The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1893-06-02
THE JOHNSON HOMICIDE.
TRIAL OF ELI TUCK Err.
An Array of Counsel i'll the Case-Attor-
ney General Poe Assists the state Large
Crowds In Attendance.

An Array of Counsel in the Case-Attor
ney General Poe Assists the State -Lars,
! Crowds In Attendance.
| The court room was densely crowded, OF
Monday, when Eli Tucker was arraigned on al
Indictment charging him with the murder o
Uriah johnson, by shooting him with pistol
at Bynum station, on the LIST of last April
| The State was represented by Attorney Gener
al John P. Poe, States Attorney Walter W
| Preston and Edwin Fl. Webster of j. Tit
counsel for the prisoner were Harlan Il Web
ster, J. T. C. Hopkins and George Y. Magma
| dicr.
| The prisoner was dressed in IL dark suit ant
| his face was somewhat flushed as he sat gencr
ally with his head leaning on his hand, bowling
| from time to time to friends i'll the audience
who caught his eye. Members of his family
distressed and anxious, occupied seats on the
grand jury side and every available space wa:
filled with deeply interested spectators.
As soon as the Indictment was read Mr.. Hop
kins made motion to quash it, on the ground
that the grand jury had not been properly
constituted, in that persons drawn had been
excused before they were returned summoned
by the Sheriff.
Judge Walters over-ruled the motion, say.
ing that the court can excuse juror before
the first day of the termr An exception. upon
which the case can be taken to the Court OF
Appeals, was noted.
SELECTING A JURY.
The petit jurors were then called ana VII
liam L. Gosweler, Basil Grafton, Z. Worth
Shrodes and James J. Wilson were accepted as
jurors.
John NJ Street,, James Dunnigan, George
W. Gallup, George w. FOwble, Parker +.
Scarborough, Augustus Mahan. VIM: L.
Monks, Lawrence Forwood and VIM. L. w.t.
son Wee excused.
VIM. II. Day were opposed TO capital punish
ment and were excused
Thomas Cain, Albert p. Silver, Asel Tollen-
ger, Luther ). Osborn and Henry &. jenkins
were challenged by the defense.
The petit jury being exhausted the names OF
the 65 talesmen summoned were drawn from
Samuel f. Hanway, George a. Wilkinson,
Jos. b. Hanwuy, Dennis j. Shannahan were
excused, for various reasons.
John W. Stritehoff, j. Wilson Galbreath and
Harvey NJ. Wilkinson were sworn, bringing
the number of jurors up to seven.
G. Crevenston. John T. Ewing and McComas
Norris, being, opposed 10 capital punishment,
Augustus Kembold, Col. John Divers, Joseph
b. Twining and VIM. II. Carroll were chal-
Ienged by the defense.
Richard A. STREET. and Isaac Amos were
challenged by the State.
Court then took Il recess. Upon reuSSem-
bling Judge Waters excused Mr.. John w.
Stritehoff from serving us Il juror on the
ground of his wife being related to the prison.
er.
James w. GLADDEN., James b. Stansbury,
Augustus j. Wann, George }: Fmney, Frank
H. M9rgan' VIM: Il. Jarrett, WIN; e: BaY ing
b. Biles, Stephen Crow, Jacob G. Hollis, Chas:
A. Grey, Charles y; Dalam having formed
opinions or being otherwise disqualified were
Thos. L. Cathcart, Geo. w Anderson, Hugh
NJ Stokes, John w. Strawhridge. John III. Low
EFT John P; Cummings, Geo; Nj IT, HARDY a Lewis
Benjamin L. Mason was challenged. by the
State.
Henry C. Schiling, John NJ. Curry and John
C. Herbert were excused because of conscienti-
Gus scruples with regard to capital punishment.
Owen Dorsey, J. Wiley Norris, Z. Stanley
Patterson, William II. Hanna, j. Howard
Scarf were sworn, making eleven jurors in all
The 65 talesmen being exhausted Judge Wat
tiers drew 10 more names from the box, and
court adjourned until Tuesday morning:
The jurors were not allowed to separate, but
were given into the charge of the Sheriff, who
found comfortable quarters for them ut Wal
ker's Eagle Hotel.
Ten of the Is talesnen summoned answered to
their names. The first one was John X. Spen-
Ger, who said he was not certain that ne had
formed an opinion. Had heard the case talked
of and may have said that he believed the priS-
oner guilty Pending the disposition to be
made of Mr. Spencer the defence objected to
the use of notes made by the stenographers
employed by the State unless they were sworn
and the prisoners counsel have equal access to
the notes. This being agreed to the sten0-
grapherS, Charles NJ. Hinkle and Milton w.
Bumenberg, were sworn. Mr.. Blumenberg
read from his notes what Mr.. Spencer had said,
and Notwithstanding the objection of Mr.. Poe,
MIR. Spencer was excused.
