Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-13
THE JOHNSON.SMOOT HOMICIDE.
Trial for Murder.
THIRD DAY.

THIRD DAY.
This morning the trial of Henry johnson,
indicted tor the murder of Thomas Smoot on
the 10th of June last, was resumed in the Grim
inal Court Judge Fisher. There was quite a
large attendance of spectators present.
After the Court had been con yened, the twelfth
juror, Nr Lewis Newrath, was sworn. and the
Clerk. Mr.. Middleton, read the indictment, and
the opened by Mr. Wilson, Assistant
District Attorney. He stated that the offence
charged vas murder, and that Smoot was shot
10 death. and that the accused was the per
petrator, would be proved. The homicide
occurred in a room in which there were but
three persons: the accused, the deceased, and
another person, and If the voice of that third
person could be heard, the work of the prose-
cution would be- brief one. Her lips are how
ever sealed, and the prosecution would have 10
rely mainly the admissions of the accused
1t would appear that the prisoner entertained
f. elings of hatred for long time against the
accused, and with pistol went 10 the place
where he knew h. could be found. He found
him in a room, on the floor, partially undressed,
and a woman on, or near the bed; and without
giving him warning. placed the pistol TO his
head. and sent his spirit on the long Journey,
which even the good man breads. The law is
that If a man finds his wife IN the act OF adul-
terry, and Stays the adulterer, be is
guilty OF manslaughter. If the prisoner did
not know that the woman was guilty
of adulterous practices, he suspected IL.
They would prove that the day before the hon.
icide he learned from the man in whose house
the homicide took place. all the particulars as
said he would say them, "How you, Mr.
and Mrs. Johnson that he went calmly 10 the
ROOM committed the act, and gave himself up
Ia "A policeman, stating what he had done, with
as little concern as if he had killed an OK. Mr..
Wilson read from 1st Russell on Crimes, mar
einal page SIS, and Bishop on Criminal Law,
volume ,, section III, the law bearing on the
case. They were bound TO obey this law, which
had been made for their protection, and TO
eyade IL was TO declare that the tomahawk and
scalping knife were better than the halls of
m Srrc Hpd haf N hpSa fact
true they should find a verdict of guilty as in
dicted, and If il is pro we'd that he had notice
of these acts of adultery until just previous To
the occurrence, then they may find a verdict of
mans lau ghter.
Mr. Davidge stated that the defence would
reserve their opening.
DR.. Charles H. Bortdad was rhe FIRST witness
called for the prosecution, and testified thai on
the y tn of June last he was called to a man
who had been shot II No. 3e3 Sixth street. He
was in a room seven feet square. seven by
six feet He had received a wound over the
right eve, about half An inch an nch above
the outer angle. Witness probed the wound
three inches, and the hemorrhage was profuse.
He was then dying. There was another wound
on the left cheek, which witness did not examine
thoroughly, for the other was sufficient TO cause
death. The deceased did not shrink. and was
not conscious; tried to rouse him, hut il
impossible. Witness here drew a diagram of
the room, with the bed on the south side, head
20 the street door on the west, window AT the
east end, bureau on the north side, washstand
adjoining bureau on the west Witness found
a small piece of Uranium in the wound. Did
not notice any particular discoloration about
the wound, and NO mark of powder. The
course of the ball was downward and back
ward, and deceased must have been lying, Sit
ting or kneeling. Witness renamed there until
he died. Saw gentleman named Bean there;
was requested to 60 there by Mr.. Moore, q
Common Councilman. Drs. Behrend and Du-
hamel came IL a short time after witness ar
rived.
Cross examined The wound was down.
ward and backward. The deceased had
a white shirt, net shirt. black cloth
pants, and thinks a pair OF drawers. Had no
suependers on; could not say about his shoes
The bedstead was 81 feet WIDE and the
bureau about Is inches or two feet. The bed
stead was 6% or feet long. Mr.. Bean was in
the room wheE witness arrived and a poiice-
man was at the door. There were others in the
house. He and DIR. Behrend were called to see
lady suffering from nervous irritation. The
bed clothes Were not smooth; looked like they
were laid npon; don't think that there was
blood on the bed. The hemorrhage from the
wound over the eye was very profuse.
