The Evening critic., 1881-06-15
INFANTICIDE.
Fanny JohusOn's Trial iii tiio Grim
i.nI Court

Fanny IOhusOu's Trial In. tiic Grim
inol Court.
In the Criminal Court this morning. the
trial of Fanny Johnson, alias Whitlow, for
the murder of her illcgtimate child by
exposure on the 10Th of September last, at
17l0 X street northwest was resumed, As
sstant District Attorney Perry for prosecu-
ton and Chas. Pelham and Gen. II. d.
Mitchell for defense.
Thomas G.. Douglass testified that he was
familiar with the premises, l149 X street,
having made Il careful examination thereof
during the past week, especially of the shed
where the dead child was found. The gate
leading into the alley could easily be sprung
eight or tcm inches, and the bottom of the
gate was about 81 inches from the earth.
Francis jackson testified that he knew
the father of the accused. He lives not
very far away. Witness premises are not
more than thirty feet from Barkcr's house.
About the time that Fanny was arrested n
still-born child was found in the back yard
of witness. There was nobody ON the prem
Uses of witness in n condition to have been
the mother of that child; think il was
found on the Monday or Tuesday of the
week Fanny was arrested.
On cross-cxamination witness admitted
that rs TO the fUtus found, he saw,
on examination of il, no head, no arms, nor
thought it was; thought it was found after
Fanny was arrested, but certainly in the
same week.
/ Mrs. Washington testified that she was
the owner of the premises described by pre-
ceding witness; something in the shape of
child was found in the back yard in the
week Fanny was arrested; was sure II was u
fGtus of about three months; 1t had Il head
and limbs, eyes, nose and mouth.
DR.. johnson testified in confederation of
the views expressed by Dr. Hartgan yes
made by him TO determine whether the
child in question had been alive
On cross-examinatiOn witness testified
that if qualification had set in, the lungs
would probably float, but the chances would
be that they would not be normal in color;
Il child may breathe in the act of birth and
initiate the lungs, and may cease to breathe
after birth: or, in other words, be born dead
DIR. Bigclow testified in substance as the
above witness and said that had the child
been smothcred, it would have presented nc
external indication thereof.
DIR. Hartigan was recalled and testified
that in his autopsy of the child he saw nc
indications of disease from which it might
have died.
On cross-examination he said he made nc
weighmcnts or measurements of the body Ol
its organs.
Catharinc Whitlow recalled. Don't know
where johnson, the alleged husband of the
accused, is she passed us his wife; johnson
was n black nian (Thc accused is also very
dark; Rcp.)-
Here the evidence was closed. Assistant
Dstrct-Attorney Perry said that he con
sidered he had done his duty to the govern
mcnt and did not propose to argue the case
Certain prayers were presented by the de
Tense, an impartial charge was delivered
by Judge Cox aud at Has the jury retired
At 1:30 o'clock the jury came into cour
and stated that they were unable to agree
there seeming to be Il doubt rs to whether
the hydrostatic test was conclusive as to thu
child having been born alive.
Judge Cox told them that the hydrostati'
test was not conclusive, but they must taxi
all the circumstances of the case into con
sidcation, and sent them back to the jury
room for consultation.
THE VERDICT mot GUILTY"
At 1I0 p. III. the jury came again int
court and rendered verdict of "n0
guilty" and the prisoner was discharge,
from custody.