The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-02-21
THE JOHNSON TRIAL.
Jurors All in Their Places and the
Case Under Way.

From a venire of 72 names a jury
was chosen, as printed in Tuesdays
Tribune, without exhausting the We
nire.
"A jury was secured more easily
than had been expected only twenty
five men being rejected 1t was pre-
cisely three o'clock when the last jur-
or had been selected and everything
was in readiness for the commence
ment of the trial. The jury is as fol-
lows:
Samuel Stockman, Center; Wilbur
6. Brown, Union; James E. Cocher-
an, German; George A. Peoples,
Union; Isaiah Holly, Center; Isaiah
Seider, West; Stephen Day, West;
James M. Hooker, Walnut; Jacob
Berger, German; Henry Strawder-
man, Center; William H. Myers,
Green; ]. Frank Ray, Center.
Prosecuting Attorney Molter, and
E. c. Martindale are the attorneys
for the state.
Johnson's attorneys are Parker and
Matthew and there will be legal
| battle.
The court room is crowded and
there is much interest in the result
of the trial,
A brief review of Johnson's case is
as follows: On the sth day of june
last he was arrested at his home in
Moth township, brought to town and
given a preliminary hearing on a
charge of assault and battery on the
person of Eugene Kemp. He gave
| bail and was out till the 1st day of
August, when Kemp died and he was
rearrested on a warrant issued by
Justice Young, charged with murder.
On petition, some weeks later, Judge
Bernetha, in vacation, came to Ply
mouth and admitted the prisoner to
bail, placing mis- bond at $4,000, which
he did not secure, and he has lain in
jail ever since.
Attorney E. c. Martindale, in his
opening statement, said that the state
would prove that on the sth day of
June, between and p. m, Johnson,
Kemp and Spencer Hogan were in
Shoemaker's saloon, when difficulty
between Kemp and Hoglan arose
about a livery bill. Johnson walked
up to the two men and advised them
to be quiet. Finally Johnson went
out on the sidewalk, took out his
knife, opened it and returned into the
saloon and made the remark that he
was there to take care of himself, if
anybody wanted anything. Kemp
walked up to him, put his hand on
his shoulder, and said he did not want
any trouble. Johnson struck at him
him. Balzer Sheets grappled with
Johnson as he was using the knife
and threw him out on the sidewalk
Kemp held his hands on his abdomen
and walked out at the back door
William Sisk followed him out and
asked if he was hurt Kemp fell for
ward over him and was brought into
the saloon and laid on the floor. Drs
Loring and Preston came and found
floor from his abdomen. The doctors
carried him TO the home of his sister,
Mrs Overlook, where, on the 1st day
of August. he died
The attorneys for the defense made
no statement of their case, and will
make none until all the testimony for
the state has been presented.
Drs. Loring and Preston were the
only witnesses called Tuesday and
they had not concluded when court
adjourned Their testimony was rel
alive TO the nature of the wounds and
what effect they had in producing
death.
There were two cuts in the abdo-
men, one about two and half inches
'ong, the other about one inch; two
cuts on the breast, two slight ones
on the arm and slight one on the
shoulder. Wounds were dressed and
there was apparent improvement for
week, when an operation was neces-
sary The intestines were discharg-
ing into the surface of the body and
gangrene had set in. There was inn
provement for a few DAYS, when an
other operation was necessary, fol-
lowed in a few days by the death of
the patient. In the opinion of the
doctors Kemp died as result OF the
wounds received by the stabbing.
The trial began Wednesday morn
ing with AL Beldon on the stand
Was in Shoemaker's saloon between
7:30 and and saw a difficulty be-
tween Spence Hoaglan and Kemp.
Johnson went up to them and said,
Boys, I've heard enough of this;
"I'll pay for the drinks and this will
stop" Johnson said to Hogan, Lets
go home" Kemp called to Johnson
and said he had better pay for the
drinks, Johnson replying that he had
not ordered them and would not set
tie, but later paid for them. Saw
Kemp strike Johnson twice in the
mouth, and in the struggle Johnson
fell sideways, Kemp also falling back
and was caught by Shoemaker. who,
with Hoglan, separated the parties.
Otis Smith, barber, was witness
to the trouble. Johnson left saloon,
but returned and said, II will cut the
life out of the first man, big or little,
that touches me-" Kemp advanced
toward him and Johnson commenced
striking him with knife; struck at
him six times. Prior TO that Johnson