The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
AFRAID To QUIT.
tcontinued from Page one.1

mention to try it on George INC
| torney Boyle asked:
why did not you tell of this at
the coronerS inquest"
II did not speak of it, replied the
widow, because Roscoe told me it
would not do any good. He would
lie out of it,
"Why have you gone more than two
years before telling this great story
you have just recited duplicating Ros-
coe HOrnbaker? asked Counsel Boyle.
Because Hornbaker told me that
it would do no good and would not
find the murderer. of my husband,
and"
DO you know who killed your hus-
band?" broke in. the defense's at
torney.
No" answered. the widow
The reason for Mrs. Maude Nc
Elheny's accusation of Roscoe K.
Hornbaker for the murder of her hus-
band was touched on in the after
noon session of the district court
Tuesday when Mrs. McElheny re-
sumed her testimony in the trial of
Hornbaker for murder. Mrs: Nc
cused Hornbaker of the murder, he
exclaimed: You can't prove it
I'll lie out of it and make you out q
liar. If anything ever comes up, I'll
never be taken alive carry bottle
of laudanum with me-"
The alleged motive of Mrs. Horn
baker, who Mrs. McE1heny testified,
in conniving with her husband to
produce her downfall, was attributed
to jealousy by the witness. She as
serted the wife of the accused man
explained her strange attitude by say
ing she felt revergeful toward George
McElheny because of his alleged
spurning an offer of a temporary
change of wives 3.
Improprieties, which, she alleged,
took place at the Hornbaker nome,
+1IJ - I>xyN rc-
claimed they were always over her
protest and that the Hornbakers were
not doing right by her and her nus
band.
happened at his house, something
would happen to me and George" the
widow testified. lit was because OF
these threats 1 was afraid to stay
away when summoned to the Horn
baker home.''
Hornbaker's alleged offer of the
ground glass to- be given to- McEiheny
brought out at the preliminary hear
ing was retold on the stand by Mrs.
McElheny. She swore that Horn
baker, who delivered milk to their
home, offered her one night bottle
of ground glass with the admonlt1on
to TRY it on George to see if it was
poison She threw it away the next
day, she testified, saying that Horn
baker, talking later over the telephone,
told her: "She better give it to George
The ground glass episode, according
to Mrs. McElheny occurred about six
months before the murder. So great
was Hornbaker's infatuation for her,
she said, that he told her he prayed
three times a day that they might be
united. He asked her to pray for the
same blessing, but she declined
jokingly, saying she believed what
was to be, would be- in spite OF
prayer.
4 bit of evidence. hitherto not in
troduced, was entered by Mrs. NOEL
heny concerning the day of the muir
der.
Roscoe called me up that morn
ing on the telephone and said, I've de-
cided to quit worrying YOU 1 an
swered that I was so glad because it
was such a relief. George was killed
that night
Mrs McElheny moved away from
her home soon after the murder, she
said, and Hornbaker visited her sever
al times. At these times their rela-
lions were not close, she concluded.
That the cross examination of Mrs.
McElheny by counsel for the defense
will be merciless was indicated by the
to her by L. C. Boyle of Hornbaker's
counsel.
The absence of objections from
Hornbaker's counsel was commented
upon by spectators. Only ut long in
terva1s did the lawyers object, then
not at the evidence but in the manner
of the county attorney.
The state offered one objection to
what was termed "browbeating'' tao
tics in cross examination. The objec-
ton was overru1ed.
Mrs. McElheny displayed nervous
ness when cross examined by Attorney
Boyle, biting her finger nails and
twisting in her chair.
The final break between herself and
she testified, came one
SUNDAY when the SUNDAY school class
taught by Hornbaker was discussing
the objectionable sin. Murder was
suggested as the objectionable sin, she |
said, and Horrbaker sought to change |
the subject.
ct was convinced by that time that
Roscoe was Georges murderer, she |
said, land I could not bear to attend |
a ella SC of which he WAS the taaclner ,. |