Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-24
THE LIMIT OF THE LAW
Slayer Of John D. Marshall Given Sentences
of Ten Years.
Plea of Not Guilty Withdrawn and
Confession of Manslaughter Sub
stituted-The Courts Comment.

Frank Johnson, eolored, accused of the
murder of John D. Marshall the I'D of
last August, today in Criminal Court No. 2
withdrew the plea of not guilty heretofore
entered, and pleaded guilty of manslaugh-
ter. This latter plea was accepted by the
district attorney, and thereupon Judge
Bradley imposed the limit of the law SEN
fencing johnson to serve ten years in
the New Jersey state prison at Trenton
with labor. In addition, the law so re-
quiring, fine was imposed, the court fix
ing the amount at $50.
The meeting between Johnson and Mar
shall that resulted in the death of the
latter was somewhat out of the ordinary
and occurred, as stated, on the morning of
the 23d of last August before daylight
Marshall was a farmer and was on the
way to market. He had just crossed the
Pennsylvania Avenue bridge and entered
the city with his horse and wagon, when,
according to statement he made at Provi-
derice Hospital, soon after the occurrence
a voice called out from the darkness, Give
me match" Before Marshall had time
to reply, he declared, revolver was dis
charged and a bullet entered his left leg
near the knee. The injured man was re-
moved to the hospital mentioned when he
died Unexpectedly several hours later 1t
was developed by means of post -mortem
examination thatf the bullet had passed
up through the leF and lodged in the peri
toneum. - ,it
picious character, and when searched at
the station house p loaded pistol was foGiu
in his possession ,a He was sentenced in
the Police Court,f toe a term in Jail for
carrying concealed Weapons. The suspi
cions ola dete9tiye, from headquarters,
who happened toope dp court at the tine,
were aroused by fhe fact that Johnson an
swered the general description of the mai
who shot Marshall. amp by the further fact
that chamber of she revolver found in
his possession was empty. Johnson was
taken to police headquarters, where later
he confessed THAR he shad done the shoot
ing, but pleaded oself defense, s.-.,.s-.s.i
The case was sat for trial last Monday,
but at the request of counsel for the de-
tense It was s9n5Rsgea qn fSafy Soun
was, prepared 'to';plead guilty Of man
slaughter. Tho reply oftfDfstrict Attorney
Davis was that the proposition, being sub
mitted without warming, he was not pre-
pared to act thereon without considering
the matter carefully. -
During the past week District Attorney
Davis reviewed the case thoroughly. A
conference was also held with Judge Brad
ley. 1t was seen that the only evidence in
the possession of the district attorney of
what transpired at the time of the shoot
ing was the statements made by Johnson
in his confession. They were to the effect
that an alteration occurred between john
Pohnson. cursed him and struck him over
the head with whip. johnson thereupon
shot Marshall in the leg.
The district attorney realized that he
could prove no motive for the killing be-
yond passion resulting from an. ARRAY.
There was no robbery and no attempt at
robbery. --t 40 ......--. -.
After Johnson had pleaded guilty of
manslaughter today Assistant District At
torney Shillngton ia accepting the plea,
reviewed the facts in the case and the con-
illusions of the district attorney. He ask
ed that the limit of the law be imposed.
Attorney Leverett b. Englesby of ceun
sci for the defense made earnest plea
for ,.leniency, after which Judge Bradley
went over the case, remarkng that john
son had absolutely no excuse for firing the
fatal shot. and adding that the prisoner
would unquestionahly be guilty of murder
in the second degree if the law provided
for degrees of murder in this District.
The sentence stated was then impos-
ed, the court stating that the prisoner was
fortunate in escaping as easily as he did.
In addition to Mr.. Englesby, Messrs.
Fountain Peyton and Joseph H. Stewart
were the attorneys for, johnson.