenty men. it
asking of unusual questions on the
part of attorneys on either side. In
fact, it is seldom that jurors in a
murder case get with such brief
examinations as they were subjected
to in this one.
This may have been due in meas
ure to the fact that capital punish
ment for murderers is no longer pos
sible, under the laws of Kansas and it
is not necessary to question possible
jurors at the usual length to
whether or not they would have any
conscientious scruples in bringing in a
verdict of guilty where the punish
ment might be death.
On the part of J. J. Schenck, the
county attorney, the examination of
the jurors was most brief but to the
point. And he was satisfied with the
first twelve men called to the box. But
with the other side ii was a bit diff
ferent, although the examinations of
the Jurors on the part of the defen- |
dants' attorneys was equally brief
Most of the jurors remembered having |
read something about the case In the
newspapers at the time Morkinson's
body was found and when Van Horn
was arrested for his murder. The |
Jurors were asked by the attorneys for |
the defendant if they had formed any
conclusion from the articles they had |
read as to whether or not murder had |
been committed. If they said they had |
formed an opinion that a murder had |
been committed Van Horns attorney |
challenged for cause and the challenges |
were sustained by the court. Quite a |
number of jurors were disqualified in |
this way and when the defendants at |
torneys had taken their prerogative of /
six of their twelve peremptory chal- |
ienges the regular panel was exhausted |
and the special venire had to be drawn. |
Story of the killing.
Morkinson's body. when found by
some Union Pacific laborers. was |
with legs crossed and the head resting |
on his coat which had been carefully /
folded up. There was gaping bullet /
wound in his right temple. On the left |
side of his breast and near the neck /
was a 3S-caliber revolver with one /
empty chamber. An autopsy resulted /
in the finding of two bullets in his head
On the preliminary examination of
Van Horn evidence was produced tend
ing to show that the revolver found |
on MorkinSon'S breast was the prop
erty of Van Horn and had been taken |
out of pawn by him on the morning of
the day that Morkinson was found
dead. Evidence was also produced |
tending to show that Van Horn was the !
last person with whom Morkinson had
been seen alive. Many witnesses told |
at the preliminary hearing of seeing
them driving together on the Bechtel- !
heimer hack, which Van Horn had |
day when Morkinson's body was found.
They were going towards North To-
peka- There were other witnesses
who saw the hack go out on the Grant
Vile road in the vicinity of the Three |
Bridges" on the same morning with |
two mon on the box one of whom an
swered the description of Van Horn /
and the other of Morkinson, and that |
this hack returned with but one man |
on it and his description Tailed with I
that of Van Horn.
1t has been Van Horns contention.
and will probably be his defense, that
Morkinson stole his revolver on that
fatal morning, or rather wrested it
away from him near the Bechtelheimer I
barn, and wandered out where his
body was found and committed suicide.
Van Horn claims that he never drove
and ip is said that he will have some
witnesses to prove this
HEAVY PUGILISTS SIGN.