Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-14
THE JoHNsON-sHoOTH HOMICIDE.
Trial for Murder.

After cur report Of the trial Of Henry Johnson,
i1dicted for the N urder Of Thomas iSmoot
no the Goth of June last in the Criminal
Court, Judge Fisher. closed, yesterday, the
tross-examina alton Of Aholiab Sawyer was con-
tlnueC, - follows
Witness, ON making inquiries about the re-
port that Mrs. johnson was married, heard
that Smoot had wife In Alexandria: never
saw Smoot with any arms, but heard 81 a there
was pistol found in the house, and IL vas
MIR. Dorsey's. This portion of the testimony
relating 10 the pistol was ruled out The par
,les were not at the house on the first day ne
met the Scused, and he objected to his going 10
tse house to meet them.
4. ". Jones, sworn.-WItness is a member of
he bar of this District; knows johnson and
wifi: has had many interviews with them on
business; thinks all thai ne knows of the rela-
tons of johnson and his wife came 10 his
knowledge in the course Of professional busi-
ness
Mr.. Davidge objected that knowledge of that
character could not be given in evidence, and
after some argument the Court remarked that
IL did not think anything could be gained by
tins course Of examination. II would be i'm
possible TO prove malice by n deed Of trust
The Court ad journed TO this morning and the
jurors accompanied by Bailiffs King and
Chandler were taken TO the Seaton House,
where quarters are provided for tn m.
FOURTH DAY.
At 10 O'Clock this morning the Jury were
brought into Court from the Seaton House, and
ciude the case At this point. The only add
tIonal evidence they wished to offer was what
they expected from Mr.. Jones.
MIR. Dav idge said that the defence offered no
objection as to the deeds.
MIR. Wilson offered in evidences two deeds Of
u ust executed by Henry johnson and Cathe-
rIne johnson, dated December 18th, 1866, one TO
r. W. Jones, as trustee for the sole and sepa-:
rate use Of Henry johnson, and the other TO
Mr. Jones, as trustee for Catherine Johnson.
Mr.. Davidge opened the for the defence,
saying that his duties We're light. Tue turning
point was whether there was cooling time No
one pretended that the prisoner killed Smoot
on suspicion only, but he caught the parties to-
getner. Mr. ID. read from the Sickles case, and
said the jury should inquire into the condition
of the prisoners mind at the time-the effect
such information he had received would
have on man. Manslaughter may be commit
ted by man In transport of passion; but IN a
case like this man is not responsible tor his
acts. The effect of such information such
as 10 PROSTATE the persons mind. They did
not stop here. They intended to show that the
accused had reason to fear great bodily harm
from Smoet, and if they did prove il, the
Court would instruct them To find a verdict of
not guilty. He went there, not dreaming that
he would find them as he had found them.
Ihey proposed TO prove that Smoot was the
larger man; that he went armed; that the ac-
cused and his wife were affectionate; that they
slept together the night before the homicide
and that on that day he was in the Courthouse
pald his taxes, went to the house on Sixth
street to inquire if what he had heard was true
and II so. TO give the wife over to the seducer
Smoot was here peDniless in 1864, and tn ac-
ensed took him in. After picturIng the parties
IN the room, be referred to the wounds, and con-
tended that from their position they showed the
deceased was shot when out of bed, and that
the wound over the eye was the second one.
He read from Wharton g LIST American Crlmi-
inal i, l0,6 and note 1927, and said that il
they believed that johnson had serious ground
to apprehend that Smoot intended to do him
bodily harm, that he grappled with him, then
there end OF the case Smoot pursued
the woman for no other reason thar the love of
money. If there was a time when a man appre-
hended bodily harm, it was when he had found
his enemy had seduced his wife, and had her in
a house of the character he would prove this
TO have been; for men such errands ALWAYS
go armed. In Europe and America the verdict
IN case OF this kind would be that the ulterer
must de.
