The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1906-03-06

and told about the same story given by he
+ at the trial of johnson. DIR. Joseph Stoke
a told of the post norton and other Incl
e dents discovered in surgical examination
The testimony of Mrs. Eastlack, Ma
, Walker, Detective Sergeant John H
3 Lynch, Mrs. Rudderow and her daughtel
| Anna, added nothing new to what they
{ stated at the johnson trial.
Mr.. Gaskill objected to the admission Of
any of the goods stolen from the house
on the ground that they did not connect
, Small with the crime of murder, but he
was overruled.
Mrs. Ezekiel Moffett, living across the
street, saw a colored man, dressed in com
mon working clothes, standing between
her house and the Atkinson barn. He
went up to Moorestown, which is directly
opposite to the course taken by Rufus
johnson. George Snyder was with Mrs.
Moftett He failed to identify cap
shown him.
At this point Prosecutor Atkinson called
in their order v. Claude Palmer, Deputy
Sheriff Joseph B. Fleetwood, Griffith w.
Lewis. Detective Lore, DR.. w. P. Melcher
and Constable Throckmorton. and by
them he prepared the way for introducing
the confession From their testimony it
was shown that there was no irregularity
in securing the confession, the prisoner
being duly cautioned according to law.
Frank ]. Lore was the star witness, and
his cross examination enlivened the after
noon session. Mr.. Gaskill questioned the
detective about his stay in SmalPs cell
from February 10 to February 81, and
made him tell in detail the incidents lead
/ ing up to the confession. The lawyer in
timated that the witness had forced the
colored mans statement from him by
threats and promises.
did you not tell Small that johnson
would be set free if he would make con-
fession 2" asked Mr.. Gaskill.
| mo. sir"
| "Did you not say that If he would tell
all about the crime John Dugan would
provide $500 for his defence and would
get him off ?" ~ did not"
what was the conversation about
$500P" when Mr.. Dugan went with me
to Small's cell afer the prisoner had sent
for him. said that neither of us meant
to do the wrong thing by him. l told him
that Mr.. Dugan was his best friend and
would rather lose $500 than see him pun
ished if he were not guilty"
Ibid you not tell Small that if he
would confess you would save both his
life and Johnson's2" II did not.
Lore emphatically denied having made
any threats or false promises to Small and
told of johnson and Small having dis
cussed and signed the confession together
in the latter's cell.
Lore said his connection with Small was
to get confession from him. In answer
to question Lore said: Il never uttered
one prayer with Small. am not a church
member, and / do not engage in that kind
of business. I told Small Iput 800 in my
pocket to make the investigation, and in
doing so would protect him as well as
any one else. / would do nothing against
Small that was not straight Dugan said
he would spend $500 before he would al
low any one to do anything that was not
absolutely right In securing the convict
on of Small"
1t came as a surprise to Mr.. Gaskill to
learn that Small had made an admission
previous to giving his confession, and this
led to renewed efforts to get out all the
facts.
George don't make these statements to
me if they are not true, said Lore. Small
took his wife by the hand and asked her
how she felt, and she said she felt awful
bad. George, pray; pray and ask God to
forgive your sins" she implored him.
Small then told Lore he was going to tell
the truth because of what his wife said,
who declared she was not at home on Jan
uary IS.
The two murderers:were brought togeth-
er at this interview and the scene was
pathetic Small took johnson by the
hand and said: Rufus, l amt got any
thing against you. knew you were tell
ing the truth about me-" "And / amt
got anything against you" replied john
son. The men then made up and discuss
ed the murder between them for half an
hour, during which a description of the
scene was given when johnson returned
from the house to the barn.
The state then offered the confession in
evidence.
Mr.. Gaskill made vigorous objection
to its admission, stating that 1t was
secondary evidence and should be testified
to orally.
Small's attorney then called John Dugan
to the stand and sought to prove by him
that Lore had led the colored man to be-
lieve that $500 would be provided for his
defence.
Mr.. Dugan said Lore told Small that
there is a man, one of the best friends you
have. Why don't you make confession
to him. He will spend $500 to help you,
if necessary" Lore offered to spend no
money. He offered no inducements, made
no threats or promise of favor if he would
confess.
Martin Dugan corroborated the above
testimony.
The defence offered no further evidence
on this point. Mr. Gaskill objected to the
confession on the ground that it was i'm
properly obtained. being false fiattery of
hope, and grossly tainted. Certainly the
offer of $500 to get him off was an induce
ment to confess, and made after his nerves
had been shattered.
Prosecutor Atkinson became very earnest
in his insistment that the confession was
legal in every respect.
Judge Hendrickson said the question
was whether any unlawful means had
been used to the admission. There
are methods that can be used to get the
truth that are lawful. The Judge could
not see but that the confession was vol
untary. 1t was admitted in evidence and
read to the Jury.
| William Slaughter gave important testi-
mony, stating that in his presence Small
went to Moorestown on the day of the
murder, which contradicts the prisoners
own words to the authorities.
| Following is the confession:
'On Tuesday night between seven and
eight o'clock on January is, 1905, Rufus
johnson came to my house and stayed
until Thursday morning. January IS. On
Tuesday night when Rufus came to my
house told him about Mr.. Goodenough
having a warrant for him and told him
that he had better be careful. that the
officers were looking for him. l went to
L 81 aob ID ~