The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-06-29
DECIDE FATE OF
AUSTIN JOHNSON.
Judge Scott Will Probably REM
der His Decision This
Morning.
HAS SPENT LIFE IN PRISON
Hitter, Now Awaiting Trial Tor
Cutting Wires, An Old
Jailbird.

Jailbird.
Judge Scott, Of Henrico county, is ex-
pected this morning to render decisioh
unon the motion of Mir. Edgar English
,ounse, for Austin Johnson. tho negro
condemned to die on July goth Tor cf,i rn1'
nal assault that now trial be allowed
upon the grounds of evidence afterwards
discovered. The decision was expec,eu
Yesterday, but owing to pressure OF b'sl-s
ness it was not gwen.
Austin johnson is confined IN a cell
with Joe Langley, a negro VINO Is 10 % %
indicted by the grand jury Monday upon
n charge of murder. TO johnson there
IS one chance in hundred Of escaping
death on the gnllows, while to his COM
nan,on there arc many things IN his
favor. In the event that Judge Scott
grants a new trial there is still the prob
10 ability Of a second conviction for me
"a crime. and with the conviction there Is
but one penalty to be imposed-dcath.
Johnson thus far has proven an enigma
to the officers of the county. lie mann
tains his innocence, and at the same
time does not discuss the case or ms
anproachinE death. Relatives OF !lhe
man, who have been admitted to tho
iail. have failed to make him tax.
Through tho days he walks backward
and forth in his cell, paying little attei1-
ton to his surroundings and never en-
tering a conversation with his 1elloW-
prisoner Not word does he utter 70
his keeper. His wants are few, and ne
* makes them known In monosyllables.tSI Ills
replies to questions are likewise IN TINS
manner. + ti
49, like a caEed animal he walks the floor
{ Of the cell The terrible strain upon him
has left its marks. The negro to-day
Is thin, hollow-eyed and pale, yet withal
apparently resigned to his fate.
Many Years in Prison.
James Hitter a negro now confined in
the Henrico county Jail upon a charge OF
having cut the wires of the virginia ', l,as-
senger and Power Company on the seven
Pines line, is a man of about fifty years,
and more than half of that time has been
spent behind prison bars. Twice has he
served sentences in the Virginia peni-
tertiary, and on occasions too numerous
TO mention he has been sentenced to jan
for thirty, sixty, ninety days, ana even
as high as twelve months He Is a thlet
of the first water, and it has appeared
4 stealing as it Is to keep a duck out OF.
water, a'S
Hitter some years ago lost an arm by a
install ball. He was fleeing from arrest
at the time.
For the Grand Jury.
The Henrioo Circuit Court will convene
for the next term Monday, and there are
several criminal cases for the considera-
ton OF the grand jury. At least two Of
the cases may result in the infliction
Of the death penalty. rs
Samuel King, negro, is to be indicted
for criminal assault upon his sixteen
4 year-old stepdaughter. King lives near
Glen Allen.
Joe Langley, who Is now confined IN
the same cell with Austin Johnson is
charged with numbering woman more
that they will be sent to the grand jury
negro struck the woman with brick
and that death resulted about n month
afterwards. Langley left the city. and
after being away for about year 1t was
learned that he was in Norfolk. Deputy
Sheriff Frayser went after him and
brought him back to Richmond.
Other cases to come before the grand
jury will be Walliam f.. Peasants. fo1
cutting a woman C..I3agl6y. for breaking
and entering a house; FARRELL peasants
an old chicken thief. and Tom Fran
cioni, for highway robbery.
The two negroes Hitter and Dagger, are
to be tried Saturday, and 1t is probable
that they will be sent to tn egrand jury
Ind indictments found against them mex
week
Following are the members of the
grand jury: Messrs. w. B. Grover. M. II
shrk. Wyatt Price, Frank Hess. Gcorg'
Is Watt, Jr., Valentine Hechler, Jr., A. Il
Sheppard, r. B, Traylor II. c. Beattie
Sam c. Duval. John T. Jones and Majo
Burwell.
A Probable Candidate.
rumor apparently wcll-grounded is il
circulation in Henrco county that at tn
chairman OF the Board of Supervisor
of the county, will be a candidate 70
the position Of commissioner of revenue
Mr.. Frayser is one of the best know
men in the county. and II he decide
definitely to enter the race. he Will b
a candidate to be rocked with.
Store Robbed.
Robbers entered the store OF Mr. AT
drew Anderson, in Fulton Monday nigh
than a dozen boxes OF good cigars an
several bottles of soda water, Their
Is little clue to the thieves.
With the Justice.
James Wright didn't pay ~ fine of s2
II assessed against him by Squire Ang
yesterday, and asa result he will spcn
vacation in Jail.
Evans Lawson, n thrteen-year-o
white boy for trespassing on the Ches.
peake and Ohio Railroad, was held
Jail until the authorities of other elite
could be notified.
Takes Charge Saturday.
County Superintendent Jackson Davi
who was recently elected TO this positio
defeated Superintendent Russell, wi
had held the position for about tweni
years. was at the court house ycsterda
Mr.. Davis takes charge of the positic
to which he WAS elected on next Satu