The courier-index., 1920-11-05
First Formal Statements on
 Killing of Circuit Clerk Apple

to Mrs. Apple he had made mis- take in ret aiming Miss Horne Tn hls employ after he found she was infatuated with him and stated he ought to have quit going with her some time ago, when he believed there was a frame-up against him. He told Mrs. Apple he realized he had done her (Mrs. Applet wrong and he wanted her to forgive him. Mrs. Apple further testified Apple told her he was shot as a result or a conspiracy between Horne and his daughter to try to force hlm to marry Miss Horne, that both of them were armed, that he was wholly unptepared to defend him self and had only feather duster with which to try to fight Horne off when the latter began shoot ing him. She said Apple told her he believed he was shot with his (Apple's) pistol He told Mrs. Apple Miss Horne had been acting strang- ly for several days and that on Thursday afternoon when she enter ed his office Miss Horne said: "Guy come here" This was after Horne went into the vault. He said Miss Horne had never before called him "Guy." He noticed strange look in her face and observed she had something concealed under her shawl He threw the shawl back and exposed the pistol Miss Horne held in her right hand; he struck her arm and the pistol fell to the floor and while they were scuf- fling for the weapon Apple said Horne rushed in and began shooting at him. He said Horne placed the pistol against his (Apple's) stom- ach and fired, land he shot me all to pieces," Mrs. Apple testified Ap- pie told her; she said he further stated Horne shot me down like dog and didn't give me chance to defend myself"
 Harry Apple, brother of Guy, ask ed Horne several questions, all of them being denied by Horne. liar ry wanted to know if Horne did not shoot Apple with Apples pistol; if he did not know his daughter had pistol and if he did not instruct her in the use of the weapon; ; if it was not fact that several weeks ago Miss Horne left the city, was gone several days, osensibly to Par agould, but that during her absence MT. Apple did not know where she was. Horne entered denial to all these questions. Harry Apple then said his brother, Guy, told him on his death bed that if 'they try to put anything on me, date it back to the time Miss Horne left town and investigate the matter"
 After the testimony was all in R. D. Smith, one of the attorneys for the defense, made a brief state ment in which he<said it was not a question as to whether or not the relationship between Miss Horne and MT. Apple had been improper, but that the sole question for the court to decide was whether or not a jury would convict Horne of a capital offense which. entails penalty of death or life imprisonment. He contended that it made no differz ence what kind of a story had been communicated to Horne or whether any story at all had been told him, that when his daughter called to him to come to her as sistance and he ran out of the vault into the main office and saw Apple holding his (Horne's) daugh- ter with his left hand and holding pistol in his right hand he had every reason to believe his daugh- ter's life was in danger and that any father in the world would have drawn weapon, if he had one, and shot in a case like that. Contend ing for this view of the case Mir. Smith argued the court would have to judge the case a bailable one.
 Following the statement by Mir. Smith, Judge Hummer said he would let the defendant stand on the original bond of $25,OOO.