The Washington herald., 1907-03-30
WASHINGTON HERALD BUREAU.
oomsr CT Prince and Royal streets.

Cornsr Of Prince and Royal streets.
Alexandria. Va. March PA helated
witness, Frederick Brooks, OF the United
States Marine Corps, who was called TO
the stand by the Commonwealth just be
fore adjournment to-day at the trial in
the Corporation Court of William john
son, colored. charged with the murder of
Charles T. Smith, proved the second per
son 10 swear that he saw the prisoner fire
the shot which killed Smith. Up to that
time officer Garvey had given the only
positive evidence connecting the defend
ant directly with the crime. Garvey's re-
iterated statements that Smith stepped IN
between him and the negro and that the
latter suddenly wheeled and shot Smith
were corroborated in detail by the ac-
count sworn 20 by Brooks. But Attorneys
Brumback and Smith, through cross-ex-
animation of Brooks. brought out point
which IS considered of Importance to the
defense.
Brooks swore that Johnson was wearing
side whskers on the night of the shoot
ing Other testimony was adduced by the
defense ID the effect that Johnson then
lad no beard, but that the description
given by Brooks in this connection was
applicable to the appearance of Frank
Robinson Johnson's companion This, il
is pointed out, fits in with the contention
Of ihe defense that Robinson. and not
Johnson, committed the murder.
Question of Whiskers.
William Bailey, colored, who asserted
that he knew both Johnson and Robinson
fairly well was then recalled by the de-
fense. 1t was he who testified that on
the night Of the shooting Johnson had no
beard but that Robinson wore side whis-
kers.
Bailey was the last witness 10 be called
to-day. The case viii be argued to-mor-
row morning after prayers for instruc-
tions to the jury are heard II had been
expected that the trial would end to-day.
but Commonwealth Attorney Brent in
formed the court that he was not physi-
cally able to participate in further pro-
ceedings this evening, Shortly after .
O'Clock court adjourned. The Fredericks-
burg military company was again on
guard at the courtroom throughout the
session and escorted the prisoner back to
the Alexandria County jail
Johnson. i'm his own behalf. denied hav-
ing fired the shot that killed Smith. but
admitted having discharged his pistol to-
ward the ground IN fracas on the fair
grounds a short time before the murder.
According 10 his story he and Robinson
got away from officers who had arrested
them for participation in row and in
running through an alley the defendant
was struck by a ball in the left leg. He
said he carried .3S-caliber pistol. and
Robinson had a weapon OF .H-caIiber
fra ha Hv--I
weapon toward the ground in the hope OF
frightening his Dursuers. II was pointed
out by the defense that the ball taken
from Smiths body was of the larger size
mentioned.
Jury Views scene Of Murder.
In order to explain the topography of
the scene fully 70 the jury. the prisoner
was taken 20 the fair grounds. under
guard Of the militia, and accompanied by
the members Of the jury. and there he re-
traced the territory alleged 10 have been
traversed by him on the night Of the
tragedy.
After the testimony of several other
witnesses. covering minor points. had
been heard. the defense called Common
wealths Attorney Brent TO the stand in
an effort TO secure certain photographs
alleged 10 be IN Mr. Brent's possession
and purportng 10 be pictures of the de-
fendant. One photograph had been pro-
duced and another was furnished by Mr.
Brent who denied having used it to Sc
cure the identification of the prisoner.
Officer Garvey who was recalled, said he
had been shown the pictures by Chief
Goods and had found each to be like
ness of the defendant
Walter Caton identified Johnson as the
man who fred two shots downward as
he ran from the fair grounds after break
ing away from the officers just before the
murder Officer Ferguson told of hear
ing two or three shots and of seeing John
son in fight He said he was running
very fast and did not limp. No one, the
witness asserted, fred at the two fugi-
tiFes, Johnson and Robinson.
At the afternoon session Attorney Smith
attempted TO introduce evidence rejecting
upon the record of Frank Robinson for
the purpose OF strengthening the claim
which the defense will argue TO the jury,
that Robinson and not Johnson is the
man who shot Smith. Judge Barley, how
ever. refused 10 admit IT,