Evening star., 1909-05-26

nounced that he might hold a session
tonight. 1t is expected that the jury
will view the scene Of the crime.
When court convened this morning at
1920 o'clock the room was crowded.
Henry Smith was the first witness.
Most. of his statement was repetition Of
what he Said yesterday afternoon.
Statements by certain of the wit
nesses caused laughter, and in conse-
quence Judge Barley several times
threatened to clear the courtroom. Re-
cess was taken at l o'clock until 2:30
o'clock.
Questions Asked Smith.
Attorney Machen today asked Smith if
he recalled how Schultz was dressed. He
denied making a statement before the cor
oner's jury that If Schultzs body was
dressed he could identify it. Smith said
he had recited the story of the murder
seven times.
Smith was then further questioned by
Commonwealth Attorney Brent. He denied
having disagreement with any of the
|other negroes charged with the crime.
In reply to query by Juryman Pitts,
Smith said he was unable to tell how
Johnson was dressed the night of the
murder. He said Johnson and Dorsey were
the men who carried Schultz. Pines did
the guarding.
weight of Schultz. Smith said he could
not tell. The juryman remarked that if
Schultz was very heavy it would have
been difficult 20 carry him. Smith said
that the men rested at intervals.
Washingtonian Witness.
Mrs. ]. L. Burch OF Washington testified
that Schultz appeared at her home about
December 1, 1908 to board. He left her
home about March 3. last. Schultz told
her he was going to Baltimore. Witness
was unable to tell exactly whether it was
March or 6 that he left.
C. T. Goods chief of police. identified
clothes worn by Schultz when the body
was found.
Chief Goods said he removed from JOHN
sons house pair of overalls, shirt and
the scarf.
II. Beverly Digss, colored, said that
about o'clock the night of the murder
he met Pines, and the latter went into
an eating house. Afterward he met John
son. One went into the lunch room on
Fayette street few minutes after the
other.
Hattie Palmer, colored. testified that
Johnson roomed at her house He left at
noon and returned at midnight. Witness
said the shirt and overallS exhibited were
Johnson's. On cross-examnation she said
she had never seen the four men charged
with the murder together. Witness said
Johnson when he left the house the day
of the murder wore dark coat. She
had not seen him wearing Overalls for a
long time.
Whereabouts Night of Murder.
Philip j. Mccormick testified that the
night of the murder he saw Johnson in
his saloon shortly after II o'clock. John
son wanted TO shine his shoes, he said.
Johnson cleaned his shoes regularly every
Saturday night. Witness had known John
son for the past five or six months. Mr..
Mccormick was unable to tell positively
how Johnson was dressed that night.
Robert Evans, colored. bartender for
Mr. Mccormick, first noticed Johnson in
the bar about II 115 o'clock the night in
question
Mary Earl. coored said that Smith had
visited her home dozen times The
night of the murder Smith appeared at
her house at o'clock. He read news
paper and then quickly went TO sleep. He
groaned loudly.
Smith remained overnight Sunday
afternoon at 3 o'clock he said: Il believe
/ shall go to Washington and lay around
a couple of days" The witness asked
him what for. and he replied. because he
had knocked a white man in the head the
night before. Smiths shoes were In good
H.
She asked Smith why he groaned, and
he told her it was because he was lying
on his back.
Witness said she would not believe
Smith on his oath. adding that he was not
q truthful man.
James Earl colored. -substantiated the
statements of the preceding witness.
Testimony Late Yesterday.
The taking of testimony was begun at
tinued until o'clock, when court ad-
journed for the day. The jury was
locked up overnight in charge of City
Sergeant Cox. Deputy Sergeant Smith
and Bailiff Fisher. The jurors were
with outsiders and that an newspapers
read by them must be with accounts of
the trial eliminated.
The first witness was Mrs. A. II. Gill
lette of Sioux City. Iowa, sister of the
murdered artist When photograph of
her brothers body was exhibited to her
by Prosecuting Attorney Brent she said (:
Il have no doubt that is photo
graph of my brother She said her broth
er was an artist and that she last saw
him in Chicago.
DR.. S. B. Moore. coroner. identified
photograph OF Walter r. Schultz and said
death was due TO hemorrhageGorm the left
side of the neck. An artery had been
severed py SHARP instrument Inc VIII
ness identified a pair of blue overalls
taken from Johnsons room and said he
removed from them section which bore
blood stain. He made a chemical
analysis of the stain. which showed ii TO
De blood.
Coroner Moore explained regarding an
autopsy. He said there was no evidence
of blow on the back of the head. al
though he found blood clots. DR.. Moore
was unable to tell how long Schultz had
haa ha W.
Chief Goods, the next witness, told of
the finding of the body the morning of
March about one-quarter of a mile be-
yond the city's limits. The body was ly-
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