National Republican. (Washington City (D.C.)) 1872-1888, 1881-02-01
JOHNSON'S DEFENSE.
LAWYER COOKS STRANGE THEORY
That the Defendants Mind Was Affected by the
Hirth Hurder-And He Shot the ColOred
johnson While Under the Infip-
ence Of Unusual Excitement.

The second week of the trial of John s. n. John
son, charged with the murder of James E. Johnson
was commenced before Justice James in the Grim
inal Court yesterday morning.
Mr.. Perry stated that it would be at least weel
before Colonel Corkhill would be able 10 appear il
court.
His honor hoped that no objection would be
made TO proceeding with the case on that account
Messrs Williams and Cook both answered Ger
tainIy not.'
The witness Richard a. Norris, was called and
the cToss-eXamination resumed.
Did you not state,' began Mr.. Perry, a. at the
coroners inquest held on the 30th day of March,
1850, at house on Samson street northwest, in the
city OF Washington, ID. c., to Dr. Dewitt Patterson,
the coroner, or in his presence, as follows: john
son looked back and said, these colored men are
following US. Johnson wanted to go back 10 them,
but Pierce begged him not TO go?'"
Il don't exactly know, sir,' answered the wit
ness.
What do you mean by that answer" asked Mr..
81 don't exactly know whether said it or not, >
replied the witness.
Do You mean that you don't reeolleet it,"
| pressed Mr.. Perry.
Il do" responded Norris.
i would like you 20 refresh your memory and
sec if you cannot remember it, said Mr.. Perry.
| % cannot rccollect," insisted the witness.
Did you then and there, and on the occasion of
the inquest, again put in Mr.. Perry, state to the
coroner, or in his presence, follows: Johnson
wanted to go back, but Pierce did not want him to
! go, and begged him not to CO."
| Colonel Cook objected, on the ground that if
! there was a statement made and taken down It
should be presented
! Mr. Perry said that where the witness swore to
paper the latter doubtless must be presented but
where he made q statement which was taken down
at the time, then II was moi requisite; but he lad
| objection TO the witness seeing and reading the
| paper, and it was shown to him.
While reading il Colonel Cook objected because
it was not the original testimony taken by the
coroner.
The objection was sustained and the paper with
( drawn.
Mr.. Perry stated that he had the testimony rs
taken By the coroner. THE REPUBLICAN, and the
Post, ana he intended to question the witness in
regard TO them.
The court held that he could be questioned
about the testimony given by him without having
been shown the coronerS notes. An exception
was then taken.
Mr.. Perry then continued to question the witness
as 10 what he testified to before the coroners jury
but obtained no further satisfaction than the re
ples, " ldon exactly know, or" don't recollect.'
THE HIETH MURDER.
Mr.. E. 4. Barnard examined and testified
that he resided i'll January, 1885, a. 1913 street
northwest.
- Do you remember the murder of George P.
Hirth?' asked Colonel Cook.
Il object" inteTjectcd Mr.. Perry, "a on the
ground that it is irrelevant
II is only Introducing" answered the Colonel;
and he then went on to say that by this evidence
they proposed to show that in January, $780,
George p Hirth kept store quite near to the place
where Johnson was shot by this defendant. On
his way from that store Hirth was cruelly muir
tended excitement in that neighborhood;
that it was a moral shock to the
alarmed, and terrified the people living in the
neishborhOOd; that the excitement arising from it
was so great as TO affect the minds of men and
women Of strong nerves and physical power: fol-
lowing that murder persons in that locality found
II dangerous TO move out and when they did so
moved with careful tread and listening ears that
the excitement was so great that it had tendency
to disturb the composllre of the minds of all in
that locality; this defendant one Of those re-
siding in that locality that this excitement which
excited like morbid atmosphere, reached,
touched, and affected the mind OF the defendant,
until it rested upon him like a living abid- |
ing presence Of evil: that it affected his mind as
TO excitementS, affected his Sleep and was the
topic Of his conversation when he was awake. IN
fact he became the victim of that excitement so
that his mind, weak and imbecile not only from |
natural but hereditary causes, affected BY il.
1t preyed upon his mind when he walked the |
streets ana on the night of the shooting. 1t was
tossed like as by a hurricane as he came BY the |
Hirth store, saw the cOlOred men following and it
was then that the shooting was done They laid |
il down one of the indiSputable facts that the
mind was notin normal condition, but abnormal
that the mind in insane state produced |
by the excitement from the Hirth murder, and !
further aggravated by the belief that these |
cOlored men were following the defendant and !
while in that condition the shooting was done He /!
was prepared TO support his position by authorities
His honor expressed wish to see them. |
Mr.. Perry said that he had no objection to the |
introduction of the testimony if he was permitted
TO contradict and show that, if excitement !
existed among the white people, there was per-
feet panic among the colored.
His honor stated that the point just mentioned |
had not yet been reached.
Colonel Cook thought that it would be time |
enough tOfind out how much panic there was when |
they got to it.
Mr.. Williams then proposed in writing the |
points already verbally set FORTH and a lengthy |
argument ensued as to its relevancy. His honor |
oVcTuled the point so far it was the intention
to show the public excitement and beliefs at the |
time of the Ifirth murder but allowed the defense
20 show the effect Of that murder the defendants
mind, and his conduct in connection Herewith.
The witness then testified that ne was not ac-
Quainted with and did not know Mr. Hirth. He
remembered a gentleman of that name being MUIR
deTed, but did not see him. He knew where
Hirths store was and was pretty well acquainted
in that neighborhOOd
An effort was here made 10 show the effect of the
murder the minds of the residents III that local
ity, but ii was ruled out.
Mr.. y. 4. Poole was next called, and the same
questions pTopounded to the previous witness were
asked and overruiled and an exception taken.
Mr.. T. p. Kingsbury, 4. VI. Daniels, Walter Hard
ing, John G. Cook, George Baxter, William Berg
man. r. V. Main, John ]. Atkinson, and Charles
Altman were offered to testify to the same point,
but the evidence was declared inadmisSable.
Al this point an adjournment was taken until
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