The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1906-02-13


! the stealing must be by force or putting
in fear, either from the person or in the
presence of the person. If forcible steal.
ing occurs in dwelling house, even in 9
! room In the same house separate from that
where person is who is in control of the
whole house, that is sufficient to constitute
robbery. In the mind of the court, how.
ever, there was too much doubt to extend
the crime of robbery to the taking OF
goods in the daytime in building entirely
separate from the place where the murder
was committed. The advice of the court
was not to base verdict of murder of the
first degree on the idea that the defendant
was perpetrating or attempting to perpe-
trate burglary or robbery.
The question of wilful, deliberate and
premeditated killing was next considered.
If these points were decided in the affirm
alive the verdict must be of the first de-
gree, without regard to the committing OF
any other crime. The term wilful was de-
fined by the Judge as an act willed by the
perpetrator, that he meant to do what
happened. Premeditated means the for
nation of design. Deliberate indicates
the consumption of sufficient time between
the determination to kill and the carrying
out of the intention, for the man to be-
NOAAC COuoClOub VI Vic StdLc vi Ills nina
and his determination to carry out his de-
sign. This elaboration need not consume
any length of time.
weighed and connected in order to reach
a proper conclusion. In considering
whether the purpose to kill was deliberate,
whether the man had time to think over
what he was going to do. the testimony of
the prisoner might be needed. He said he
seized her by the throat to stop her noise,
so that she became almost insensible, and
upon seeing her show signs of recovering,
he again seized her by the throat
and then he seemed to think of something
else and tied strap about her neck so
tightly that, in the opinion of one physi
clan, it was likely to cause death in a few
minutes. To discover his purpose in
these acts was the province and duty of
the jury, and they should ascertain why
they were committed in this way, to find
out, If possible, whether the man was
thinking of what he was doing, whether
he was celebrating, whether he was in
tending to kill. As the Judge had before
said there must be present intention to
take life, not merely to injure or wound In
a serious manner, and very proper ques-
ton to ask in this connection was whether
the act of tying the strap so closely about
the neck was an intention to complete the
work so as to destroy the woman as a wit
ness to his crime
OF course it is an impossibility to see
into the mind of person, that can only
be learned by acts and circumstances, and
the jury must be the judge of them. If
the different facts testified to lead to the
beyond q fair and reasonable
IN hot he AofouAorf
take Miss Allinson's life and did it with
deliberation and generalization, then the
verdict must be for murder of the first
degree. The term reasonable doubt is
one which places safeguard around every
defendant in criminal case. Not only
must there be strong evidence but it must
be such as to leave the jury free from any
reasonable doubt about the guilt of the
This means that if the Juror,
after hearing the testimony, has a doubt
as to the guilt of the accused, he must be
able to give reason for such doubt. If
doubt exists the benefit must
be given the prisoner.
The first presumption in common law
murder is that it is presumed to be muir
der of the second degree, but the state can
rebuff it by bringing evidence that the
killing was wilful, deliberate and pre-
and if the state proves this be-
yond any reasonable doubt the first degree
is established. A defendant is no more
guilty before the law than the state proves
him to be. 1t the state shows wilful, pre-
meditated and deliberate killing, then the
verdict must be of the first degree; if the
state has failed in that or has failed to
show it beyond a reasonable doubt, then
the verdict must be of the second degree.
After telling the jury to take the evidenc
and exhibits and to carefully consider the
case he directed them to retire.
Another Confession" by Johnson.
Additional interest in the case was
on Saturday, by the report that
Johnson had made another confession"
George Small, colored, in the
murder. Small has been confined in the
Jail here since Johnson's arrest in Balti-
more. 1t was thought at first that he had
knowledge of the crime, or might be
witness in the case, which was the cause
Of his arrest. He denies emphatically any
knowledge of this or any other criminal
case.
johnson, during his trial, sent word to
Mrs. Emma, Woodhouse, who lives on the
Charles Goodenough farm, that he desired
to see her.
On Saturday, she, Mr. Goodenough and
Jacob G. Hendrickson had an interview at
the jail with the prisoner. He related to
the visitors some details of the robbery at
the Goodenough house, and told them
where they could recover gun that had
been stolen. He said Small assisted at the
robbery and kept 500 of the $54 that had
been taken.
81 have not yet told the truth about the
Atkinson murder" continued johnson,
Small did that crime while robbed the
house." He then told a story that while
he was hiding in the barn, Small Joined
him there, as per previous understanding.
The plot was, he said, for Small to hold
Miss Atkinson while johnson robbed the
house. This scheme was carried out.
johnson alleges that no injury was in
fficted upon the woman while he was pres
ent; that when he returned to the barn
after the robbery, he found that she was
dead. Small was still there, and the two
left the place, going in opposite directions
to the trolley road and Small
toward Dugan's farm.
At the conclusion of the statement Mr..
Hendrickson asked why the story had not
been told before, at the proper time dur
ing the trial johnson replied that Small
and he had made an agreement not to tell
on each other in case of arrest.
Mr.. Hendrickson told the prisoner that
he did not believe the story. It's true,
just the same, replied johnson.
Mr.. Hendrickson then notified the pris-
oner that such stories. whether true or
false, would have no bearing on the case
that, even if true, Johnson's guilt was not
lessened, and that the death penalty would
ha inf cd Tho iod hat
he unders God the situation perfectly
Prosecutor Atkinson is not inclined to
believe the story told by johnson. There
are so many details of the last confession"
that are absolutely at variance with known
facts that the entire story is improbable.
Johnson's reason for keeping silent here
tofore on account of an agreement with
Small not to peach" on each other in case
of arrest, is also considered very flimsy.
On several occasions before the trial the
murderer had no hesitancy In compli-
eating Small in the Goodenough robbery.
AS fact, there has not yet been discov
cred one iota of evidence to connect Small
with that burglary.
Ever since his arrest at Baltimore John
son has told series of lies about the Al
linson case He admitted only such facts
as were unearthed by the police and pre-
sented to him. The confession he made in
that city told very little information that
was not in the possession of the authori-
ties, and would all have been presented in
detail at the trial had there been any ne
cessity therefor.
The authorities are of the opinion that
Small is bad negro, and may have COM
mitted crime, but thus far there is scant evi;
denceto show that he was connected with
Y a. -
Prosecutor Atkinson had an interview
NTH Tohpoou m Sunday Tho rrio0uoY