The Washington herald., 1909-05-26

he denied ever having seen Schultz
before. and was unable 70 identify a pho
tOgTaph which was taken OF Schultz fol-
lowing the murder. Smith denied having
been a companion Of the meI. and said
he went with but few negroes. He then
said he only heard Schultz make one re-
mark while he was In the custody OF the
men. and that was: Don't co me SC"
Smith said he started 20 tel Earl about
the~ murder, but was afraid He. how
ever. slept all night He said that his
reasons for remaining away from home
the night OF the murder was that he ex-
lpected 10 be arrested for larceny.
Afraid to Tell Police.
why didn't you tell the polics2" was
asked Smith by Attorney Machen.
Witness replied that he knew they
wouldn't believe it. and added he would
be unable to prove It. He also said he
was frightened He asserted that when
he was arrested he did not know what
II was for. as he was informed It was
for the larceny Of a watch Smith de-
inied knowing a railroad man named Rit-
/ tcnour. who, il vas said. identified him
! as getting on an electric train with a
white man the night prior 10 the mur-
der. Didn't you commit the crime By
/ yourself?7 was the next question put TO
Smith no, sir, :" quickly responded
Smith. without finching. He added Il
would have done him no good He ad-
mitted. however, s he had something 10
do with II when he assisted in carrying
/ the body By taking hold Of the foot OF
Schultz
This concluded the testimony OF Smith
/ He will propably !le placed on the stand
| again tomorrow morning for a re-di-
! rect examination by Commonwealth At
torney Brent. Court adjourned at
! o'clock, and the jury was placed In
! charge Of City Sergeant r. H. Cox,
/ Deputy Sergeant B. B Smith. and BaiHf
/ T.FA- Fisher. They were locked up over
night and instructed not 10 discuss the
! case with any outsider. Judge Barley
also informed the jurymen they could
read papers. but accounts OF the trial
must be clipped from them.
Jury Selected.
Court convened shortly after 70 O'Clock
( yesterday morning, and IN one hour and
twenty minutes the following jury was
/ secured:
Maury ". Gaines, Frederick Klaus, RG-
dolph Norris, John New, John REILLY,
Charles H. Fletcher. H. H. Newton, FL
mer 1. Spittle, Joseph " Armstrong.
Samuel W. Pitts. Harry D. Kirk, and c.
P. Waller, jr
The rapidity with which the jury was
obtained was regarded as excellent in
view Of the fact that Il was generally ex-
pected that the entire day would be con-
sumed IN that alone. Sixteen members
were drawn IN the beginning. and when
court reconvened, az 10 o'clock. four
were drawn of AfterWard the opening
arguments were made by Commonwealth
Attorney Brent. who was followed by At
torney Machen.
Mrs A H Gillette. Sioux City, Iowa,
sister OF the mV-r.eTe ed man. was the first
wI.aeSs 10 take the stand. She said that
ScrCItz was her brother. and she identi-
fed his photograph taken after his death
JOhnson's OveFaIIs Identified.
DR.. s. B. Moore. city coroner. idenu- I
fed overalls worn by Johnson the night /
OF the murder. He said he cut a piece
from them and made a chemical ex-
pertinent. which revealed blood stains.
TIE overalls, he said, contained other
stains. Witness was unable 20 tel how
long they had been On the overalls. DR..
Moore said Schultz's death was caused
by q hemorhage IN the left side OF the
neck, and The wound entered an artery. T
7 was he said. made by some sharp In
strumenL
Chief Goods related the story Of the
finding OF the body by Policeman Samp-
son aLd himself He also Unidentified a
pair Of overalls and blue shirt as the
property OF Johnson.
Policeman Frank T. Sampson told OF
seeing johnson at-5:59 clock the night OF
the murder. Witness said he wore over
alls and a shirt similar 70 those ex-
h;blted.
Mrs. Gillette was recalled and identi- /
fed q letter written by her 10 her brother. /
johnson watches witness.
At o'clock Smith was brought into the |
court room. He al once took the stand, /
while the eyes Of the spectators were
fixed on him Calvin johnson. who viii /
probably be convicted OF acquitted on the /
testimony Of Smith. stood erect as Smith |
entered the court room, and he remained /
standing in the prisoners pen all the I
time smith vas testifying, with his eyes /
oentered on his acouser.
As the two negroes were being led away 4
from the court room following the trial 1
a large crowd Of curious spectators hung
around and eyed them cUriously. Neither /
Of the prisoners showed any sign Of emo /
ton. Since Smiths Incarceration he has
grown full beard, and he looks as II he /
IS greatly worried
After hearing the new set Of health laws /
read, as amended, the city cou-.cn to- /
night for the second time laid them on +
the table They also laid q new set Of |
building laws on the table II IS regarded /
as more than probable that both meas /
ures VIII be taken up and passed at the I
next meeting Of the coupcM The new I
health laws provide for a health officer az /
800 q year. and carry with them many /
drastic and sweeping changes in the I
health department OF the city. One is I
that the board OF health shall consist Ct /
the health officer and four members from
the city council The annual appropria-
ton bill Of S1S2,O0o for the city's expenses /
for the fiscal year ended May 81. 1908. /
vas passed without a dissenting vote. 4 I
AIiiioeI VL Changes N tne Dill were ex-
plained by Councilman Burke. chairman 4
OF the finance committee.
The congregation OF the Methodist
Protestant Church tonight rendered Rev.
J. n Holmes, recently chosen pastor Of I
that church, reception. During the
evening an interesting musical and lit
erary programme was given
A business meeting OF Fitzgerald Coun-
Gil, No. 459, Knights OF Columbus. viii /
be held tomorrow night. Afterward q /