Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-06-24
LOCAL NEWS.
THE SMOOT HOMICIDE

THE SMOOT HOMICIDE.
The Ac, used before Judge Wylie on Habeas
Corpus.
This morning at 10 O'Clock the hearing be-
fore Judge Wyiie OF the case of Henry john
son on a writ OF habeGS corpus was continued
IN the Circuit Cour. room, lC having been com.
menced on saturday aGternson.
There was quite a large number Of persons
present a. spectators, among them number
OF the friends OF the eccased.
Messrs. W. ID. Dayidge and John H. john
son appeared for the accused,
The first witness called was Mrs. Jane E.
DofSsy' who te9ufied that she boards at Mrs.
Sawyer's lin whose house the hsmicde took
place. Had very little Acquaintance with
Smoot, but had known him Irorn four to six
months Mrs, johnson brought him to the
mouse and introduced him as her hesband.
They took a room there, a very small one
ihey hVed In 1t as MAJ and wife. She came
there two or three times every week and some
Tunes IN the daytime. Smoot lived there con-
Saturdays. Witness saw the accused on the
day OF the homicide go in the rooE and shut
the door, and heard the report of q pistol. Mrs.
johnson came down in the dining room where
witness was and said that her husband had
shot this one. Saw the body Of Smoot after
the jury was over; there Yves no coat or vest
on johnson looked pleased as ne went to the
room. Witness was IN aA adjoining room, and
she remarked that Mr.. and Mrs. johnson had
BY the Court.-The deceased passed as Mr.
johnson. The accused did not speak to wit
were not fired immediately, put in from three
TO four minutes; witness could not say that
they were on the bed; Mrs. Johnson had been
ten or fifteen minutes in the room, and de.
ceased had been there all the morning: Mrs
johnson got the marketing; sometimes she
would stay three days and nights at time
this continued until about two months ago.
latterly she had been in the habft of coming
and staying from two to four hours.
BY Mr Davidge.-Witness has heard Mrs.
johnson say that she had a law suit in Balti-
more.
Or. c. II. Bo,cen. recalled.-Witness found
tho deceased IN pantaloons and shirt. The top
button OF the pants was opened, and some be-
low may have been opened. The bed was tum-
bled but the covering had not been turned
down.
Mrs Rebecca Sawyer.-W,tnessH lives ON Sixth
street. above massachusetts, avenue; knew the
deceased as Mr. Johnson; first met HIM IN AL
e1andria In the latter part of October. Mrs.
johnson came to her house and asked her to
go to the Court t-house, and afterwards fsked
her to go to Alexandria and take note saving
that she was sick and she wanted to see him;
went 10 Smoot's tannery and saw the de-
ceased. Mrs. johnson went down with her;
she mad not engaged board at that time. The
deceased sang tnat ne would answer the letter
in person. a short time afterwards they en-.
gagged board Smoot opened the letter, and
witness said that her husband opened
the letter When MRS j said, oh, its the same
he Is doing business for the brother in Jaw
Smoot was introduced by the name OF John.
son, and witness never knew him by any
other name until after he was shot Witness
here described the situation OF the rooms and
SAID that Mrs johnson came in her room
about two o'clock, and said that she was tired,
that her mother was sick and went in the
room. The deceased had been ia the house all
day, and set In the parlor until eleven or
twelve O'Clock. Mrs johnson went in the
loom "nere tne deceased had gone some time
before. Heard, about fifteen minutes after
noise, and her niece ran out. The noise was
like the window fell heard loud swearing:
MIS- Johnson came cut; the voice. ss(S-d
d-n you, I've caught you ON the bed, Mrs
j. SAID 10 Witness 'sThat other devil, or
other husband, had shot her man"
Mrs. Johnson was terribly frightene ed; had on
no bonnet or shawl; does not know that she
had any other clothes off; she had told witness
that she was married to the deceased two
years ago by minister on Capitol Hill
Presbyterian or nj ethodist: knows that on one
or TWO occasions she came &c the house and
stopped five or six days; she brought things
Tor hIm to eat; the exclamation live caugh,
you on the bed" was madesafter the first shot
Mrs johnson came up to witnesses room after
after the jury had gone; she seemed perfectly
frantic; witness has heard Mrs. johnson speak
OF law suit In Baltimore 1t appears that
Smoot was to go away, not 20 return
BY Judge Wylie.-Witness formed the ac-
qnaintairce of Mrs. johnson IN Geore etown,
In August or September. She said that she
had separated from her husband and had three
children. Witness saw Mrs. johnson at her
mothers house IN Georgetown. Witness had
visited Mrs. Johnson and Mrs. Johnson wit
ness. Witness thought the object of the first
visit OF Mrs. j. to W itness's house IN this city
was to speak OF the law suit in Baltimore
Witness asked why deceased had to 60 to AL
exandria so often, and she said his sister and
mother lived there and he had TO see to them
She called her first husband Henry johnson
and the present one (ths deceased) Thomas
Johnson. Asked her if she was married to
Smoot and she asserted positively that she
was married. Witness now believes that they
were married.
John Batenan sworn.-Witaess has known
the accused fifteen or twenty years; was init
mate with his family-a wife, daugnoer, and
Two sons-lying on the canal road. Witness
lived there ten years. up to 1853, when he went
m in hQ tnfrr
or four times Per week. Mrs. johnson had
a law suit in Baltimore with Asbury Fawcett
Has seen MRS. ohnson on the cars with Smoot.
The accused was frequently az the drove yard,
and has a farm near there; another about
seven miles distant The prisoners occupa.
tion is snch as to lead him to carry weapon,
but he is quiet, orderly man. Mrs. johnson
seemed to think good deal Of Mr.. johnson,
and he of her, and witness never had any
lnent between them.
adam Albert sworn.-Witness has known
tne accused four or i've years peaceable
man. When he went to the drove yard or
lower farm, where he spent much Of his time,
ne was IN the habit Of carrying pistol.
Riley A. Shinn and N. =, Batckey testified to
the good character Of the prisoner.
Wns. johnson tbrother of the accused) testi-
NED TO me prisoners family, and to having
heard of Mrs. Johnson gong TO Baltimore.
BY the Court. Never knew that his brother
mad any suspicious as TO his wifes un aitAful-
ness. '..-a s.t
TAos. Smeed sworn.-Witpess is policeman,
L
ting in the Office of the Central Guardhouse
The prisoner came in and said he had killed a
man named Smoot or Smut, and handed wit
ness pistol, telling him to notice that three
loads were out. He stated that he had caught
the man in bed with his Wife
By Judge Wylie.-He stated that Smeot
had worked with him, and having become
suspicious of his wife and the deceased, he
had aided the latter to 60 into business TO get
MIN away. Thinks Johnson said that he had
been suspicious Of them for some time, and
that Sawyer, the occupant OF the house, had
told him OF the meetings al his house
Mr. Davidge here submitted tine case
M. Sdeytg was recalled, and in ans wer to
Questions by Judge Wyiis, said that the per
son overlook him on 7th street, on Wednesday
{the day before the occurrence, ana asked IA
II bis name was not Sawyer. Witness replied
that 1t was; and johnson said that having seen
him come out of house on 9th street in which
he had seen his wife go, he thought So Wit
ness said that Mr.. and MRS, johnson were ia
the house; when Mr. J. said that the mans
name was not Johnson, but Smeos, and thar
the woman was his wife. He asked Mr.. J. not
to go 10 the house, telling him that his wife
was sick, and IL he went there, there might be
q disturbance; and also said that it was iikely
that they wouid be there the following day
johnson said that he would make NO distu r6.
ance, but would see them and tell Smoot that