The next talesman was William 7. Lilly, who
had not formed expressed an opinion and
was not opposed to capital punishment. He
was accepted by the defense and sworn. The
jury, rs completed, was'as follows:
VIM. l.. Gosweier, Basil Grafton, c. Worth
Shrodes, james J. Wilson, j. wilson Galbreath.
Harvey NJ. Wilkinson, Owen Dorsey, j. Wiley
Norris E. Stanley Patterson, VIM. III. HANNA,
j. Howard Scarf, VIM. Il. Lilly.
THE TRIAL BEGUN.
Clerk ScarborO read to the jury the SOL
emn indictment, charging the prisoner at the
bar with having caused the death of Criah
Johnson by shooting him with pistol on the
states Attorney Preston then made to the
jury Il plain and succinct statement of what
the State expected to prove This was i'll the
main in accordance with published accounts OF
the case.
The defense reserved their opening state
mcnt.
The first witness was Dr. Wake b. Munnik-
huysen, who testified that he attended Criah
johnson when he was brought to DIR. Richard
sons drug store, after he WAS shot. johnson
came into the drug store and said, doctor, IN
glad to see YOU After getting him to lie
down on a sofa he said I'm Il dead man" He
also said Eli Tucker had shgf him without pro
in and We had him removed to GelZenliters
Hotel. opposite the drug store, where we at
tended him. He gradually sank until Tuesday
morning, at l O'clock when he died. MY opn
ion from the first was that he was going to die.
Was present at the time johnson made his
dying declaration He was asked whether he
had any hope of recovery. He replied, mo,
I'm dead man. The cause Of his death was
IL bullet which was found at the post mortem
examination. The bullet was shown. John
sons face was blackened and his right side was
bruised. He had no hope of his recovery.
On cross-examnation DIR. Munnikhuysen
said the bruises looked as if they had been done
24 hours before he saw him. He attributed
the discoloraton to the wound. He COM
planned of being sore all over.
DIR. L; Hall Richardson was in attendance
Everything was done for him that could be done
The bullet struck the 18th rib, passed back
wards and downwards, graZed the large mites
tine. johnson was nervous and excited ana
said all the time he was going to die. Both his
eyes were discolorcd and his body much bruis-
ed. He had little cut on his left hand. When
asked what lie considered his condition to be
he said he was going to die. The bullet was
found in the fourth lumbar vertebrate and it
caused Johnson's death, no other cause assist
ing. Witness had said that johnson might re-
cover, but his recovery would depend upon
the course the ball had taken. If it were i'll
the abdominal cavity he would die, but if it
had lodged in the deep abdominal muscles he
might recover. Johnson's dying declaration
was read to him. He assented to it and signed
it with the witnesses.
States Attorney Preston related the manner
in which the declaration was made. 1t was
read to johnson, who assented to it after re-
questing some corrections TO De made: Ihese
were made by witness. the declaration was
signed by Johnson and the witnesses, and
johnson then made affidavit to it before JUS
tice Richardson.
Justice Geo W. Richardson testified to the
same effect with regard to the taking and sign
ing of Johnson's dying declaration. Being
cross -examined he said Mr.. Preston asked
johnson many questions and johnson said
some things which Mr.. Preston did not put
down. They were things which did not relate
to the case.
Alfred r. Jones likewise testified us to the
manner i'll which the declaration was made
Mr.. Jones testimony corroboratcd the proceed
ing evidence.
States Attorney Preston proceeded to read
JonnsOns dying declaration, but was inter-
rupted by counsel for the defence, who OBJ
jected to the admission of IL certain part of the
the court and an exception noted.
JOHNSON'S DYING DECLARATION.
Johnson in his dying declaration, which was
made ON April lst the day he was shot, states
that on the 3lst of March he had backed his
wagon up to II car ut Bynum station, to take
away empty cans Eli Tucker came out of the
store, cursed him and said he wouldn't let any
cans go out until the demurrage Paid
johnson told him Mr.. 5. a. Williams was help
pay the damage. 1ucrer said Johnson
was II c. d = liar and he would not believe
him on oath. Tuckcr struck johnson horses
and struck him, and then Andrew Reynolds
ran out and struc Johnson. II gave them no
provocatou to strike Inc beyond backing up
my wagon. We had II fight there Reynolds,
Tucker and |, and they beat me. Tucker then
followed me around the wagon and cursed me
but didn't then strike me" Johnson then
walked to Bel Air, got the money, returned to
Bynum, paid the demurrage, got II load OF
cans and went home.
This morning | came down to get another
load of cans. After | had the wagon loaded
hn
Thought would ask him what sense there was
in What he did XcStprflnY.l He said, VIII lick