Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-04-02
DEATH SENTENCE.
WALTER JOHNSON TO Be HANGED
NAY 22D AT PETERSBURG.
uis Trial and His Own Defence" oniity
~ Charged ana Death the
punishmenf."
Ispeclal selerram . the DIspatch.l

Especial telegram 70 the Dispatch.l
fcorrcepondcnce Of the Richmond Dispatch.l
rxrraspuno. Va, April 1.-The special
term OF the Circuit Court OF Petersburg
directed by Judge Hancock 10 DO held for the
trial Of Walter johnson tcoloredD indicted for
fe,onious assault upon Mira Elizabeth NJ. Majors.
IN Nossoway county, on tho 10Th Of September,
1890. was opened to-day promptly at IL O'Clock.
An the witnesses from the county, a score Of
more, were present
johnson whom brought IN from the jail was
placed in she prisoners oox-the iirst time IN
ycars that this box has boen occupied. He was
apparently eomcwhet nervous, but upon his ar
fragment plead |" Not guilty" In loud, clear
voice. Having no counsel, the prisoner was 'n-
formed by the Court 81 bis right 70 question and
challenge the veniremen, and o. all The privi-
lcges belonging 10 the defence. Tho Court re-
quested Thomas &. johnson, the coiored lawyer,
10 Get as the prisoners counsel. but be declined
on the ground that owing 70 the ehortnees OF time
for preparation in 10 important case he could
neither do himself nor the defendant justice.
AJUKY OBTAINED.
Nearly three hours time was consumed 10 ern-
paDeliipg n Jury. The Sergeant had SEVERN
times 70 go out upon the strects with orders from
the Court 20 summon talesmen. The Court was
very rigid In thc examination Of the yeniremen,
nearly all OF whom had formed and expressed
opinions from the accounts they had read N the
nswspspers or from reports tsey nsa nse1s
scrupics about infiicting the death penalty:
Finally, however, jury OF good AND intelngen'
men, who could try the accused fairy ana I'M :
partially and render verdict 10 accordance with
the evidence OF sworn Witnesses, was Obtained,
ana the Court adjourned for dinner.
johnson awaited himself 20 very Limited e1-
tent Of the privileges granted him by the Court.
Ho objected 20 only one or two Jurors and at one
time called upon tho Court 70 granl MN u nA-
cd jury"
When the court met this afternoon MIS-; MA
fora was put upon the stand. An appeal was
rnaLe 20 the Court by the friends Of the LADY tnst
in view of the delicate and trying ordeal 70 when
she was about TO be subjected the court-room De
cleared Of all spectators This was overruIeu
by the Judge on the ground that the Law guaran-
tees public trial Tho Court took occasion 70
warn all persons In the room, however, tnat u
was expected they would behave as shn1,1a h
and that any breach OF oecorum onouiu no
promptly punished.
DIRECT AND POSITIVE.
Mrs Majors testimony was direct ana posi,lve
ne 10 the assault committed upon her, and her
statement as TO how she ,, was tea an" 'fu''i'
She Identified the prisoner as her assa1lnDt and
cxplained that her refusal 70 identity him When
brought into her presence unael no. ny hep
husband. A number OF witnesses from Notto-
way and from this city testified 20 tho confession
OF the crime made TO them by johnson, con-
teSslDn InhuO dhd "hASse -
promises -
The prisoner acted as his own COUNSEL cross
examined the witnesses for the Commonwealth,
and conducted the examination OF those sum- SUI ~
moned in his own behalf. He showed himself 70
be n shrewd, sharp fellow in this respect and In
nowise lacking I'm sense. The Testimony OF MS
own witnesses rather preiudced than benefited
DECLARED Ills INNOCENCE.
Ancta raH
Innocence, denying that he was In the county AT
the time, He said that he never made but one
confession and that when ropo had been placed
around his neck and pistols were drawn upon
him by a dozen men who had taken him TO the
woods IN Nottoway county and threatened him
with death II ne did not confess: lie neoe inc
confession then under the promise That ne Wouid
be allowed two days In which to pray. -,
The Commonwealth was ably represented Dy
Commonwealth s-Attorney John M. Morton' OF
Noftoway, and CommOnwealth's-At Attorney d. M.
