The Montgomery advertiser., 1905-11-25
MONTGOMERY. ALABAMA SATURDAY NOVEMBER 25

jOs
 I was drunk den. left him and went home and went to bed"
 But you just admitted awhile ago that you were with Mrs. Smith on the mountain"
 "welI may be was. I'll let it 70 dat way. I was drunk and didn't know what was doing. But didn't see Will Johnston any more dat night replied Hunter.
 But when VIII Johnston was on the stand he swore that he saw you and Vance Garner catch Mrs. Smith by the arm and go on with her in the dark ness toward the place where her body was found" he was told.
 Set Trap for Hinself.
 Now listen at dat said Hunter with surprise 'ewhat's de use of tryfn' to help a man when he goes on and sets a trap for himself. Yes sir. dat nigger Is tryin' to sit his own self in it. And he goes around to tell a lie to do 1t. Me and Will Johnson left de Southern depot a long time after dat Rome and Decatur train passed. He knows
 ..But was he on the mountain with you?''
 Jest like tole you before was drunk I don't know what happened. Maybe Vance Garner can tell. He seems to know more about 1t den any body else.'',
 And as he went to go. Hunter said. well you can tell 'em day have got de right ones.''
 An especially lucid charge was given the jury trying VIII Johnston by Judge Disaue. In addition to dealing with the issues brought out in the trial and the true meaning of a reasonable doubt. the judge dweit particularly up- on the conspiracy feature of the case. The State had sought throughout the entire Johnston case to establish It as fact that Johnston had agreed with and formed conspiracy with Hunter and Garner to assault Mrs. Smith and that In the commission of the crime of assault the crime of murder was com mitted.
 Existence of Agreement.
 Witness after witness had been put upon the stand to show the existence of such an agreement and of acts which showed such conspiracy. Judge Dis que made 1t clear to the Jury what was con <p'f.,
 The jury required an hour in .hc making of its verdict. If brought it in with wording wrong and the judge sent them jurors back to have 1t drawn up correctly.
 Johnston heard the verdict with evi- dent fear. Of the three negroes. he has been the most concerned. He has shown tho most appreciation of his desperate condition. the most fear of what is to come. He declared after the verdict had been red and he had been led from the court room 'sI didn't get justice. I'm goin' to take an appeal"
 With the reading of the Johnston yer diet ended the blackest page of Eto- wah County's criminal history. In re- cent years no erime in saygery, in brut- alIty has approached the killing of Mrs. Smith unless it was the horrible mur- der of Mss Belle Bloodworth in De- catur. a crime which was very similar. Both of these terrible deeds were com mitted in Alabama and both were con- mitted by negroes.
 Condemned By the Law.
 And to Alabama's continued honor it should be said that not one of the ne- groes was lynched or fell victims to mob law fin any form. The two negroes guilty of the murder of Mics Blood- worth and the three negroes guilty of the murder of Mrs. Smith and each of them guilty of crime worse than murder were legally tried and legally convicted.
 BlOEy OI lliat iiA6htf NHCh taPaHtN and murder stalked hand in hand on the mountain side, will be told. It will be told then when and how the deed was planned. A condemned negro will stand forth and tell 1t. He will tell first of the nights carousaI on Crap Shooters Hilr' was planned by them for the two Smith boys, or he will tell that perhaps the plan of the crime was hurriedly planned that night when the inhuman brutes, infiamed by whtskey. saw the patient mother, q cape wrap ned about her head to keep out the night, plodded on in the darkness from place to place looking for her erring boys. It will be told that they saw her thus, and with stealthy foot steps, followed her along skulking in the black night until she came to a lonely place in the mountain path. away from the haunts of men, where she had been walking.
 The fearful struggle there on the ground in the darkness will be told if any of the negroes have the hardihood to tell the horrible story And 1t may be told which of them wrapped his hands in her hair and drag ged her through the bushes. down the over the read into the ravine, and left her there murdered, maimed and violated.
 Loyalty Of Little Dog.
 When it is all known. the brightest part in the whole terrible tale will be the affection and loyalty of a little dog for his iIl-fated and unhappy mistress. He was with her that night. Where she went he went. Every witness who saw her that night told of the little white dog that followed. In what ever danger she went, he went, what ever hardships she bore in that fruit less search, he bore. He was a dumb witness to the awful happenings on the mountain. And when the murder CTS had slunk away in the darkness he remained faithful and loyal to the last. Through the long hours of the night he lay by the poor maimed body and guarded it with his presence all that he could.
 Those who came first and saw the horrors that the Sunday morning sun revealed, saw, too, the little white dog watching the body of his dead mis- tress. The crowd gathered and sur the body, but he did not move or change his position. Finally and not until then, when the body was the dog crept away, asthetic little figure of affection and faithful