Rotert j. Brent sworn for defense.-Witness is
praeueing lawyer, and knows the prisoner
and his wife.
The prosecution objected to the testimony of
this witness in relation 10 having suit for
Mrs. johnson in Baltimore, ana the Court
ruled that it was immaterial
Henry Is. Walker, Bladen Forrest, Mavor
Welch, Riley A. Shinn, Robert White and
Francis Mohun testified TO the good character
OF the accused, giving HIM an excellent one
y. Brooke sworn.-Witness has known the
accused intimately since 1861 knew Smoot who
lived with Johns IN for year. Smoot was in
the habit OF going armed while living at John
sons, and afterwards. On one occasion Smo,t
said he was prepared for Johnson, and If The
latter crossed his path he would put his light
out This was said on "A steamboat
Cross-examined.-WItne is carpenter
can do other things shoe horses, work on
gravel road, roll ten-pins and lately has been
walking about to find suckers daughter which
WAS promptly checked This conversation
was on a steamboat. but don't know the name
OF lit Was boat opened at both ends IL
sprung up from Madame Rumor; did not see
Il weapon there, but saw him have a pistol
afterwards at Rodier's. Was near Thorough
fare Gap came back about the 18th of July
Saw johnson in the coop-the iaiI. went
there with Mr. Owens, who has since
gwen over his Observation-Disclosures
Lad no conversation with him there
saw Johnson last week; went there alone; saw
him IN his room: Surratt there at the time
and II ne did not hear what conversation passed
II was has own fault. He had a reason To rec.
oilect the conversation on the steamboat be-
cause Smoot had betrayed the friendship of his
friends johnson and Crumbaugh. Warden
Huestis did not Join in the conversation at the
Jail Saw Smoot with a pistol every week
hen they were down South together This
witness was quite droll in his nswers and il
was with difficulty that order was maintained
while he was giving his testimony.l
James Filling sworn.-WItness ~ the collec-
tor OF county taxes; saw the prisoner on the
18th OF June. the day of the homicide al his OF
flee in the City Hall; he called to pay his taxes
IL was about ~ O'Clock, and there was nothing
10 remark in his manner.
AT This point a recess was taken.
Riehdrd Robinson (col.,) sworn.-Witness
worked for Mr.. Johnson Knew Smoot and
knows that he went armed. Smoot met wit
ness in the same week that the homicide took
place, and he Isl took out a pistol and said,
referring 10 Mr.. johnson and using oppro-
Smoot carried pistol when he lived at John
sons.
DENOMINATION by Mr.. Darlington. ed
10 elicit any new facts.
N. J. Buckley recalled.-Witness saw the pris.
oner on the day of the homicide i'm George
town. Noticed nothing unusual in his man.
ner witness believes he was summoned on
both sides
NoSon ShiE naaa sworn.-Witness lives in Fair.
fax, and has known the prisoner ten or twelve
years saw the prisoner at his hoese on the
evening before the homicide
John Johnson sworn.-Witness is the son of
the prisoner, and recollects the killing of Mr.
Smoot; was living at his fathers house; his
father and mother were ut home the night
before, and slept together.
John Wea sworn.-Witness owns the house
IN which the homicide took place; rented IL TO a
man named Rutherford, who furnished the
house and lived In II or 3k months. SAWYER
afterwards took the house. The house was re-
sorted To at all hours of the night and day by
all colors, some of them being as fine dressed
ladies as ne had ever seen.
John Van RiScick testified TO the prisoners
good character for peace, humanity, &c.
John TGyior, (colored. )-Witness was scr.
want af Mr.. Johnson's n the time OF the homi-
eide. Saw Mr.. and Mrs. Johnson the day be-
fore; they took supper together and retired for
the night. Saw them at breakfast in the morn
ing; there was nothing unusual in their APP
pearance.
The defence here closed. and said that thew
Were willing TO submit the case without argu-
ment
The prosecution said that they considered it
-. A..