Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-06-23
GUILTY OF MANSLAUGHTER
VERDICT IN JOHNSON MURDER
CASE AT MANCHESTER.
Tragedy Caused by Family Quarrel
Mccormick Found Guilty Of Jail
Breaking-Ssventh Annual School
for Health Officers.

for Health Officers.
The Jury in the case of state VS..
| Fred Johnson who shot his brother,
Jay, at Bondville In the town of Win
hail, Feb. 22. as the result of family
quarrel, brought I'm verdict OF
guilty of manslaughter in Bennington
county court at Manchester Wednes-
day, June Fl.
trial at Manchester Saturday. June
In. and the defence was inn
mediately begun. Mrs. Solomon John"
son, mother of the accused man, ties.
titled Thursday, June Is. that Jay had
said he did not want to stay at nome
and she had written Fred to come to
the house as she wanted him to take
the place. Fred told them to take
their choice between him and Jay.
| She and her husband conveyed the
place to Jay, who decided to stay.
She said that Jay had revolver IN
the house but did not know whether
Fred was aware of it. She did not
hear Fred say an unkind word to any
one on the day of the quarrel. the
father. Solomon johnson. said that
when Fred moved out his things Jay
said half the boards taken belonged 10
him. Fred had an axe in his hand and
ran to Jay and they clinched. Jay
threw Fred over backward and held
him there until he promised to be-
have. Jay let him loose and as soon
as Fred got up he seized sled stake
and would have hit Jay had not Her
bert johnson stopped him. Then
there was a tussle, through the house,
by Benson, Herbert johnson, Fred
and Jay and further quarreling fol-
lowed during which Jay took
stick of wood away from Bensons
wife and Benson and Jay grappled in
the sitting room. Mr.. Johnson sald
that he was looking out of the south
window when Jay followed Fred out
of the house. About eight to ten RODS
down the road Fred laid his goods
by the side of the road Jay was
coming toward the house after the
shots. Fred ran five steps toward
Jaw, then he travelled fast.
Mrs. Herbert L. Benson, a sister or
respondent. testified Friday June 16.
She said that the night before the
shooting. Fred expressed himself as
being much afraid that they would
kill him." probably meaning his
brothers, Herbert and Jay. On the
day of the shooting he said he would
not go into his fathers house and
have any trouble. When he left his
running after him, and said with an
oath. "rll do it, and I'll do 1t now.
When the respondent heard this ne
started to run, but fell into the snow.
Jaw was then within seven feet or
Fred, and the latter put revolver
behind his back and fired. The wit
ness said Fred did not look around.
though he might have glanced
around. After the shooting he start
ed toward the house of the Witness
and did not look around. The witness
further stated that Fred had been
much abused the day before the
shooting. When he came to her house
he had two black eyes. and his race
was swollen and bleeding as the re-
suit of a fight.
Herbert johnson. third brother Of
respondent, and town constable at
time of shooting. testified Saturday
June II. He admitted 1t was aus
graceful for a town officer 70 be IN
such a quarrel. He described the
Quarrel over the lumber, his testimony
conveying the idea that Fred was the
aggressor but ON cross-examlnatlon
admitted that the first angry words
were his own and that he came into
| the house believing that Fred Ought
to get a licking" and that he would
give it to him. He finally got FREQ
| by the throat and held him down on
| his back over the piazza rail, striking
him as often as he could
Harold Williams, town clerk, tesu-
fed that the old folks offered to pay
Fred 500 for his trouble in coming
home while they fixed up the matter
about the farm, but he declined 10
accept the money. Dana Johnson,
of Chester, another brother. testified
that his father said that if nobody
would tell. and if Herb and Ada
would keep STILL" the story could be
given out that Jay had shot himseH.
Oswald Clayton, editor of the Lon
donderry Sitter, testified that solomon
Johnson's faculties were not to be
depended upon, as he was ola anu ma
feeble. Mr.. Clayton said that at the
time of the autopsy Mr. johnson told
him Fred fired two shots first, then
turned and fired two more, whereas
in testimony at the trial he stated that
there were only three shots in all.
Several witnesses testified that Jay
johnson was somewhat intoxicated
the day of the quarrel and the stem
ographer at the preliminary nearing
from her notes told that DR.. Bingham
had testified, II think he might go
that distance (120 feet) before exud-
ing blood" A.,
States Attorney Daley argued the
case for the state and o. M. Barber
for defence There were tears in many
ewes in the court room While Mr.
Barber was speaking, and the prison.
err broke down, hiding his face IN MS
hands for some time.
Attorney General c. c. Fits closed
the argument for the state. reviewing
the evidence. He argued that the
quarrel of the day before had caused
malice in the prisoner, and he came
home intending to provoke a quarrel,
and use the revolver, which he carried
and held that the prisoner could not
have stood closer than 10 feet wheI
shot was fired. q
In his charge to the jury Tuesday,
June 20, Chief Justice Rowell held
the evidence, especially that OF thS
Bensons showed that Jay commltted
an assault on Fred, as the latter was
leaving the house. He then stated
the law governing evidence, and the
definition of reasonable doubt" self
defence. assault. and what constitutes
and differentiates the degrees OF
homicide.
The case was given to the jury at
5: 80 p. m.
The F. r. Patch Manufacturing |
company of Rutland has trusted tne
wages of 23 members of Protection
Lodge of Machinists to satisfy a
Judgment of $4,000 awarded the COM
acf