The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-10-27
Many Witnesses Testify That Cap
tain Walton Could Not See
His Human Target.
Several Guardsmen From Minneapo-
lis Sworn--Case Will Reach
the Jury Tomorrow.

Special to The Journal.
Anoka, Mimi, Oct 27.-The feeling to-
day Is that Captain Percy A. Walton. the
Minneapolis guardsman, will be acquitted
of the charge Of manslaughter in the sec
ond degree for the accidental killing of lit
tie Johnny I[risko near the rifle range at
Columbia Heights In this county. The
evidence this forenoon went to show with
out exception that he was not negligent on
careless in the ordinary acceptation Of
those terms; that the body of the boy
could not be seen from where he was
standing. the long distance and the pres
ence of weeds about the spot preventing.
George r. Egbert, second lieutenant Of
Company F of Minneapolis. was the first
witness to-day. He did not see the boy
until after the shooting, but he looked
the ground over thoroughly after the
accident, standing where the boy was
lying and also taking position where
Walton stood when in the act Of firing.
Walton. he positively swore, had to shoot
through a small bunch of weeds to hit the
target which he supposed was piece of
paper, but which was the body of little
Johnny.
Position Of Stone Changed.
Corporal Baring-Gould Of Minneapolis
said he was reading paper and did not
see the shooting. Newspapers and target
papers, he said, were blowing about and
lying upon the ground. He saw, he testt-
fed Sheriff Tierney Of Anoka county
place the stone which he used to mark the
spot where the boy was lying. and later
he saw some one else move the stone to
the top Of an iron pipe which protruded
four inches above the ground, SO that when
Tierney reached the spot where Captain
Walton had stood it was possible for him
to see the stone plainly
The corporal's testimony did not cor
respond in all particulars with the evil
dence given by him at the coroner's In
quest, but he declared he was right this
time. that the details were clearer In his
mind now than then.
Private John Tigue. also member OF
Company F, corroborated all the previous
evidence as to there being a patch OF
weeds between Walton and the boy. He
also testified that the stone was resting
upon the pin when Tlerney saw it, thus
reinforcing the evidence given by Corporal
Barring Gould He was not sure, how
ever. whether Walton's bullet had to pass
through a bunch Of weeds In order to hit
the boy.
Bunch of Weeds In Court.
At this point Attorney Wyman,, for the
defense, sought to introduce in evidence
as an exhibit a bunch Of weeds picked
yesterday in the vicinity Of the shooting
and to be allowed to present evidence that
the weeds were similar to those growing
ing. The court did not think such evil
dence admissible and ruled against it.
G.. II. Chiffon. a bOokkeeper and guards
man Of the flour city, testified as to the
general condition of the grounds. On his
cross Examination it was brought out that
the grass in all the vicinity had been pref
ty closely cropped.
e. F. Rossman, another guardsman, was
in the rifle pit doing the marking. Go.
ing out just before the shooting of Johnny
by Captain Walton, he had walked within
a hundred feet of where the boy was anC
did not notice him.
Fred Hull, a l6-year- old boy, was herd
ing cows near the scene and was the mex
witness sworn by the state. The obiec
that Walton shot at, he said, looked to hin
Hike piece Of paper and he further gave
corroborative evidence that weeds were
there and that the captain must have sho
through them to hit the boy.
Phillips Evidence.
E!xpressman Phillips, a Columbia
Heights man, followed as witness for thu
defense. When he arrived on the scene
he said, the boy was still alive. Later
when it was seen a life had been taken, h
experimental by placing a child Of abou
the age and size of Johnny Krisko In tn
position In which the latter was lyinl
when he met his death and then he him
self took a stand where Walton had stoo
when he fired. The witness swore that
was impossible, owing to the distance, t
discern the outlines Of human form o
anything to indicate that person was ly
ing upon the ground.
Court adjourned after the evidence Civ
en- by this witness until 2 p. M The ev1
dence will in all probability be finished tc
day and the case made ready for the jur
by tomorrow morning.
Where State and Defense Diverge.
Mrs. Krisko was called by the state, b,
as she could not understand English an
there was no one present to interpret Be
hemian the defense admitted the ident
ficaton Of the clothing and she was a
lowed to go.
The witnesses for the prosecution abo,
all testified that the body Of q child place
in the same position as that in whic
Johnny Krisko lay when the fatal sht
was fired would be plainly visible from tt
spot where Captain Walton stood.