The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-19

to questions by Attorney Lynch, gave
an account of his movements on the
day when the murder was supposed to
nave been committed. He SwOre that
he had gone to bed at the Arlington
hotel at 1890 on the night of June 1 8,
and was sure of the time because he
had later asked the night clerk. Ed
Johnson, to make note of hour of his
retirement. When cross examined.
VIII Van Horn became confused by
the rapid fire of questions by County
Attorney Schenck, but managed to
stick in a general way to his original
statements. The boy was suffering
from severe nervousness, but gave the
impression that he was trying to tell
the truth. His connection with the
case was through the testimony OF Ira
Orner of Oakland, who testified that
on the night of June Is, while waiting
for a car at the corner of Fifth and
Kansas avenue. he saw Will Van Horn
talking to his brother, the defendant,
near the postoffice. The time was
1885. The cross examination intended
to show that Van Horn had arranged
his alibf to the incident before it was
publicly known that Orner would tes-
tify to the occurrence. When Van
Horn said that he asked the night
clerk at the Arlington to make a note
of the time he went to bed on the
night of June IS, he explained by
saying that policeman had read from
a newspaper in his pres ence that Orner
street. The prosecution raised the
point that the feature of Orner's testi-
mony was not exposed until atter the
preliminary. ten days later. 1t is
fact that Orner's statement was pub
lished within three or four days after
the murder, but Van Horn was SO pad
ly mixed that he could not explain TINS,
and could only stick to his original
statement. During the two hours ne
was on the stand the younger Van
Horn was so badly ratified by the cross
examination that he was weak ana
sweating profusely when finally let go.
He was followed by Ed Johnson, the
night clerk. whom he named. The
clerk corroborated his testimony by
swearing that Will Van Horn went to
bed at 1890 on the night of June ~,
and that Van Horn had later called his
attention to the incident.
g gainst Wilbur Van Horn, the ac-
cused, is circumstantial. The most
damaging evidence shown was the re-
volver found upon the breast of VIII
Ian. Morkinson. better known by. the
nickname Rabbit who was evident
ly murdered. A clerk in Abe Jacob
sons pawn shop identified the weapon
as the revolver Van Horn had taken
out of pawn the day before the muir
der was discovered, and Frank Keith,
former proprietor of the drug store at
4O4 Kansas avenue, testified that on
the morning of June 10, about 1880
o'clock, Van Horn had come to him
to get a pawn ticket for revolver
Keith gave him the ticket, when ne
had been holding for Van Horn.
The prosecution was very anxious
to get hold of John Wagner, a mack
man who was seen with van Horn on
the morning before the murdered man
was found near Three Bridges.
Wagner was considered either good
witness or a possible accessory to the
crime Wagner left town after the
preliminary in July, and was last
heard of in Kansas City. detective
was sent to run him down last Week
but he had escaped from Kansas City
for parts unknown. and the case had
to go on without him. The testimony
Wagner gave at the preliminary ex-
animation was admitted as evidence.
The testimony of Elmer Krone, an
other missing witness, was also read
from the transcript. He testified in
the preliminary that he saw Van Horn
md Morkinson together on Van
Horns hack in North Topeka