Dr. idd1dt Behrend sworn.-Witness was at
the place Of the homicide: saw DR.. Borland
there and assisted him. Witness corroborated
the tes tImony of the previous witness.
Cross examined by Mr.. Davidge.-The bed
appeared TO have been laid upon; there was
blood on II.
BENZ. =. Bean sworn.-Winess boarded on
9th street. and when he came from his dinner
saw Mr.. Fuss, police officer,ruuning, and fol-
lowed him 10 the hogse where the homicide &C.
CURED. and Mr.. Fuss went in and called wit
ness up stairs. A lady pointed out the house
Witness went up and saw lady in bed then
went in another room and saw the deceased
who had no shoes on, but was dressed with
black pants. under shirt and over shirt. There
was q small bed IN the room.
Cross-examned by Mr.. Davidge.-Wit
rtmaInrd with the deceased while Mr.. Fuss
W, M after the doctor. There was one lady in
bed, another one dressed in black, and anotner
who had been after a policeman. The body
was laying on the right side, with the head to
the door. There was a large pool of blood on
the floor. The mans face was on the floor, and
his nos in the blood. Lieut. Eckloff came in
while witness was at the house.
William H. Fuss sworn.-Witness is police
man, and went 10 the house alter receiving
information at the corner Of 5th and streets.
I he deceased was in the room alone, lying on
the floor groaning. and the blood oozing out of
his head. He was lying on his right side, with
feet towards the door; was in his SHIRT sleeves:
had On black pants, and was in his stockings.
ILomas .Snsed, sworn.-WItness was on duty
at the Central g uardhouse on the 10th OF June.
Dir. johnson came TO the desk and said he had
shot a man, and handed him pistol. Witness
here identified the pistol He said he could
examine il, and see whether two shots had not
been fired, and he found it was He said
that took effect. He said he shot Thomas
Smoot, on 9th street, because he had found him
(Smoot) and his wife in bed together. Witness
asked If It was in his own house, and he said
no; that he lived in Georgetown, and he had
shot him at Sawyer's house He commenced
to CRY, saying that it would I've a disgrace
on has family and his two interesting
boys. He said that his wife ran out of the
room, ana De was AFRAID tDdt Sne would 90 10
his house and get some of his property; that he
wanted 10 see Mr.. Shnn and Squire Buckley,
and witness said he would telegraph. He said
that Smoot had been in his employ, and that he
had b. en- suspicious OF his wife. He sand that
he had been informed that morning or the
morning before by Sawyer that his wife and
SmCot had room in his (Sawyer's) house.
He said that ne did see for himself, and when
h. went in Smoot jumped of the bed, and he
was apprehensave that he was going TO hurt
him. and he shot twice, one of the shots taking
eff ct and the other missing. Witness asked If
the man was dead, and he replied IL think he is
by this time" Witness then said he would
have TO hold him, land the accused said that
was " hat he came for, and of course You will
have TO hold me-" Witness in a short time
found out that what he said was true. johnson
appeared cool al first. bat in a shcrt time he
became excited, and wrung his hands saying
that his wife's conduct had brought disgrace on
the family.
CToss-examined by Mr.. David Ze.-Witne ss
understood hiTa TO say that they were in bed;
Smoot having ais coat and vest off; that he
(JOhnson) was afraid that Smoot woul d asail
him.
At this point a recess was taken.
On reassembiing. Mr.. Sneed was recalled by
the defence, and said that johnson stated that
his wife's hand was clasped with Shoots
hand. lie said that his wife was squandering
his means on Smoot, and a bottle of milk filled
at his house was in the house where the shoot
ing was done.
Ahclidb S0UycT sworn.-Witpess has lived IN
the county Jail tor fifty days; lived in June last
9Th street. knew by the of