The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-06-30
CONDEMNED MAN
ARGUES HIS CASE
Austin Johnson Sentenced TO
Hang, Gets New Lease
on Life.
,t0 N ccDTcMpCp
TO HANG IN SEPTEMBER I. Y lei
Accused Says HE'S Innocent, and
That Plot Was Made
Against Him.

In answer 10 INC queSliou w SiSiN
Taddll as to whether he had anything
10 say why the death sentence should
low be passed upon him for criminal as
sauit upon Ruth Pnchbcck, the eleven
year-od daughter Of MIR. and Mrs. O. L.
i-lnchbeck, Austin johnson, the neGSo
who was convicted some weeks ago stood
facing Judge Scott In Henrlco Circuit
Court yesterday and In clear and dis
tinct voice carrying with 1t evidences OF
sincerity protested his Innocence OF all
knowledge Of the crime, and termed his
arrest and conviction plot concocted
by several witnesses for the Common
wealth.
For more than ten minutes he argued
for his life. His language was typical
OF the uneducated negro, but his manner
impressed everyone in the sound OF his
voice. Taking up the evidence that had
been adduced by the Common wealth, he
commented upon its different phases,
scoring several good points that had
heretofore been in the dark
After johnson had finished talking,
Judge Scott ordered him to be taken to
the Jail and there confined until the
18th OF September when he should be
hanged.
The motion for new trial upon the
grounds OF evidence afterwards dis
covered, made by Mr.. English some time
ago, and once before argued, was argued
for more than three hours yesterday by
Mr.. English and Commonwealth Attor-
ney Louis Wendenburg In substantiation
<,.;,,i
grounds of after discovered evidence, At
torncy Edgar b. English submitted an
affidavit from Mr.. j. T. Cousins, who
lives adjoining the Pinchbecks on which
was design ed to set forth that testimony
of the little girl that she had seen the
accused on the day previous to the
crime was prompted by a conversation he
(the wtness) had with Mr.. and Mrs.
Pinchbeck day or so after the arrest of
Johnson. The affiant In reply to a direct
question from the court saiL that he did
not believe that Mrs. Pinchbeck or the
little girl would wlfully swear away the
life of n human being by substituting tes-
timony not strictly correct, but that 1t
was his impression that the little girl
was prompted to say she had seen john
son the day before she was assaulted.
Cousins Examined.
q Not only did he make affidavit to this
I point, hut MIR. Cousins went on the stand
and was examined along the line by the
attorneys and the court. After the COM
mission of the crime, Mr. Cousins was
frequently with the Pinchbccks and to
a certain degree acted as their counsel,
advising them in matters pertaining to
the trial.
When Ruth Pinchbeck went on the
stand she Identified johnson as her as
sailant. and further said that she had
seen him on the day previous to the
e-Friday-leading a balky horse
down Washington Street She was positive
she saw the accused between IL and 1
o'clock. This was strong point of the
Commonwealth In establishing the more
thorough Identification of the accused.
Mr.. Cousins is a partner Of Mr.. Weimer,
who testified at the trial that he en-
ployed Johnson on Friday before the as
sault on Saturday. Between ~ and 1
o'clock.
Mr.. Cousins said that johnson was in
another part Of the city; that he was
driving n balky horse, but that at no time
during the day did he come within three
squares of Washington Street.
y In overriding theA- motion for n new
trial upon the grounds set forth. Judge
Scott was visibly affected. In reviewing
the affidavit and the evidence of the
trial he was careful and deliberate. The
defense had fallen down in its attempt to
prove an abb. he said. The testimony
of the witnesses for the establishment Of
an alibl was not such as would make a
strong impression upon the jury; not
that men who played cards and crap
could not tell the truth, but that in de-
Gliding a case of this nature the members
of the jury were the judges of the man
ner of n witness while on the. witness
stand. God knows that wish there was
I'M affidavit here upon which could set
aside this verdict If there was any rea-
enable doubt in my mind would give
the benefit of It to the accused and lot
him have another show" said judge
Scott, with considerable feeling. Just
before concluding, Judge Scott said that
it might be a mistake; that human test-
mony might be weak. and that some witt
ness might have sworn falsely. But the
jury had determined the guilt of the