Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-01-31

ILLNESS OF TIE d. .-v,r-r .-,ozyrv vrp-urp
hoiAno' y FOR TIE DBFBNsE.
1his morhin"I In the Criminal Court, Judge
james the V.faI OF John Silas Marshall John
SOD, the Dung white man charged with the
muToeg q James E. Johnson. colored, on the
2yto OF March last, was resumed-Mr. Perry
Prosecuting, and Messrs- Cook. Williams anC,
: aus for the defendant.
@r. Perry stated that Col. Corkhin. the Dis
tlct attorney, was quite Ill. so much so tn AZ
with him.
The defendant made no objection to proceed.
Ing In COL Corkhills absence, and the court
alrected IhaI the record show that the announce
mace 10 proceeding with the trial,
Inc witness, Richard A. Norris. called by the
ueI.noe on saturday, resumed the stand for
further cross-examination. Mr.. Perry read
EOm witness testimony before the coroner III Nc
Johnson looked back and said the cOlored man
was following them and wanted to go bae K.
Smtn fe "a begged MIN not to CO. and asked
NitneSS Ii ne had not so sworn. Witness re-
pied that he did not exactly know. The cues
llCn, somewhat modified, was asked and wit
ness replied that he Did not recoliect making the
Statement On question as to detailed state
Inent having been made by him, witness said he
recoiected that the colored man said "wno In the
III are you looking at" but Oil not remember
Johnson saying "who in the HI do you think. >
May have said 1.-The colored man stepped back
AID said, you - Of q you are going 10
shoot me- don't remember he said an, thing
johnson came back the cOlOred man squared
himself and defendant kicked at him, and de.
ceased ran his hand In his back pocket and
sa o. YOU a., 49, or OF ~ DID not see defendant
when ne Drew his pistol, and the first he saw OF
i; "as the smoke when he heard the report
QIesti0n-1ou don't know then that defend
ALI did the shooting.
N1tneSs-I saw the smoke of the pistol: all
the party ran after the snoring: did not sac
the prisoner again that night until he saw him
at the station house.
% n
that night and kept there till taken before the
cUr0nerS jury; there was a crowd Outside he
was not In the Cell al the station, out In the
Office with Clarkson, Pearce Hickman and
Finn. During his examination before the cor
oner he was questioned by couple OF the
jurors.
E. A. Barnard was the next witness, and he
was asked If he remembered the murder OF
George p. Hirth.
The government objected.
Mt. Cook said that the relevancy Of this testi-
inohy would oe seen when the question is an
s"ered and others asked. He said that the MUIR
DER OF Hirth, who kept store near where this
occurrence TOOK place, the murder being myS.
terlouS oDe produced moral shock which
alarmed and terrified the neighbOrhoOd; that
after this murder persons In the locality regard.
ed II as dangerous TO move from their houses
and when compelled they moved with no1seiess
feet and listening ears: that the defendant re-
sided in that locality and this excitement
Which existed like morbid atmosphere. rested
upon defendant and affected his mind dis
tuIutu lbs steep, UeCOHle Tile TOPIC or MS
observation the moment he aWoke; that on the
night OF the occurrence his mind was not In a
normal condition, and passing the spot where
Hirth kept his store, he saw these colored men
and supposed they were after him. They were
tiles
The court directed that the offer be submitted
In writing.
Mr.. Perry said he would interpose no obfec-
ton TO showing the excitement among white
people as to the Htrth murder, provided he
would be per mitted to show that the same
murder caused panic among the colored
people.
Mr.. Cnok.-That Is not up yet.
MT. Williams presented the offer In writing
which In brief is to show that In consequence
OF the excitement growing out of the murder of
Hlrfh the accused was Insane at the time.
MIR. Perry objected, and the counsel proceeded
10 argue this Oner-Mr. Cook claiming the cues
tlon was whether evidence should be admitted
having tendancy towards proving an issue In
the case, ard he read from Greenieaf on the
subject.
The argument was continued up to recess
and for short time thereafter, MI Perry
briefly replying.