Omaha daily bee., 1909-12-12
PENALTY FOR JOHNSON
Negro Found Guilty Of Numbering
Henry FARMLAND.
JURY OUT THRTY-F1vE MINUTES
Court Records broken for Pronoun-
cling Death sentence-Doomed
MAN shows No Emotion
when Fate f. Read.

1--WE. the jury, do find the defendant,
Tom Johnson. guilty as charged. and do
fix the penalty at death by hanging"
In only thirty-five minutes this punish
ment was decreed yesterday afternoon for
the negro who murdered Henry FARMLAND
OF Chicago. November /. Local records for
time consumed-or not consumed-in inflic-
tion OF the death penalty were broken by
this verdict, for a death penalty is usually
a matter OF hours debate.
In fact, the jury which last inflicted
death punishment in Douglas county-that
which settled the fate of John Masauredis,
the Greek-took twenty-four hours before
reaching a decision.
There is one remarkable similarity IN
the two cases, aside from the death PEN
atty. Then J. M Macfarland and James
Raft, representing the Greek. waived fur
Their argument when A. q. Elllck. deputy
county attorney. had finished the opening
address. This was considered almost a slap
at Elliok. until the verdict was in.
Yesterday, too, Eliiok made the opening
address. and It had been announced that j.
L. Haley and Henry Meyer would follow In
behalf Of the negro, and that County At
torney English would close for the state.
The debate was scheduled, in fact, to run
late last night.
Messrs. Haley and Meyer, however,
elected to waive when Elllck had done. The
jury retired at 1855, and at $50 in came It's
verdict.
There was a really tense moment while
the clerk opened the envelope, handed Il
back to the court and then, receiving Il
back again. read II aloud.
Convicted Man Hears Fate.
The negro, who Is now convicted OF
having slashed Frankland's head almost
from the body, was the least affected man
-externally-in the court room. The solid
ity which charncterized him at his arraign-
ment and again at the lnquest-the indif-
ference he manifested all through the
trial-was again in evidence. Not even
his fingers twitched nor did his eyes blink
once.
There was curiosity about him on the
part of the spectators and something Of
that awe which is felt in the presence Of
impending death. But there was little, If
any, sympathy.
Johnson rose, when the court did. ex-
tended HIS hands to a deputy sheriff to
have the handouts put en- and then
walked out Of the court room.
The verdict is a remarkable one when
1t is considered that the evidence was
purely circumstantial. There was a per-
feet chain against johnson and every fact
pointed beyond the peradventure of a doubt
to him as the guilty man. But It is rare
anywhere when a jury will vote to hang
a man even IN such circumstances.
F. A. Gilbert. stepson of the murdered
man, and Arthur F~rankland, the boy, who
is Oldest child Of the dead man, heard the
verdict pronounced.
w are not vengeful." said Gilbert, "but
we feel that the verdict Is the right one"
The pair left for Chicago last night,
where they live. Henry FARMLAND was
found with his throat cut under the Via
duct at Tenth street In the shadow OF
Union station. He had been a little in
toXicated and vas in the company of
johnson, whose motive was robbery.