The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-23

great injustice. I feel though my po-
sltlon IS very unpleasant, that l have
some things to be thankful for. I have
hosts of friends among the respectable
people of this community, and l feel
that ought to be thankful for them,
l also feel thankful that | am not as
some other men are: for l had rather
have my past and my present and my
future than that of some of my as
cusers.
Il submit in the first place that
am the victim of a series of circum-
stances, or strange condolences, some
what remarkable. perhaps. but not I'M
usual. The history of circumstantial
evidence viii show many stranger cases
than this of innocent men being pun
ished for crimes they never commit
ted.
Blamed Public Sentiment.
In the second place I am the victim
of a morbid public sentiment. Your
honor knows as we'll as I do the stand
that has been taken against me by the
newspapers of this community. News
papers are mighty moulders of public
sentiment and iurieS and sometime the
courts are influenced by them. 1 need
not discuss the sentence you are about
to pronounce.
IN the next place. 1 am at this time
as firmly as ever of the opinion that
[ ought to have new trial; that did
not have a fair trial in this case. 1
believe now as have always believed,
that the evidence in this case does not
justify the verdict that was returned
against me
I'm the third place know that 1 am
not guilty of the offense charged against
me.
Il have very little to say about the
first two of these propositions But I
submit that no man should ever be con-
Victed of any crime or alleged crime
upon circumstantial evidence and moth
ing else, when the principal witnesses
against him are notorious breakers of
10 nSf
MN has been prepared by man who
is known to be al unmitigated liar and
unworthy of beliefs But as to my
being innocent, I know that I am limo
cent; L know that lid not kill my
1ather. L never cOnsp1red with john
son Jordan or any otuHr man to have
him killed. 1 had no reason to desire
ms death; and l know that l did not
possible, that he might come back here
today from beyond the grave and be
oerore you so that you might learn
from him that 1 am not guilty. ] would,
IL 1t would avail anything, call upon
Almighty God today to read my heart
today and show you that 1 am an inno-
cent man.
Predicted Speedy Release.
But standing here as 1 do 1 have
no fear concerning my past, my pres
ent or my future. We have not given
up the fight by long sight. do not
feel that-I shall be in the penitentiary
very long. 1 feel that there will come
a day when all the mystery of this case
VIII be cleared away, when 1t Will be
known who killed James S. Collins and
that had no hand in that crime; when
the guilty man shall be brought to JUS
tice; when the constancy of my mother
and sister and friends will be under
stood, and when your honor shall feel
that when you passed sentence upon
John Collins you did a great injustice;
for as 1 am to be judged by Almighty
O. fl1nf 7 q ~ az
man"
Judge Hazen seemed to be greatly
moved and his voice as he pronounced
was almost in an undertone.
He said:
AT the present time the court has
but one duty to perform, and that is to
impose sentence. The law provides
what that sentence shall be. During
the trial of this cause.-The court gave you
the benefit of every doubt upon all ques-
lions of law. Questions of fact were
questions for the jury, and they passed
upon these questions and resolved the
there was sufficient evidence to justify |
the verdict that was returned by the
jury.
THE sentence of the court is that
you suffer death as "a penalty for the |
offense of which you have been convict
ed that you be hanged by the neck
until dead; and the sheriff is directed |
to convey you to the state penitentiary |
IIlSIe " NC safely hCPl lli1Ill SOSIl IAIlAO
as the governor shall issue his warrant |
fixing the time for your execution"
Fell in Love and Got Into Debt. |
When John Collins went to the Uni !
of Kansas in Lawrence, he was |
shy and diffdent. In the three years |
he was in Lawrence his habits changed !
He drank, caroused some and smoked a
great deal But he was not considered |
a bad young man. All of his fellew /
students gave him good name, and !
+ he declare
he is innocent
He lived with thirteen other students |
in the Beta fraternity house and went |
into society. He fell in love with Miss |
Frances Babcock, the daughter of a |
wealthy family. She was not engaged |
to marry Collins, but he had proposed |
to her many times She was