Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-02
GUILTY OF MANYAUGHTER.
Verdict of Jury I'm Case of Wooster
johnson.

The trial of Worster Johnson, alias wor-
ster Clark. charged with the murder of
Emanuel Dodson last June, which was be-
gun yesterday in Criminal Court No. 1 be-
fore Justice Clabaugh and a jury, was con-
tinued today. The entire morning session
was occupied by counsel in the argument
on prayers. The following offered for the
defense were granted by the court: That
Before the jury can convict the defendant
as indicted they must be satisfied beyond
a reasonable doubt that he killed deceased
with malice aforethought and without JUS
tifable excuse.
1.-The jury are instructed that if they be-
lieve the circumstances were such as to
furnish reasonable ground in the mind of
the defendant for experimenting design
on the part of the deceased to take his life
or do him serious bodily harm, and the
defendant had reasonable ground for be-
1evlng the danger imminent, that such
design would be accomplished, although
II may afterward turn out that the ap-
pearances were false and there was in fact
no such design, the defendant would be JUS
titled in killing his assailant
The jury We're also instructed that If they
"helieye. from the testimony. that Johnson
was attacked by Dodson without having
produced the occasion for the assault, and
that the acts of Dodson then showed to
the mind of Johnson. situated as he was, a
present intention upon the part of Dodson
either to take his life or do him serious
bodily harm, or that it would have pro-
duced that impression upon the mind of
any reasonably prudent person, situated as
Johnson was. that Dodson was then about
to kill him do him some serious bodily
harm; and if the jury further believe that
the means he used were the only reason
able means at his command to avert the
threatened danger. and that he only fired
in his own actual self-defense. not actuated
by malice. and did not go there for the
purpose of killing Dodson. they will find
the defendant not guilty as charged in the
Indictment"
Two other prayers offered by the defense
were rejected by the court.
Upon the reassembling of the court after
recess Mr.. s. ID. Truitt of counsel for john
SO n made the opening argument for the de-
Tense. He occupied about forty minutes
followed by Mr.. Ashley NJ. Gould for the
government. Mr.. Gould spoke less than
half an hour, after which Maj. j. Mellow
ell Darlington made the closing argument
for the defense.
At five minutes before . o'clock United
States Attorney Anderson began the clos
ing argument for the prosecution and
closed at twenty-five minutes past ..
Judge Clabaugh called the attention of
the jury to the fact. among other things.
that the killing of Dodson by Johnson was
conceded. and explained to them that
malice aforethought did not necessarily
mean the bearing of il-will, but might re-
suit from a depraved mind.
1t is not incumbent upon the government.
the court said, to prove motive when a
deadly weapon is used and death results.
There We're circumstances when shooting
is eXcusable. and it was for the jury to con-
slider if such was the case with the present
trial.
Justice Clabaugh closed his charge short
ly before :; o'clock. when the jury retired
to consider their verdict.
The jury at $40 O'Clock returned YER
dict of manslaughter.