Evening star., 1909-05-31
Another Witness Called in CAL
vim Johnson Case.
JUROR REPORTED IN DOUBT
Court Grants Request of Common
wealth Attorney.
DEFENSE FILES OBJECTION
No Agreement Reached at Alexan-
dria Up to Late Hour This After
noon-Judge's Plans.

ALEXANDRIA. Va. May 31.-No agree
ment had been reached at 2:30 o'clock
today by the jury in the case Of Calvin
Johnson. colored. charged with the muir
der of Walter F. Schultz. Judge Barley
jury late this afternoon in case they fail
to reach verdict. 1t is said the jurors
stand eleven for conviction and one for
acquittal
Should this jury be discharged another
will be summoned for tomorrow.
When the jury filed into court at
1920 o'clock this morning surprise
was sprung by Commonwealth Attor-
ney Brent. He announced that it had
been indicated to him that one member
Of the jury who was unable to reach a
conclusion because it had been testified
that a man resembling Schultz alighted
from the 7:25 o'clock train out of Alex
| andria at ST. Elmo the evening Of
March last one evening previous to
the time the state alleges that Schultz
was murdered. He said he would like
to call r. C. Smith, cashier of the
Alexandria National Bank, to testify
| that the man in question bore no re-
| semblance to Schultz. Attorney
Machen, for the defense, objected
Court Grants Request.
Judge Barley, in deciding to grant
the request of the states attorney,
said he would allow the defense to call
witnesses in rebuttal. He added he
would not allow such testimony to be
introduced If it did not bear on a con-
| tention of the trial and if the jurors
did not wish to hear it. One member
of the jury then called for the testi-
| mony. Mr.. Brent explained that the
fact that Mr.. Smith was on the car aid
not come to his knowledge until yes
terday.
Juror Pitts asked If the jurors could ask
questions. The court replied in the af-
firmatiye.
Attorney Machen said that he had a
number of witnesses he would like to put
on the stand. He referred to Ben Moore,
colored, proprietor of a lunchroom. At
torney Brent stated that he had made an
Intellectual effort to get Moore. but the
latter had left the city. Mr.. Machen told
the court that Moore was in Fairfax
county. Judge Barley remarked that he
would give Mr.. Machen reasonable time
to secure further testimony on any other
point he deemed material.
T. C. Smith Testifies.
r. c. Smith testified that he was on an
electric train which left here about I
O'Clock the evening of March j, and saw
white man in an apparently dazed con-
dtion board the train at the upper end
| of King street The man had the ap-
pearance of being from the country.
| Witness said that he did not examine
the body of Schultz after the murder
had been committed. photograph OF
Schultzs body was shown to the witness.
He was unable to decide from the picture
whether or not it was Of the man he saw
on the train, although it did not look like
a photograph of the man he saw. At the
conclusion of Mr.. Smiths testimony, At
torney Brent said he understood that
Attorney Gardner L. Boothe had seen
the man who was on the train and had
also seen the body of Schultz after the
| murder, and he would like to place him
on the stand. Mr.. Boothe, who was at
the Alexandria county courthouse was
| then summoned.
Mr.. Machen explained that as long as
the issue had been raised he would have
| to scurry around for witnesses, although
he had been under the impression that all
the evidence was in
Other Witnesses Called.
Foreman Hilman L. Bayliss of Fairfax
county took the stand this afternoon and
testified that he saw Schultz March at
Cameron and Royal streets at 4:3O o'clock
In the afternoon, and he directed him to
Washington lodge room.
Schultz, he said, had a camera with
him at the time.
Bayliss identified Schultz from a photo
graph published in The Star May .6.
At 1 o'clock this afternoon Gardner L..
Boothe was called to testify, but the
jurors indicated that they did not want
additional testimony. Later, it is said.
one of the jurors said he would like to
hear Mr.. Boothe's statement.
Mr. Boothe will probably take the stand
sometime this afternoon.
The jurors yesterday attended services
at the First Baptist Church and heard a
sermon on Assurance" by Rev. w. r.
Watson. the pastor. Last night they
were at the Methodist Episcopal Church,
where they heard seSmon on John
Wesley by Rev. c. B. Bulla. the pastor.