Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-02-21
ON TRIAL FOR LIFE.
Trial of Bedford. Queenan and Pinn

tinued in the criminal Court, Judge Hagner,
yesterday after our report closed-DfStr1ct At
torney Corkhill and Assistant District Attorney
Perry for the government; Messrs. T. F. Miller,
G. Maurice Smith and John +. Riley for Pinn;
II. H. Wells. jr.. r. Coyle and J. A. HayNa ard for
the other prisoners.
Emma johnson, a deaf and dumb woman. and
Burrell johnson, her husband, and President
Gallaudet, OF the deaf and dumb asylum were
introduced, and the court read the law as to
deaf and dumb witnesses.
Burrell johnson sworn on rOire dire.-Had
known Emma johnson for some years. had been
married to her over year; could understand
her in some things, but not always.
DR.. Gallaudet thought that she could distin-
guish between truth and falsehood. The con-
ventional sign among trained deaf mutes for
truth was gesture straightforward from the
mouth, for falsity gesture sideways from the
mouth. These she understood, but he did not
know that she understood the nature and
00l1gdt10nS OF an oath.
In answer to question OF the District Attor-
ney, Dr. Gallaudet said that he had yesterday
Deen at the office OF Miller Riley for the de-
fence, and this woman was there. He had gone
over her sign statement In relation to her teSti-
mony, and he had examined her by signs, and
some things he had understood and others he
The District Attorney oe3eoted to this gentle
man acting as interpreter after the rehearsal of
the testimony: The jury must see the testi-
mony when the Interpreter does, and observe
all the difficulties OF the case; not have all the
Il oubleSome matters SmOOthed down outside
and tale delivered by the signs, which the
The court ruled that DR.. Gallaudet was not
incompetent, by reason of his previous exami-
alton of the witness, to be an interpreter.
q DR.. Gallaudet was then examined on his poi,'e
are as to what his capacity as an expert was
and as to what he knew of her testimony before
he examined her.
Question.-Dtd you not know that certain eb-
lects would be shown to her for Identification?
Did you show her your watch2
W1tness.-She was making some signs which
1 thought to mean watch, and pulled out nv
watch and she nodded assent.
The District Attorney then objected, that as
The Interpreter could not interpret all that the
witness testified, he was net competent inter-
prefer, fer what he could not interpret might
negative OF modify that which he could inter-
pref.
The court ruled that DR.. G. was competent.
THE DEAF MITE WITNESS
Emma johnson, uneducated deaf mute was
here placed on the stand.
Do you know Benz. Johnson?
The interpreter cannot ask her that.
Mr.. Miller.-Bring Benz. johnson in
Mr.. Perry.-Oh, no; that won't do.
After some consultation with the court Benz.
johnson, the prisoner, and others, We're placed
together in the crewd. The deaf woman was
then brought In, and after looking around and
shaking her head at several Of them she uttered
a little cry and pointed to Johnson, continuing
to make an 1narticulate sound and to shake her
foreflnger at him. 1t was admitted that this
was an affirmative answer to the question do
you know Ben. johnson? Point him out
The next question, "Where do you ltve?n was
found incOmmun1cablet to her The Interpreter
thought that map and an explanation OF it to
her would be needed before she could answer
the question. She was asked how many Chill.
dren she had, and she readily indicated three"
She was asked where her nursing babe arms
folded up as if holding pet was. She pointed
quickly to the east room, which the interpreter
said meant NEAR by" This was objected to-.
the prosecution cOntending that she meant that
her husband was in the next room.
The Judge gave test as to counting, and
Prof. Sallaudet said he was not certain that he
had made the witness comprehend him.
The Court -Cpntlprhan I ot tyf1I TO
admit this witness to testify.
Mr.. Miller insisted that In case of this char
acter wider latitude than usual should be al
lowed. He hoped the court would allow further
tests.
The court said he spoke rather hastily, and
would allow further tests.
Then her husband was brought in from the
next room, and she was again asked where the
baby was, and she pointed to her husband.
fLaughter]
Mr.. PeTy.-She means he's its father.
Further discussion as to her competency fol-
lowed The court was asked to allow her to be
called, and johnson placed in her presence
ana watch to be shown and then the question
to be asked her, whether She had seen johnson
with watch, and the court ruled it out Siml-
lar questions as to whether he showed her
rirg, whether he washed blood Off of his hands,
whether he told her he had knocked man
down and taken the watch and ring from him
&C, were all ruled out. Before the close of The
examination the court, at AS p. M, adjourned.
Twelfth Day.
attendance at the court room. The defence
called Emma Johnson, the deaf and dumb wit
ness, twho was on the stand at adjournment
yesterday, and her husband, Burrell Johnson
who appeared with Prof E ". Gallaudet as inter-
prefer. The defence said DR.. G. having testih
that he understood some OF her signs, and was
informed of the meaning Of others by her hus-
6and, they proposed to have all In the room that
Dr q. might Interpret those signs which he IN
derstood, and the husband assist In those Dr. G.
did not understand.
band retired.
THE MUTE WITNESS AGAIN.
Nh. Miller asked DR.. G. to inquire OF her in
reference to her recollection of Christmas day
and DR.. G. explained that he was not sure that
she understood the signs he would make on
that subject. DR.. G. made the signs but failed
70 -. make AK . her understand. and on comforting
husband) had no signs he could eommunf cate
to her an idea Of Christmas
The counsel for Bedford and Queenan said
they propose to ask that the husband act as in
DR.. G.
In answer to the court Dr. G. explained tn at
while he thought she had an idea OF her re-
sponsibiltty to Sup RENE Being, he doubted his
ability OF communicating to her anything about
the origin OF the world, who made 1t, &C. DR..
q. then made the signs, at which she shook her
head, and he remarked that he could not be
certain on the point whether she understood.
DIR. Gallaudet then retired.
Mr.. Wells called Burren johnson. the inter
prefer, and asked that he be sworn as an inter-
prefer. The government objected
Mr.. Wells said that they were prepared to
SHOW that this woman understood the nature of
an oath, ard she understood enough about the
relations of God and man. to be admitted men,
Der OF Christian Church. When these parties
were little children they conversed with each
other. and fully understood each other He ar
gued that the woman was woman of remark
abe Intelligence; that he had seen children
readily communicate with her. They could
show that the statement to De made by this
woman here as to what was done by Johnson
had been made by her very shortly afterwards
to respectable lady, and gentlemen, and, Iur-
ther he said that It had been utterly impossi-
BILE to corrupt her. There could nothing be
more impressive or convincing as to her under
standing than the manner in which she had ex-
pressed herself by signs when taking the oath.
The court said it had not yet been fully shown
That she was competent as witness, and he
read from Greenleaf the essential qualification
foc wttnesS-a belief In the doctrine Of future
punishment.
The husband was sworn on his eoire dire and
said he knew her when she was little girl
from about I'VE years before the war; could COM
muntcate with her by signs as to hell, church.
&C.; don't know whether she knows ANYTHING
about the Bible; Sh e belongs to Brooks church,
and attends church She knows that II she does
wrong she will be punished; she understood
that when she gave away his food That she
would be found Out and turned out of church
Il.
Q.-DOeS sac know that when sine kisses the |
Bible she must speak the TRUTH and IL she does |
NOT ShH will no nuDfShcd9 ofr.