Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-03-17
MURDER IN FIRST DEGREE
FRED JOHNSON HELD WITHOUT
BAIL ON THAT CHARGE.
Hearing Took Place in Winhall Last
Friday fternoon-Counsel for De-
fense Put in No Evidence but Made
Request for Bail.

Request for Bail.
Held without bail to await the ac
tion of the grand jury on TN
charge Of murder in the first degre
was the decision made by Justice NJ
II. Swift of Bennington after weighing
the evidence brought out at the hear
ing In the case of Fred johnson
which took place at Winhall last Fri
day afternoon. The alleged murderer
was remanded to Bennington coun.
ty Jail, and was taken there Saturday
afternoon by Sheriff Wilson and Dep.
uty Sheriff Godfrey. Johnson seem.
ed much disappointed at the result OF
the hearing, having confidently ex-
pected TO be admitted to bail on the
charge of slaughter.
The hearing opened in the Winhall
town hall at 2 O'clock Friday after
noon and was attended by every resi-
dent of the town who could find a
place to witness the proceedings
Work in Bondville and vicinity was
entirely suspended during the after
noon, and the occasion was made a
general holiday. Most of those pres
ent had known the prisoner and his
brother since boyhood and followed
the evidence brought out with the
resented by Attorney General Clarke
c. Fits of Brattleboro and States At
torney Daley of Bennington, while the
accused was defended by United
States District Attorney J. l.. Martin
of Brattlehoro Attorney A. T.. Cud-
worth of Londonderry and Attorney
IF. G.. Archibald of Manchester Four
teen state witnesses were summoned
but only a part Of them We're called
upon to testify. Their evidence
brought out the story Of a family feud
rivalling the Kentucky mountains in
its intensity. The defense put in no
testimony. but made a request that
the prisoner be admitted to bail. This
was denied.
Fred Johnson, the accused, and Jay
johnson, his victim, We're the sons of
Solomon Johnson and grandsons on
their fathers side of a full booded
Indian. They had another brother
Herbert, who represented Winhall in
the legislature last fall They had al
ways lived in Winhal or vicinity.
All the testimony agrees that the
family was always in quarrel. Strife
was as regular as their meals and al
most as frequent. Fred and Jay were
both scrappers. especially between
themselves and except for short peri
btlS VI truce Udltu Gtttil OliltT NltiE All
the vindicativeness of the Indian race
from which they sprung. The shoot
ing took place on Wednesday, Feb %,
but the final quarrel began the day
before, when Fred Johnson drove to
his fathers house with team to take
away some goods that Fred claimed |
were his property While he was after |
The things his brother Jay arrived |
nome from Manchester, appearing II |
Is said somewhat exhilarated. The |
wo brothers no sooner met than hot |
ak began, ending only when Fred |
eft the house without taking the |
hings he went after.
Next day however he returned for |
hem and the quarrel was renewed, |
FAY accused Fred of taking things that |
lid not belong to him and Fred re- /
)lied by calling Jay liar" and
,ther hard names. Finally Fred got
he things he went after, or a part
# them and left his fathers house.
lay had gone from the house first and
he two came together again in the
Dad a short distance from the dwell
ng While they were talking Fred
topped out of the beaten highway and
ank to his hips in the snow Jay
anne and stood over him and more
lot words were spoken.
1T was tnen tnat Fred drew 32 cal
bre revolver from his pocket and shot
lis brother in the back. The ball
truck the shoulder blade and the
round made was not dangerous The
tate witnesses claim that on re-
Giving this wound Jay started to run
ack to the house and got some dis
lnce from his brother when the latter
aised his revolver and. taking delb-
rate aim, fired again at the fleeing
ian. This part of the testimony was
OF brought out at the hearing. 1t
as the second bullet that did
le fatal work. Like the first it struck !
le victim in the back but passing be-
veen the ribs lodged in the left lung. .
Jay continued to run and reached !
lie house dropping on the piazza with {
Is head on the threshold. He died Z
efore he could be gotten into the q
ouse. He spoke a few words but of =
} importance as bearing on the case \
cath was caused by hemorrhage of ),
lie lungs, the blood pouring in
trough the hole made by the bullet I