The courier-index., 1920-11-05

go to her QeSk ana remain tHeIe that he would call Apple back in the vault and talk with him. He said he did not know his daughter had a gun. He said he and his daughter entered the office together, and that his daughter went to her desk; that he went into the vault, called Apple to assist him in looking up a deed. He testified Apple came and helped him find the deed and that Miss Esther followed him into the vault, thus preventing private talk. Apple returned to the main office, Horne said, and he then told his daughter to go back to her desk and sit down, that he would again call Apple into the vault and try to talk to him. He said Miss Esther returned to the main office and he proceeded to examine the deed; that within minute or two his daughter called to him to come to her. He ran into the main of flee and said Apple had his daugh- ter by the clothing, clutching it near her neck with his left hand and in his right hand Apple held a pistol.
 Horne said he believed Apple was going to kill his daughter, that he
 immediately drew his pistol and said to Apple, land now you'll mur- der her, will you?" and fired, strik-
 ing Apple in the abdomen. He said Apple then swung Miss Horne
 in front of him. He said he
 (Horne) tried to reach around his daughter and shoot Apple again and
 I aff ynf Tn no
 meantime Apple slung Miss Horne from him and she half fell and
 half ran out of the office into the corridor where she called to County
 Clerk King. Apple ran into the vault and wheeled around and drew the automatic gun on him (Horne)
 according to Hornes version, and
 Horne fired once at him after he
 entered the vault. He then went
 out of the office and met Sheriff
 Cotter almost in the doorway. He gave the sheriff his pistol. Cotter asked what was the matter and
 Horne said he told the sheriff Ap- pie was trying to murder his daugh- ter and he had shot him. Horne then went into Cotter's office and
 
 Horne was sent home. ee
 Sheriff Cotter testified that he was in his office making out road
 tax receipts when he heard several shots fired. He did not know where the reports came from, but went in- to the corridor to investigate. By the time he reached the entrance to Apples office Horne came out and gave him his smoking pistol.
 Horne told him he had shot Apple.
 He went into Apples office and found Apple half reclining on the long table in the main office. Ap- pie had in his right hand an au- tomatic pistol. Apple told Cotter, "Old man Horne has shot me. Send for my boy and get doctor quick. " Cotter said he and Chief of Police Dave Shea later examined the au- tomatic pistol Cotter took from Apple He said it was 32-cali
 bre Colts automatic. holding one shell in the barrel and eight in the magazine. He said when he eX- amined it the weapon had one shell in the barrel and seven in magazine. He said he placed a piece of paper in the butt end of the barrel and looked down it and that the barrel was bright on the inside. He re- quested Shea and others to look about in Apples office to see if they could find an empty shell from the automatic, but understood no shell was found. He said Horne's weapon was 38-calibre Colts Po- ynd him the gun five shells had been discharged and the sixth shell had not. ~ He said the automatic gun he took from Apple was on safety.
 At the conclusion of Sheriff Cot ter's testimony M. H. Ford said his daughter, Mrs. Carrie Louise Apple, desired to make statement. Mrs. Apple was sworn and took the stand and repeated what MT. Apple said to her while on his death bed. She said Apple told her he had never told Miss Horne he loved her and had never promised to marry her, and she had no reason to believe he should marry her; that she had been infatuated with him for some time and on numerous occasions had avowed her love for him and had requested and insisted that he marry her. Mrs. Apple said Mir. Apple quoted Miss Horne as saying she led a miserable life at home, that it was a hell on earth, that her father was mean to her and she wanted Apple to marry her and take her out of the home. Apple said he told Miss Horne he did not love her and had never loved any woman but the witness (Mrs. Alp pleJ, that he could not be happy with her Miss Horne) as his wife and that she would not be happy with him. Apple told Mrs Apple that Miss Horne, on Monday night, | October 25, after the picture show, again brought up the subject of their marriage and that he again told her that he could not marry her. Apple told Mrs. Apple he liked Miss Horne, that she was a bright girl, competent office help,