The Russellville Democrat., 1892-04-28
CIRCUIT COURT.
fh@ Fate of Rob Johnson in tho Ffnnas
 of Jury.

toWnslip. indicted for murder in the first degree for tIse killing Of Vim. Mitchell on the 4th of January. 1892 came up at ] o'clock D. in. Four hours were consumed in selecting the jury the panel consisted of 5I men. Eleven were excused for cause, were excused by the state and 20 by tile defense. The si4lrv consists Of the following citizens
 J. w. Quinn, R. " Ellis. ". r. 1sack- cit. A. NJ. Sosbee. Jerry Gray. sabs Esants. J. E. Dollar, U l.. Meade. W. F. Began, II. II. Youngblood, Van Hos- well. c. N. Burns.
 The greater part of Tuesday was de- voted to taking testimony. Abolit 35 witnesses were examined. fully two- thirds of whom testified in behalf of the defense. establishing his character and standing in the community in which he lived.
 Argument began Tuesday afternoon and was concluded about midnight. Speeches were made by Messrs. Fowler, Lewis and Mckennon in behalf of the defendant, and by Mr. Davis for the State.
 The case vas given to the jury early Wednesday morning, Up to the time of going to press, , o'clock, D. m., no agree ment had been reached. 1t is highly probable the jury will be unable to a agree, as some of them are thought to be in favor of acquiftal and some for con~ yietion for manslaughter only.
 The state was represented by Prose- cutting Attorney Davis, the defense by Attorneys A. $. Mckennon of Clarks- vile, ]. A. Lewis of Appleton, and ]. T. Fowler of RussellyiIle
 HISTORY OF THE CRIME.
 John and Will Mitchell, brothers, liv- ed neighb0rs to Bob Johnson. They were renters, and being without n team, were forced to purchase span of mules. Johnson agreed to let them have a pair of mules to make crop, one condition of the trade being that the Mitchells were to pay for one of the mules and let both of them stand good for the other until it was paid for. Johnson turned ed the mules over to the Mitchells under this agreement This was sometime in the latter part of 1891. About the first of January the Mitchells matle arrange menfs to haul lumber from a saw mill, to use as a team until crop time the mules bought of Johnson. To this Johnson objected on the ground that they were sold to make Il crop and until they were paid for he had right to say what kind of work they should perform. The Mitchells contended they had right to work them before crop time in any reasonable employment, es- pecialIy since without the income of such work they could not expect to be able to meet the payments provided for in the contract. Johnson was obdurate and persisted in withholding his consent for the mules to be used for hauling lumber, and the Mitchells decided to re- ,cind the trade, sending Johnson word to that effect. On the day preceding the tragedy Johnson wrote John Mitchell note in which he told him the proposed of the contract was all right. he would take the mules back, and for him to come and move his corn away. On Monday morning the Mitch nll's employed their neighbors to assist in moving the corn. Wm. Mitchell pre- ceded his brother and arrived ut John sons barn sometime i'll the forenoon. He was accompanied by man named Rainey. Johnson went down to meet them. gun in hand He spoke in a friendly manner, and setting his gun against a tree, assisted ill pushing the wagon beside the crib door After brief conversation Johnson turned and started toward where his gun was stand ing. and about the same time Mitchell to him s'rhis is great deal of trouble for nothing" Johnson replied 1t is not my fault if it is." Hot words and finally Mitchell, raising his hand, said ssJohnson if you want any thing out of me you can get it any way you want it,n as he finished the sentence he placed his hand inside the waistband of his pants and looked defiantly at Johnson, who excitedly raised his gun to his shoulder and fired full load of buckshot into Mitchell's right side, from the effects of which he died in fifteen minutes.
 After the shooting Johnson went at once to Constable Griffin to surrender. That official being away from home. he left word where he could be fonnd, and the constable found him as stated and placed him under arrest. His examin- ing trial come off the following Friday, and he was bound over to the grand jury.
 The deceased remained where he died until late in the afternoon when an in quest was held and q verdict rendered in accordance with the facts.
 Bob Johnson Is middle-aged man. He enjoys the confidence and esteem Of his neighbors, and has the reputation of being honest and upright, usually quiet, though at times irritable and high tenn pered. His wife and two children were present at the trial and watched the proceedings with keen anxiety.
 The Mitchells came from Alabama eighteen months ago, and made crop last year in the Johnson neighborhood. Will, the deceased, married about four months before his death, Miss Florence Thompson, a worthy young lady of that community, who was present and watch- ed the progress of the trial with intense interest. John. brother of the deceased, and one of the States witnesses, also married Miss Thompson, sister of his brothers wife, about three months ago, and she too was present, together with her father and mother
 OTHER PROCEEDINGS.
 Petray vs. Petray, divorce granted.
 Stevens vs. Stevens, divorce granted and custody of child awarded plaintiff, Mary A. Stevens.
 Hubbard ys. Hubbard, $50 alimony and lawyers fees allowed and case con tinued.
 Geo. 0. Patterson and J. NJ. Jackson of Clarksville admitted to practice. Ex- animation said to be the best ever heard in this court.
 Court will adjourn soon as the John son jury is discharged.
 
 Having failed to carry Crawford and Sebastian counties, as he con fidentIy expected to do, Hon. clem