Mullen, OF Petersburg. Tho utmost fairness
was shown to the prisoner throughout the trial.
the more noticeable because he had no COUNSEL
ANYTHING BUT DEATH.
johnson addressed the Jury and again declared
his Innocence, but should the jury convict no
begged them not TO impose the death pehaIIy
He said he would prefer any other punshneht
20 death, even II II were thirty or hity years IA
the penitentiary. The case was given TO the
Jury al 7:2O o'clock and in six minutes they
knocked for admission 70 the courtroom
THE VERDICT GUILTY.
There was a perfect hush and not n sound
could be heard In the crowded room: "Gentle,
agreed upon a yerdict7 ?" "We have,' answered
the foreman. "What say you" asked the clerk,
"is the prisoner guilty or not guilty.? "1ulity,
answered the foreman The verdict was theh
handed % the Clerk, who read;
"We, the Jury, find the prisoner guilty as
charged In the first count OF the indictment, ana
TX death as his punishment"
A.x, ~ ntt nm
ment OF the verdict, and the only utterapce that
came from johnson were the despairing words:
"GooD GRACIOUS"
Upon being asked II he had anything 70 say
why sentence OF death should not be passed upon
him, johnson simply replied to again assert his
innocence.
Judge Hancock then sentenced johnson TO be
hanged on the 22d OF May next, the execution 70
take place in the jail-yard In this city. ms
will be tho first execution here since the war
johnson fairly broke down after sentence mao
been passed upon him and looked like changed
man whom taken back 70 jail.
WHAT CONSTITUTES A HOMESTEAD.
Judge Hancock to-day delivered his opinion In
the case OF Hunncut trustee, vs. Mason. Some
years ago Mason fled his deed In Sussex county,
claiming certain lands In that county as his
homestead.
deed Of trust 10 j. NJ. Hunnicut, trustee, convey
secure certain creditors. Prior 10 the claiming
az the homestead X. q. Lee obtained ludg-
Tnent against Mason and duly docketed II in
Sussex county. The trustee brought SUIT 10 nave
All the liens on the land ascertainod and TO have
the land sold under the deed OF trust 10 pay the
debts secured thereby.
THE RULING.
The Court holds that under the recent decision
OF Blose "a Bear by the Court OF Appeals, the
homestead Ii only a right 70 occupy the premises
-. hat gha rtU n
claim Il as homestead; that II the homestead
is abandoned or otherwise expires, then 1udg-
ment liens which attached prior 70 the claiming
of the Homestead can be enforced against the
land: that the right of occupancy can be sold or
encumbered, but the person purchasing IL either
directly or at sale, under the deed OF trust has
no greater right than the person claiming the
homestead-to wit, tho right 10 occupy IL aB long
as the homestead Is In existence, subject to the
liens upon IL when claimed as homestead.
This case arose before the recent changes
made In the homestead law by the Code OF 1887.
DIR. EDWARDS DEATH.
The announcement OF the deash Of Rev. DR..
John L. Edwards caused profound regret-n0t
only among the Methodists, but among all classes
Of the community. He was probably better
known here than any other minister OF the VIZ
ginia Conference and was universally loved ana
honored. He was the father and the builder OF
the Market-Street church, OF which he had
charge for two terms He was loved az ever lew
ministers are loved, and his memory VIII long be
kept green In the hearts OF the people.
PERSONAL AND GENERAL.
The terms OF Mossrs. Robert Gillian, OF Peters
burg; O. y. Nuckolls, Of Louisa, and Il. h. JEFF
fries, OF Halifax county, as members OF the Board
Of Directors Of the Central Lunatic Asylum Will
expire ON the 18th Instant The vacancies VIII
DO hlled by the Governor.
DEMOCRATIC PRIMARY.
At a meeting Of the Democratic City Commit
Tee held tonight the report Of the suo-commit-
tee appointed 20 fix the date and draft plan for
holding the primary election for the nomination
of a candidate for city treasurer was submitted
and adopted.
zach candidate shall pay 10 the treasurer Of
the City Committee the sum OF $3.50 as his quota
towards defraying the expenses OF the primary
which sum must bo paid on or before noon Of
April 10th-eny sum remaining over and above
the necessary expenses to DO returned 70 the
candidates pro rata.
THE END OF THE lENTEN SEASON
Celebrated by the Regular University Ger
man CIub-The Gay Dancers.