The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-27
JURY HAS THE CASE
THE JOHNSON MURDER CASE TRIED
EXPEDITIOUSLY.
Arguments On Both sides Concluded
and the Jury Retired Mt fsf5
i'm the Afternoon.
DEATH PENALTY DEMANDED
TT Is NAMED As THE ONLY MEANS OF
CHECKING SUCH CRIMES.
The plea OF the Defense was Self
D~efcnSe-other Cases I'm the
County Courts.

The case OF James Johnson, charged with
the murder Of Joel Combs, went TO the
jury at AS O'Clock yesterday afternoon,
lust thirty days after the murder. The trial
came TO an end sooner than was anticipated
by the attorneys on both sides. The State
practically finished it's case Monday after
noon with the testimony OF Sam Williams,
cOlored, who was in the crowd with John
son when the shooting was DONE. On his
testimony. more than any other, the case
hangs. JohnsOn's father, mother and sister
were called to the witness stand by the de-
Tense yesterday morning in an attempt TO
impeach Williams. They said Williams
had stated that Combs advanced toward
Johnson on the night Of the murder before
Johnson shot. The effort was also to show
that Johnson acted in self-defense. Will
liams was recalled for discrimination,
but the most rigid questioning failed to
shake his former testimony.
Deputy Prosecutor Charles Benedict be-
gan the argument for the State in the fore
noon. He argued that the death penalty
should be imposed. He said Johnson had
shown no mercy to his victim and that the
jury should show none. His argument was
short. as was that OF Pauper Attorney
Amos Hines. who followed with the open
ing argument for the defense. Hines said
tina Johnson had acted in self-defense. All
of the afternoon was taken up by Frank
McCray for the defense and Henry n.
Spaan, representing the State. McCray con-
tended that Johnson acted in self-defense
and that the testimony of Williams was
that Of a liar. thief and murderer. He at
tackled the witnesses and Prosecutor Ruck-
elshaUs and the attorneys for the State for
their method of procedure In the case.
MR.. SPANS ARGUMENT.
Henry n Spans argument was for i'm
posing Il cath penalty. He said: "As
sure as there is a God in heaven this MUIR
derer should be punished by death. May
justice be swift, sure and terrible. y
verdict other than death will make outlaws
of this class of men. The law should ter
rorize them and make them know that law
Is the weapon civilization has against muir
der like this. You should enforce the law
80 that no mob would ever lynch a man.,
be he white or black. Show him mercy!
Why, has mercy not been shown him?
He has been given a fair trial before a jury
and he should suffer the penalty Tor MS
crime
Judge. Affords instructions to the jury
covered several typewriter pages, and de-
fined the degrees of murder, reasonable
doubt and the meaning Of self-defense.
Johnson showed no signs of emotion dur
ing the argument or trial and sat stolidly
IN his chair as the jury filed out TO decide
his fate.
sensation was narrowly averted dur
ing the afternoon by a colOred woman
walking into the courtroom with a shotgun.
Judge Afford saw her and sent Ball1ff
Mendenhall after the weapon. He took
the gun and demanded an explanation.
The gun belonged TO her brother, who said
he was on his way home and had stopped
for a few minutes to see George Bell, col
ored saloon keeper, who was one of the
witnesses. The whole proceeding went off
50 quietly that no one IN the courtroom
knew of il. After the jury retired Judge
Afford called the colOred man before him
and told him that If he had exposed the
weapon in court and before the jury he
would have been sent to Jail for at least
thirty days. This badly frightened tn
negro, and the judge added that if he ever
did anything OF the kind again he would
surely send him 70 Jail.