Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1905-06-16
FRED JOHNSON ON TRIAL.
eondvilIe Murder Case Under Way at
Manchester.

The trial Of Fred Johnson of Bond
willie for the murder of his brother.
Jay Johnson. was begun In Benning-
ton county court at Manchester We'd
nesday, June II, before Chief Justice
Rowell. The case is In charge Of At
torney General c. c.. Fits. assisted by
District Attorney William X. Daley.
Johnson's attorneys are o. Nj. Barber
of Bennington. F. C. Archibald of Man.
chester. A. f. Cudworth OF London
derry and j. l.. Martin of Brattleboro.
| After the jury had been empanelled
and sworn Attorney General Fits
made a statement TO the jury of the
facts as he understood the testimony
of the state would tend 10 show. The
respondent. Fred johnson. on Decem-
ber 81. went to the dwelling house OF
| his father in Winhal to get some
things he claimed belonged TO him.
His brother-in-law. Herbert Benson.
went with him in his team and they
were going TO take the goods to Mr..
Bensons house. short distance away.
They took two or three small loads
and while there for the purpose or
getting some lumber. Jay, with his
brother Herbert, came home ana a
quarrel among themselves ensued In
which Mr.. Benson and his wife par
ticipated.
Next day the respondent went again
to his fathers to get few remaining
articles belonging to him. He called
his father to the door to bid him
good-by and said he would never see
him again. and asked his mother to
bring out the articles above mem
toned and he did not go into the
house. Jay came out of the house and
Fred called him according to Jays
story) bad name. Jay started tow.
ard Fred. who went down the ROAD
toward Benson's, and Jay followed.
After Jay had started in pursuit OF
Fred. the mother went into the parlor
of the house to get a shawl and while
in there she heard three shots as she
thought. and going TO the door she
saw jay coming quite rapidly toward
the house and. when quite near the
house. blood gushed from his mouth.
and he fell down on the piazza ana
shortly died. One ball struck him. as
the autopsy showed. on the right SIDE
Just above the hip. and the other one
in the back under the shoulder blade.
passing through his body and lungs.
proving a fatal shot.
From the statement of the counsel
for the defense. 1t was conceded that
Fred did the shooting, but 1t is claimed
that as he went down the road. he
stepped off into the deep snow. and
seeing his brother close to him and
fearing bodily harm. to save his life
whipped out his revolver without see
ing Jay. as he was faced away from
him. held it back of him and snot.
hitting Jay as above stated. The the
ory of the counsel was that he shot IN
self defense and was justified in doing
so.
Owing to the illness of one OF the
iurymen. the trial was not resumed
until 2 O'Clock yesterday afternoon:
Mrs. Solomon Johnson, the aged
mother of the respondent. who was
the first witness called by the state.
took the stand. She is rs years OLD
and not in good health. She wept
bitterly while giving evidence danger.
Gus to her son. She testified that
after the crime was committed FREQ
refused her request to come into the
house to see his dead brothers body.
The direct examination was con-
Quoted by Attorney General Fits ana
the cross examination by ]. L. Martin
of Brattleboro.