The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1885-03-05
Court of Common Pleas.
REPORTED BY D. MACKLEY.
THE JOHNSON CASE.

on the 4th OF January, 1885.
The defendant is a young man,
spare made. with strip Of whiskers
down in front of each ear. His mouth
is large, and upper lip thick, and turn
ed up. His hair is cut short, and is
dark, and straight. Tt is said that his
father was a white man, and his
mother an Indian.
E. G. Powell, Prosecuting Attor-
ney, and c. A. Atkinson for the State;
John L. Jones and J. K. McClung for
defense.
The first witness called was DIR. B.
F. Kitchen. He saw the body of
Maxwell ON the street soon after his
death. His doath was caused bv a
gunshot wound, with bird shot. De-
fendant testified before the acting
Coroner, and said he was holding his
gun presented, when he was struck in
the stomach with something, and fell
forward, and as he fell the gun was
discharged, but whether accidentally
or purposely, could not tell.
T. W. Steele called. Was Deputy
Sheriff on the 4th Of January last
Saw johnson that night. He said if
Maxwell came to his house again he
would kill him. Saw Maxwell at
Johnson's house after that. Maxwell
was passing US, and johnson said ''let
me shoot him." I told him not to
shoot. At that time Maxwell was go
ing in direction from Johnson's
house. Wien I went to the body of
Maxwell, johnson was groaning, and
doubled up, and said he had been
struck with a rock or something.
Cross examined. johnson came to
my house about half past seven o'clock,
and said some man was trying to break
into his house, and he wanted me to
60 with him. First saw Maxwell on
his horse in front of Johnson's house,
coming directly towards us. Then it
was that Johnson wanted to oshoot him.
[ told him not to shoot until found
out who it was. When we first saw
Maxwell he was on his horse in front
of Johnson's house, and was inquiring
of the inmates of the house about
some one. He then rushed towards
us, about as fast as his horse could 60.
and we had to get out Of the way. I
called to him to halt, but he paid no
but went on. | went to the
livery stable. to see if some one had
got horse, and thus to find who it
was. Two boys came to the stable
and said horse was hitched at Stern
berger's corner, and I started there
and saw a man about to get on the
horse, and he then left the horse and
ran down Main street. [ ran after
him, and when [ was between Stern
berger's corner and Moses Sternber-
gers residence, Maxwell turned and
shot toward me. I shot at him. Af-
forwards I heard another pistol shot
in the alley, in the direction Of John
sons house. In very short time |
heard the report of the shot gun.
Witness gave a lengthy description
of the various movements Of the sew
eral parties engaged in the pursuit of
Mrs. E. W. Mitchell called and
sworn. Was at home on the night of
;he killing. Heard three pistol shots,
5hen closed the door. One Of the
shots was in front Of our gate. Heard
;he report Of the gun. It was very
shortly after the last pistol shot.
Frank Mitchell. Was at home, and
heard the four shots. Agreed with
he other witnesses.
Charley Mitchell. This is a boy,
,right az new dollar. Heard the
our shots, the last one the loudest
Thinks the three pistol shots were ON
Main street.
Edward W. Mitchell. Was at the
Gibson House. and heard three or four
,istol shots, in quick succession. 1t
vas quite volley. and in the direction
f nv house. [ went out, and had
walked diagonally across Main street
perhaps Is or 100 feet, to near the
of Moses Sternberger, when
heard the loud report. When got
ome my hired girl had her head out
the window, and said some one was
urt, as she heard groaning. [ heard
he groaning.
W. B. Cherington. A boy picked
p revolver near the body of Max
7ell and gave it to me. It had three
mpty chambers. Heard the shots.
[eard the last, loud report. 1t was
wo reports, in quick succession.
10Th barrels Of the shot gun were
mpty.
Mrs. Herrick. Live near where
Iaxwell was killed. Did not hear
nv pistol shots, but heard very loud
eport of gun-one shot only. Af-
srwards heard a groaning. It was
,me FIVE minutes after | had heard
le shot.
John Herrick. Maxwell was killed
bout 100 feet from my house. Heard
very loud shot. A minute or two
tier the shot, heard groaning.
Hannah Green. Was at Mitchell's.
card two pistol shots. and one loud
port. Heard voice say, ''stop, stop,
T