The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-22
VAN HORN GUILTY
That Is the Verdict Of Jury in
Murder Case.
Result a Surprise to Defendant
and Others.

AT 4:10 Monday afternoon. after two
hours and 20 minutes deliberation, the
jury in the case of the state against
Wilbur VanHorn, charged with the
murder of William Morkinson on the
morning of June 10, brought in a YER
dict of in the first degree
The verdict was a surprise to many
people who had heard the instructions
of the court, and to the defendant, who
seemed to confidently expect acQuittal.
Motion for a new trial will be filed by
Lynch and Humphrey, attorneys for
the defendant within a short time.
When the case went to the jury, at
noon, after the closing argument of
County Attorney Schenck, for the state,
the jury was given three forms of YER
Gict,-murder in the first degree,-mur-
der in the second degree, and not guilty.
There was no chance for a second de-
gree verdict, as the evidence in the
case, if sufficient to connect VanHorn
with the murder at all, showed willful
and premeditated murder, or first de-
gree. The evidence was all
tial, and the instructions of the court
seemed to favor the defendant, in sew
eral particulars,-especially in the mat
ter of an alibi. The jury was instruct
ed that it did not AXE the prepOnder-
that it lid to break one, also that the
defendant should be given the benefit
of all doubtful conflict in evidence.
did not finch when the YER
dict of the jury was read by the court
stenographer, but from his cheerful
manner a few minutes before, it was
evident that the verdict came as a
great surprise to him.
While in the custody of Deputy Sher-
if Ward a short time before the YER
dict was given, a bystander, who had
heard the testimony and the charge of
the court, said: Irish, you may have
a chance to go out and buy another
pint of whitehorse before night"
Van Horn laughed and replied:
more white horse for mine / have been
withou it so long / don't seem to want
it any more. And it got me in a -
of a mess. If I had been sober 1
YOU have had better sense than to
have given Rabbit that gun. When I
get soaked I feel like accommodating
everybody, and 1 don't have the brains
to figure out anything ahead. 1 expect
to get out, and it will be an everlast-
ing lesson to me-"
John Wagner, who was considered
one of the principal witnesses in the
case, and was chased out of Kansas
City by a detective who was hunting
him. was arrested in North Topeka
about 4 o'clock, just a few minutes be-
fore the verdict in the Van Horn case
was given Wagner was walking into
town from the east, weary and foot
sore, and his shoes worn to strings He
said he tried to get here in time for
the trial, but had no money, and had
to walk all the way from Kansas City.
Officers Palmer and Wyatt brought
him to the station, and at once urned
him over to the count authorities, who
hold him on a charge of contempt of
court.
Wagner is of the men who was
riding on the lac with Van Horn and
Rabbit Morkinson, his supposed vic
tim. Another important witness, who
may yet be implicated in the murder, |
is Ted Douglas, another hack driver of
evil repute, who was seen in company /
with the murdered man on the morning
of June 10, and has since left town for /
parts unknown. |