The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-17

JOHNSON IS GUILTY.
Man Who Killed Paramour Must Go
to Prison for Ten Years.

At $3.50 this afternoon, the jury in
the johnson murder case, after de-
liberation Of just "a hours, came into
the court room and announced that
court called in the attorneys, the de-
PENDANT being on hand in charge of
Deputy Sheriff Bundy, and demanded
the verdict.
1--WE the jury. find the defendant
guilty Of murder in the second de-
gree" read the clerk, and sister of
the defendant, who has broken down
several times during the trial with
real or feigned fainting spells, began
to cry. number of the defendants
relatives have been in attendance
since the trial began last Monday.
The punishment for murder in the
second degree is an indeterminate
sentence, ranging from a minimum OF
10 years, to life in the penftentiary.
It is understood that the jury was
tied for nearly "a hours on the degree
of murder, a few holding out for
murder in the first degree.
The defendant, Fred johnson, is
charged with numbering Mary Kim
ball, dissolute woman with wnom
he lived, by kicking and beating her.
the assault, which occurred on the
night of October 18th, last, to reach
| the telephone, call DR.. H. H. Keith,
and make a statement to the effect
| that johnson had killed her, after
1 his arrival.
I Last night at dark the jury
| reported that it had not reached
| verdict Judge Dana, instead OF dis
| charging the jury for the night, oroer-
| ed the sheriff to provide cots and beo
clothes, and lock the UNDECIDED twels 6
| in their room. This morning at lO:3U
| the jury poked vigorously on the bell
and the assembled multitude, consist
\ ing of attorneys, relatives of the de-
| PENDANT and court Of1cers, promptly
assembled in the court room to hear q
| verdict The jury filed in, looking re-
markedly fresh for party OF men
| who had been wranglfng all night, ana
| asked for further instructions on the
| technical meaning Of "w1llfully. inns
| ATTORNEYS. that the contention lay be-
| tween first and second degree murder.
| The court explained to the jury that
| "willfully'' did not mean that the de-
PENDANT framed up scheme TO XIII
| the woman by kicking her, but that he
kicker her, knowing what he was 90
| ing at the time. Again the jury filed
| out. some Of them looking grim and
determined, and others showing sngnt
symptoms of fatigue. At IL O'CLOCK
sharn another signal was heard from
the Jury room, and the attorneys ana
| court met the doubtful dozen" on the
| court roof floor. This time it was re-
ported, in substance, that the jury de-
l 49,
deliberate on the case this afternoon.
| In the meantime Judge Dana had cor
rectly sized up the situation. and or
dered all other jurors and witnesses
| in the Young liquor case to report
Monday morning. 1t has been discov-
cred that Bradford Miller, foreman OF
the Jury, assisted by three other mem-
bers of the jury, are holding the other
eight jurors to a standstill. whether
Miller and his supporters favor first
degree murder as verdict, or a YER
dict of manslaughter too low to meet
with the approval Of the eight. is un-
known at this time. The instructions
Of the court left five verdfcts for the
iury: Murder in the first degree; MUIR
der in the second degree; man
slaughter in the first degree; man