Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-01-28
The JOhnson.JO hnson Murder TRIAL.
TESTIMONY Fo9 THE pKYsSCk

yesterday, In the Criminal Court Judge
James. the trial Of John Silas Marshall John
son. young white man, charged With the muir
der OF James E. Johnson. colored. on the 10Th
OF March. 1850. on 14th street. above street,
was continued after our report closed-Messrs
COrkhill and Perry for the government, and
MessTs. w. A. Cook, A. b. Williams and F. FL.
Falls for the accused-and certain exceptions
TAKEN 10 the rulings OF the court were settled.
TO-DAY
there was quite large audience present The
government stated that their witness fOf1 ,er
Hoillna1) was sick, and therefore they closed.
Nj. Cook for the defendant referring tn rho
LIST OF witnesses. said that the name of Richa I'd
A. Norris appeared. and he submitted thar the
suthorliles required the government 70 call All
their witnesses.
Mr.. Perry said that summons had been "a.
sue1 Ior Norris and returned mon est" and
tnaI j! NE were here the government not being
entlreiy satisfied as TO his good faith, were not
uspoSe0 10 put him on the stand They had
attempted TO summon him. however. and failed,
defendant.
Mr.. Cook said In regard TO this witness there
was somewhat Of coincidence In the witness
10r The government who would fail TO sustain
us theory not being found The defence navfn !,
found that this witness mad noe beea called
naQ maze an examination aud aScerUained that
ne had been so returned. Norris had been in
the District all the time, and his attend ,nce
quiIed.
Mr.. Perry.-We ordered the subpoena and the
question as 70 the return Is with the 10 4rsn4l.
MI. COOK claimed thar under the Law every
hess should be called, and cited numerous
Mr.. Perry Claimed that the government was
hot required 10 put On the stand every witness.
ana READ authorities to that effect. H. sun
mite q that after the statement OF the govern
mem. tnat they had no faith I'm his testimony
no ourt WORLD require the witness TO be
placed On the stand.
aln
peen decided in the Hirth case. He claimed
mat the government had directed the summons
OF Norris, and he had been returned non esq and
they were bound to respect the return. IL
MOTIFS was here now 1t Was not at the Instance
OF the government, who certainly had the right
10 elect what witnesses 10 put on the stand
Mr. Williams arose, when Mr.. Perry said
What Is before the court
Mr. Williams repied:-"We move that this
witness be called oy the government"
MI Fer1y.-"We say he was returned non
Mir Williams claimed that the law OF CON
greSs mere mot the Michigan Statute) gave the
prisoner the right TO have this witness called.
Aims point Mr.. Perrys attention was called
10 the return OF the marshal on subpoena
issued by the defence to Norris at the corlier or
I 1a11 ana streets, and the explanation was
made that the governments subpoena was dt-
rected to l.2l 9Th street. from which place he
removed some months since.
Mr.. Williams proceeded claiming that Norris
LdAe uelDS la the llSJ FURNISHED, he should De
called, and he asked that the witness be called
MT. Perry remarked -" We say thai the
witness has been returned mot found If Nor
rs is here he is present under subpoena OF the
defendant
Mir. Cook read the subpoena OF the government
for ClarEsOn, Norris and Hickman, on winch
Norris and Hacbman are both returned mot
FOUND" and he called attention to Hackman
having been examined
some further discussion followed, pending
which the court took a recess I'LL o'clock.
AFTER RECESS
ON assembling Judge James decided that the
prosecutor Is not bound to examine the Wiz
nesses on the back OF The Indictment: that the
list o. witnesses furnished by the prosecutor
was 10 prevent surprise to the defendant It
was a common practice that such witnesses
should De called. and he would therefore grant
Inc motion that witness should be called In
order that 1t should appear whether OR not he
was available.
The bailiff On the order OF the court called
Norris, who appeared.
The Court intimated that the defendants
motion that the government should put witness
)n The stand would be oyerruled
The defence then asked that Norris be placed
1I the stand. and the government obiect!ng. a
lengthy argument followed.
The count oyerruled the motion The de-
ence 40 ted an exception.