The Montgomery advertiser., 1905-02-17

was there to further outline the the ory of the defense that she herself struck George Bryan and not her sis- ter
 She was, she said, in the kitchen when the trouble began. She ran out to see her father struggling with three strange men. She did not, she said, know that the men were officers of the law. She heard her father call for his gun and she ran to carry it to him. The gun was taken away from her by Sheriff Hartley.
 When he had taken the gun, the wit ness said, she seized a board and struck George Bryan. This was after the shooting, the witness said. The witt ness declared Maggie did not strike the blow or attempt to strike any of tho officers. In his cross examination, Solicitor Bricken asked:
 Maggie JOhnson's Evidence.
 "You say you struck the blow that knocked George Bryan loose from your father. Did you say that yesterday when you were on the stand, in your own trialT'
 "No," replied the witness. In reply to a question from Judge Terry Richardson. she said she had not said that before because she had not been asked.
 The defendant, Maggie Johnson was the last witness to take the stand in her own defense. Like her mother and her sister she gave her evidence pain fully and with difficulty. It was brought out only with earnest ques- tioning. In giving her answer the de- fendant hesitated through several silent intervals.
 She told of rushing out in the yard when the trouble began with the three strange men. whom she did not know were officers of the law. The witness declared that she did not take any part in the fight and that she made no at- tempt to hit George Bryan or any one else with a board. She declared that she was on the piazza when the shots were fired which killed George Bryan. She was so excited when she ran out she couldn't tell what happened. She did not remember seeing her sister Katie hit or try to hit George Bryan. She was very much scared and was crying during all the time. Tn her cross examination Solicitor Bricken asked:
 'Is it not fact that you struck George Bryan with a board and knocked him flat on his face?
 No" replied the witness. Sheriff Hartley Testihes. 1 Tn rebuttal of the evidence by Mrs. Emma Johnson and Katie Johnson, Sheriff Hartley was called to the stand. The Sherlff denied positively that part | of the testimony of these two witnesses which made 1t appear that Katie John son and not Maggie Johnson struck Bryan with the plank or scantling.
 The Sheriff said he saw Maggie John son strike the blow. He attempted to take the board away from her. but was l ha n nf Katie Johnson. The Sheriff was quite positive as to this part of his testi-
 In reply to a question from the so- licItor during his examination, the Sheriff said he had never seen Katie Johnson scared since he had charge of her until she got on the witness stand. Then for the first time she showed fear and nervousness.
 dence.
 The jury arguments in the case be- gan at 2 o'clock in the afternoon. By agreement each side took an hour for the presentation of it's side to the Jury.
 The number of ladies attending the trial has increased with the afternoon session and the speakers had a large | they addressed to the jury.
 The argument for the prosecution was opened by County Solicitor Gam ble. He sympatnized with the mem bers of the jury whom the law had called to perform a most unpleasant duty. That the woman before them charged with the high crime of mur- der was a woman made no difference lin the legal aspect of tine case and in the discharge of their duty by the jurymen.
 The question the jury was to an- swer was. could John Johnson have shot George Bryan without the assis- tance of his daughter? Mr, Gamble contended earnestly that he could nor i have done~so. He argued that the ev- Iidence showed beyond any doubt thu . the officers had Johnson overpowered 1 and under control. until Maggie John son ran up and knocked George Bryan loose from the struggle with a plank or a piece of board. This and this only Mir. Gamble contended gave John son the chance to draw his pistol and shoot the deputy If Johnson was gull ty of murder in the first degree. his daughter was guilty of murder in the