The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-02-28
JOHNSON MURDER CASE.
Evidence All in and Arguments Com
menced.


fed that after Johnson left the saloon
he walked few PAGES away, opened
the knife and returned into the sa-
loon, when the stabbing took place.
There was also a shade of testimony
on cross-examination by the defense
to show that Kemp was the aggressor
and that Johnson was acting on the
defensive. 1t was shown also that in
the earlier part of the difficulty John
son had endeavored to quiet the par
ties and to persuade Hogan to leave
the saloon and go home With him.
Court convened on Thursday morn
ing and Attorney Samuel Parker
maje a statement to the jury, outlin-
ing tie purpose of the defense and
what il purposes to prove. He stated
Of June defendant came to town on
business On the way he met Spence
Hoglan, who helped him dispose Of
his corn and chickens. In the after
noon they visited one or two saloons,
got lunch anG drank. Later, each
made some purchases at the stores
and were expecting to go home, but
remained in town owing to rain.
1t would appear that Mr.. Kemp
was man of great physical strength
In that saloon that evening Kemp
and Hoglan had some words over a
bill. and Kemp knocked Hogan over.
Johnson stepped between and sepa-
rated. the two men, protesting that
they were all friends and must not
quarrel, and proposed to treat them
to the drinks and they would be
friends AT the bar something of the
old grudge was revived, and Johnson
said Lets go home" and started to
go, but seeing that Hoglan was not
following, returned and asked him to
go with him, to which Hogan said
that he didn't propose to be run out
of town to which Johnson replied in
similar language
The evidence would show that
Kemp advanced to Johnson, grabbed
him about the neck and clinched him
by the throat. Johnson was neces-
sarily bound to defend himself, and
in the struggle the knife was drawn
out. The defense denied any premed-
itated use of the knife. Evidence
would show that defendant had no
knowledge of having drawn his knife
and entering the saloon.
Spence Hoglan was the first wit
ness called by the defense. Was in
Shoemaker's saloon with Johnson
ind later Kemp came in; claimed
that owed him $3.50, which I denied
and Kemp struck me. Johnson inter-
posed for peace and paid for the
drinks and then proposed to go home
saying he thought that matter was
settled" to which Kemp said, May
be you want some of this" and went
around to Johnson and struck him on
the side of the face, so that his hat
fell off.
Alexander Johnson called: Was As
years old; reside six miles north Of
Plymouth. Witness then recited his
movements after coming to town to
the evening when he went into Shoe
makers saloon, and related the differ
ences between Hogan and Kemp
Witness said he was friends to both
of them and separated them, and ar
ranged for Kemp to go home with
witness and Hogan. Was to feed
the team before starting, Kemp call
ing up by telephone the feed barn,
after which he said that was worth
the drinks, which I purchased. The
old trouble between the two men was
revived, and said TO Hogan, Lets
go home" Kemp said: "You can
have some of this" and started at me-:
grabbed me about the neck and
clinched my throat; at that moment
I reached for my pocket knife to cut
his arm loose; did not have the knife
out and open prior to this moment;
did not reenter the saloon with the
purpose to kill him, and had no de-
sire or thought to do so. The knife
was the one / used for cutting plug
tobacco; have no knowledge of taking
it out and opening it on the side.
walk. Have no recollection of using
any words concerning it to DR..
Stephens; have no knowledge of
striking at Kemp's abdomen
Mrs. Johnson, wife of the defend
ant, called and testified to scratches
on defendants neck when he returned
home.
At this point the defense rested its
case.
AFTERNOON SESSION.
The prosecution announced that
there would be no rebuttal testimony.
and that they were ready to proceed
with the argument.
Juror Wilbur Brown, of Union
township, near Culver, stated that ne
had received a message that his wife
had met with an accident, resulting
in a broken arm, and the court ex-
cused the jury until Mr.. Brown could
telephone to his family.
The court gave each side limit OF
three and half hours to present ar
gument-
Prosecutor Molter opened at o.
clock, the argument for the state. He
read copiously from the statutes COW
ering the nature of the crime for
which the prisoner is charged and ar
gued that he was guilty of murder in
the first degree The act, he insisted,
,e that Of malice aforethOuqht. as