Daily Republican., 1884-11-11
TIL EO|7I3
sthii on Trial.

4
ed. 'A' ueiense was
Charles johnson vas Amos
tined that he is the fatbs, "ofn, a
e. sf; He did not know Wa ri the \,
did not know certain thai Lingo
acquainted with him ~, uis :
night that Warrington was 'I 10, !
ness was At his home in Ham uar,
MS son slept at home hs 'i aa;'a
up about day break Tho no no.. Gale
70 SO 70 his work. Lewis va, n,
March. 1866, and ia now IL v Sas
Thisclosed the evidence %! ,s
and Mr.. Gray re called Chsr tls a !,
who testified that when he , os
the church with the lam 'Am y
son standing outside. 'nA'a
Deputy Attorney.Gsns,,,
opened the argument forth. 81.
jury, and said that now th s'. We
was eli In. there was notbin9 ~.
done but TO briefly discusses ;, ,ei'
was no doubt but Warrington r. h.,
TILED and the ouly thing for i ua'
70 determine who it was th III ,ne
him, and what the desres o tI "a :,
II the prisoner commit,ed ,t mu .
has not offered one word to sh no y
was done In self-defense. ~ A ~,
was b 'side himself with apos, nI
There are certain ear maj. T.;
case that 90 to chow that vhasva
mitted this murder, done i. WIN
aforethonght, and was guilty Of \
IN the FIRST degree. He tbsn " "a.
the evidence, and said thai II
not show tina, Lewis Jobuson
that mans life, such a fact ras
Defore proven. Three of The vii,
gave direct testimony that tn, n,
!! struck the fatal. blows,and the ~
Was corroborated by the witness,
the defense.
Mr.. Cooper closed about II o'cil
citing several authorities on The
ent degrees Of murder, and what
tuted murder In the frs, DEGREES
asked the Court to Instruct IN,
accordingly.
he was followed by Franc
walker, ESQ. who was associate,
Mr.. Higgins and made the Of
argumentfU for the defense. He cI
ed that the STATE had not only ri
show that Lewis johnson CON
the crime, but that he even hal
motive 20 commit it. II the nj
was the man the State would Id
jury believe him to be, be would
committed SOME terrible deprs
In Middletown, long before b
eighteen years old. But even II
State charges il true, and Lewis
son d d kill Warrington, the criu
nothing more than manslaughr
they could not by any possibility
verdict OF murder In the tirst
Some of the States witnesses had
fed what they saw that night,
had been shown that II WAS 80 dal
IL was not possible for them I'd
seen anything.
Mr.. Walker spoke for twent
minutes, and when be closed Nd
gins commenced his closing arg
for the defense. He said that
were many awful things in life,
most awful was that of premed
murder and such crime could
bs conceived in a heart black
description.
He then proceeded to revie
different degrees OF murder, az
planned TO the jury what cons
murder in the first degree, and
not think for one moment that
was q single man on the Jury
would say that the man who
Warrington the fatal blow, done
the inten ton of taking his lits
other thing that constitutes muir
the first degree is that the ~
must be inflicted with a
weapon, and there was no Oh
would ray that n pine paling
classified as such. There had
nothing shown 10 prove that tbs
any malice between johnson ana
ington, and he did not know II
ter would be alive TO day, even
son had not gone near that chur
that fatal night.
He d welt on the fact that tne
used WAS not powerful euougn
ture the skull, or even break ln'
and did not bell We that whoever
the blow intended to take " arr
lie, tor il he had, he wo'i'd nav
a knife, a gun or a bindeeoi
beautiful words in the ritual
Episcopal Church, " Save US ~
deu DEATH" should be conslae
the jury, aud induce them 10
power with which they are VesIs
save this boy from a sudden Anu
death,
He wished that he could w.
bottom of this case Ne No'
knew what Warrington waS
here that night with a pls'oI
as ne thought then DC "
able to show that Warrington
some trouble previous with So i
son, and that when be mel u, y,
night he drew the pistol a.
struck with the club, but ln,'' y
been any evidence produera.a ,n
that there had been any dli DING"
tween the prisoner anu 'ho A
wa Rn n even if the jury bellsV'
johnson struck the blows ,o ",
Warrington's death II was n rO,
in the first degree, neltiiel w. n
IN the second degree
WA, AN, thing at all, it ~as VI ".
In speaking Oh n, az
mony OF the witnesses lo t. iii
oointed out several improba,oii,,,a',
aid that although they IN ha .,, s's
they had seen both W wa hssn
johnson that night, it haa o ow
mat it war as dark as 'nsn n ri n
and that where they, stood a. u no ss
,, the trees it womb DC i"f
hem to recognize any ONE ,ei.ssd
Another hing thai he w ,a, !,
to, aas the iac' ' a,,snt
, ram ,hs testimony of the pr ~
himself he gave up the ;, e IN hid
irst, and only called :a an
morning by me e ac 'a.,s% el
vas there any post, lno', ,hs ex|
ion held to determine Ine n,
he injuries, or to SNOW oS ~asath
,ctuAily caused tue man . ssst q
Mr.. Higgins took his o ssss
clock I,, a, and Attorney Genera .nS"t
= T ~ msnced the final argum.stuns,
'.aDs, in on the definition o. y,
" ,Se fimt degree, on which ia,r0 &c
he Court, 10 making INC 'A
truct the jury. ,,.,,d,,d BIZ