Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-26
Failed to Keep Agreement.


to the speaker, failed to keep his agreement
regarding the arbitration plan and inSti-
tuted lawsuits for the purpose OF harassing
Johnston, and insisted on payments being
made in excess Of amounts owed by john
ston Johnston voluntarily moved from
Fairfield August 4, 1t was declared, and
Armes forbade him again putting foot on
the premises.
lived at Fairfield would be produced to tes-
tify THAT the morning of August q he visit
ed Johnston and informed the latter that
Mrs. Payne, Fairfield boarder, was about
to move, and that Major Armes had gone
to the city. Mrs. Payne, so it was asserted,
had been negotiating with Johnston about
securing rooms at his house, located in
Grant road, not far from Fairfield. john
ston remarked at the time, according to
counsel 'Inasmuch as Major Armes Is
down town, will go over to see Mrs.
Payne"
Fulton said that Johnston. when he
reached Fairfield, noticed Armes seated in
chair on the porch reading paper. Mrs.
Paynes effects were at the corner Of the
porch ready to be moved away. Mrs.
Payne and another woman boarder were
on the porch at another side Of the house.
Maj. Armes went into the house.
Used Insulting Language.
Mrs Payne excused herself to Johnston
for a few moments while she quieted her
little boy. Johnston walked to the corner
Of the porch and picked up a magazine
with which to amuse himself until Mrs.
Payne should again appear. A moment
later Maj. Armes came out of the house.
Advancing toward Johnston, Armes ex-
claimed:
1T want no such cattle as you and your
wife around here at ALL .,----~-,s - =
Major, you must quit scandalizing and
talking about my family and myself" '
Johnston replied to Armes, so Fulton told
the jury.
Armes then took quick step forward
and thrust his right hand in his hip pocket
so the defense contends. Johnston, believ-
ing that Armes had gone in the house for
the purpose of arming himself and being
alarmed at the majors threatening atti-
tude, produced pistol and fired. Armes
reeled. turned and ran into the house.
1--WE maintain that Johnston was justified
In doing what he did to defend himself"
Attorney Fulton said in conclusion. HE
went to Fairfield on peaceful mission, not
knowing that Armes was there. We think
we can prove to you that the testimony OF
certain Of the governments witnesses was
absolutely false"
First Witness for Defense.
]. K. steed. the first witness produced by
the defense, testified that he boarded at
Fairfield last summer. He visited Johnston
at the latterS house early the morning OF
August 81 Attorney Fulton attempted to
show that the witness told Johnston that
Mrs. Payne was moving. and that Major
Armes had gone to the city, but the gov
eminent objected to the admission OF con-
yersations in evidence, and the court sus-
tanned the objection.
The next witness, e. l.. Mcfarland. who
lived at Johnstons house last summer,
testified that he saw Major Armes on the
porch at Fairfield at $3.50 o'clock the morn
ing Of August q. apparently waiting to
board car moving citywards. The wit
ness also observed that Mrs. Payne was
getting ready to move. Objection was made
to the witness testifying regarding CONVEX
sations, and the objection was sustained,
an exception being noted.
j. A. Finch, who lives in Grant road, was
called for the purpose Of proving hostility
on the part of Armes toward Johnston, but
as his information was based on hearsay
he was not permitted to testify.
H. 8. Colt, who lives near Fairfield. de-
clared that the reputation Of Major Armes
in the locality where he resides was that of
violent man with uncontrolled passions,
while Johnston's reputation for peace and
order was good.
After recess Sergeant ]. ]. Murphy, Po-
liceman Riley and Policeman Blake Of the
police force and several other witnesses tes-
titled that Maj Armes' reputation for peace
and order and for truth and veracity Is bad.
This character Of evidence was being intro
duced at 3 O'Clock this afternoon.