The Washington herald., 1909-05-27
NEGRO SHOWS JURY
HOW SCHULTZ DIED
Continued from Page One.

ment, about 15O yards eastward. and
viewed the body Of the man lying there.
Frank G. Grimes. stenegrspher for the
attorney for the defense, volunteered 10
do the work He laid down on a rain
coat and the turymen after walking along
the tracks could distinctly see the out
line Of his body as it lay there, and 1t
was the consensus OF opinion that it
could have much more readily been seen
! by a man who was OF q train
Juryman FaInts.
Just as the jury was going toward the
railroad tracks a sensation was caused
when Jurynaan John Riley fell 10 the
ground in fainting spell Railir Fisher
and a number Of his fellow Jurors wers
at his side. and after short while they
succeeded in resuscitating him
About $40 O'Clock the jury returned to
the Hotel Rammel, where they put up
for the night. Both prisoners were
brought back. and Smith was placed In
fail, while Johnson was carried TO police
headquarters
A sensation was sprung late this after
noon, when Edward P. Purvis. a South
ern Railway freight conductor. Of Nelson
County, Va, took the stand and testified
/ that at 3:15 o'clock on the afternoon Of
March 5. while going northward on a
train 20 the Potomac Railroad yards he
saw the body OF & man lying IN the field
where the body Of Schultz was found
The witness said he was the conductor Of
Train No. y and. upon seeing the body.
fTe called the attention OF his 76gman,
man named O'NeiI, 70 the body
The following day. be said. the body
was In the same position. Witness said
he vss wet and tired and he never gave
the matter further consideration until
Sunday He. however. mentioned the
matter 10 his wife and brother upon ar
riving at fis home. Witness said he
walked from the Potomac yards to the
Union Station and saw the body again
Sunday morning Purvis described the
position OF the body and said he could
discern that il was a white man
His testimony could not be shaken by
the prosecution IN view OF the fact that
the prosecution has all along contended
that the murder was committed the night
Of March 5. between the hours OF and
o'clock, this testimony of PUrvis kills,
temporarily at least. the strong evidence
Of Smith, on which the prosecution hoped
10 obtain q convicffon Prosecuting At
torney Brent Will, Il IS claimed, prove
that the body was not there at the time
given by Purvis II he cannot prove
this II IS doubtful II he can obtain a con-
victiOn. The testimony Of Purvis has
been the principal topic Of conversation
on the streets this evening Attorney
Brent. when seen tonight. said he would
overcome that testimony given by Purvis.
The case viii. It IS expected, be given
20 the Jury late tomorrow. Several wit
nesses VIII be called by the prosecution
I'm rebuttal after which the closing ar
sumen5s wiz be made By both sides The
morning session opened at lo-20 o'clock.
VIXEN Henry Smith was again placed on
the stand Nest Of the witnesses called
to-day were for the defense.
Denied JObnsOn'S Appearance.
When Smith was placed on the stand
he denied knowing how johnson was
dressed the night Of the murder. He
said he had told the story OF the murder
seven different times. He also admitted
having served two terms in the state
penitentIary. and denied having at any
tine having q disagreement with a-y
Of the men charged with the murder.
Mrs J. L Burch. ot washington. with
whom Schultz boarded during his stay in
Washington. said Schultz came 70 her
home December l. 1888 He left her home
either March or last She was unable
20 recall with certainty the date he left
Schultz told her upon departing that he
was going 10 Baltimore.
The clothes worn by Schultz were iden-
tifed by Chief Goods
H Beverly Diggs. a negro. testified that
on the night OF March s about : o'clock
. in the evening he saw Pines enter the
eating house az Arthur Parker. n Fay
cite street. and within a few minutes
johnson also entered
The testimony Of Hattie Palmer. a ne
gro. was 90 the effect that Johnson room
ed az her house. and that he left about
noon March 6. and she did not see him
until midnight S5e also testified that
when he left her house he wore a dark
coat.
Philip J. Mccormick testified that John
son was 81 his saloon. on the southwest
corner Of Cameron and Fsyette streets
on the night cf March at HIS o'clock.
Johnson wanted 10 shine his shoes. as
had been his custom for many Saturday
evenings past, but he refused 10 permit
him 10 90 so owing 10 the rain Witness
was unable 20 tel how Johnson was
dressed that evening. Robert Evans. q
negro bartender for Mccormick. testified
20 practically the same.
Mary Earl q negress. created amuse-
nent when she testified that Smith had
said. 7 believe I viii go 10 Washington
and lay around a couple Of DAYS" Wit
ness asked him why. and Smith replied:
Because I knocked a white man in the
head last night In conclusion she said
she would not believe Smith on his oath.
as he was not truthful man Her hus-
band. James Earl. practically substanti-
sted her statement He added, however.
that Smith offered him a quarter for the
nights lodging. but he refused IL
Had Bad Reputation.
Arthur Parker. a negro. testified that
Smith bore a bad reputation.
At the afternoon session Mrs. A. H
Gillette. sister OF the dead artist. was
present She remained until court ad-
journed- Court will convene promptly
at 9 o'clock tomorrow morning
During the progress OF the trial this
morning there was considerable levity
among the spectators without the rail
Ju1ge boIiey FepeaieIiy warned tne spec
tatOTs against a repetition Of the offense.
Notwithstanding this il continued at odd
times I few minutes before the morn
ing session came 10 a close he announced
that most Of the spectators would not be
admitted at the afternoon session As a
result more than 30 spectators were de-
prived OF the privilege.
The fight for seat in the house Of
delegates between MessrS. Robinson
Moncure and J. Fred BirreH continues to-
increase as the time for the contest ap-
prOaches. At the present time more in
terest is being displayed here in this