The Washington herald., 1909-07-15
WASHINGTON HERALD BUREAU.
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Alexandria Va, July 14-Calvin John
son, one Of the three negroes convicted OF
the murder OF Walter F. Schultz, the
Chicago artist, who was slain IN this city
March last, was denied a new trial in
the Corporation Court this morning.
Judge L c. Barley presiding.
The foregoing action was taken follow
Ing the motion OF Attorney Lewis H.
Machen. representing Johnson. who pre-
sented three afidavits purporting 70 con
tain new evidence IN the case. Attorney
Machen. following the announcement Of
the courts sctien. gave notice that he
would ask for a record IN the case to-
morrow and at once make application 20
the State Court OF Appeals for a new
trial.
During the progress OF the hearing
johnson was present, and was a decid-
edly interested spectator IN the battle
that IS being waged TO save him from the
electric chair.
At the opening OF the case Common
wealth's Attorney Brent objected 10 the
introduction OF the affidavits on the
ground that there was nothing in them
sufficient 10 warrant the granting OF a
new trial The contents OF all OF the am
davits. he said. were known % the Com
monwealth with the exception OF that
given by Elizabeth Brown. negro.
Miss Mary Lee Rose. who made one OF
the afidavits presented. took the witness
stand and testified that she was a passen-
ger on a south-bound train over the
Washington. Alexandra. and Mount Yer
non Railway the afternoon CT March s
last between 40 and O'Clock. and that
when passing between Spring Park and
ROsemOnt she saw what she thought was
a man lying IN a field near where the
body OF Schultz was found. On cross
examination Miss Rose stated that she
was unable 20 tell whether or not the
object she saw was the body OF a man.
although II resembled that OF a man
She was not positive that the date IA
question was March 6.
Chief OF Police c. T. Goods was the
next witness 70 take the stand. he told
Of a conversation he had with Miss
Rose, and asserted that she had told him
that the day on which she saw the
supposed body OF a man was bright. and
that the sun was shining. On the con
trary. however. the day OF the murder
was raw. damp. cnd disagreeable. and
out the entire day. Policeman William
A. Ferguson substantlated the testimony
OF Chief Goods.
The next AFFIDAVIT taken up by the court
was that given by Elizabeth Brown. a ne
gro. J. Randall Cation. j., took the
stand. and said he had a conversation
with the Brown woman concerning the
case, and she told him that she saw
Henry Smith, the negro star witness for
the prosecution. March 3 last between
the hours Of and O'Clock. and she sub
sequently told him she knew nothing Of
the case.
The testimony OF Chief Goods was 10
the effect that he held a conversation
with the Brown woman. and she told
him she saw Henry Smith March 3. and
that he gave her a nickel that evening.
She also told him that she did not see
smith the evening Of March 6. HIS state
ment was cOrrOborated by Policeman
Ferguson. and az the conclusion OF her
testimony Judge Barley gave his decision
against the defendant
Thomas Risen. an employe OF the
Mutual Ice Company. was severely
burned about the face about O'Clock
this evening at the plant OF the
company. at the foot Of Cameron street
Risen. Il IS said. was in the act OF dis
connecting an ammonia pipe when burned
and was overcome from the effects OF the
deadly fumes. II was nearly an hour
before he revived.
Mr.. Risen was afterward taken 70 the
Office Of Dr. SnOw6en. where his injuries
were dressed. after which he was taken
20 his home. go Franklin street His In
Juries, while painful, are not regarded as
serious
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