Evening journal., 1910-11-02
FLAT CASE
OUT OF COURT
State Could Not Prove John
son Owned Property
Alleged to be Nuisance
DEFENDANT TELLS COURT
HE HAS SOLD BUILDING

William j. Johnson was before City
Court this morning ON the charge Of
failing to abate a nuisance in the
building known as Johnson's Flats at
Ninth and Walnut streets. Johnson
was represented by Lilburne Chand-
Ter who raised several objections to
the information filed. Mr.. Chandler
also objected to testimony against
Johnson as he said the Board of
Health had not acted s=immarily in
the proceeding.
Charles w. Malcom, secretary Of the
board testified that he visited the
Johnson Flats and found the building
I'm very unsanitary condition. Wit
ness said the board later declared the
place to be a nuisance. The conditions
at the place have not been changed
since the inspection, Mr.. Malcom
said and he thought the health of the
occupants and public in general has
been endangered by the conditions ex-
listing at the house.
DR. Henry A. Cleaver another mem
Der of the board, testified to making
investigations of the flats and of find
ing toilet hoppers nailed down, no
water for flushing and j generally de-
plorable condition existing.
Reports having been presented that
the nuisance had not been abated the
doctor said the board visited the place
again and found the house still very
filthy
Executive officer Harry Smith gave
corroborating testimony. He said that
between ten and thirty persons live in
the flats.
Had Transferred Building.
Mr.. Johnson i'm his own defense
testified that the property in ques-
tion was owned by William Motheran
Of Maryland, and that he acted only
as agent
On cross-examination Mr. Johnson
admitted that the deed to the prop
erty had been turned over to Mr.
Motherall but two days ago after his
case had been continued. but added
that the matter of transferring the
property had been discussed for some
time. He said his wife held title tt
the property before Mr.. Motherall ac
CURED il. il was her money, not MS
he said. which was invested in th'
property. He admitted, howeve-, tina
he had looked after the propert,
for the new owner.
The witness said. in answer TO
question asked by Mr.. Chaytor, tina
the property was sold TO Mr.. Mother
all for $50. 600, but he was unable 2
state the actual amount in cash, whici
was turned over by NJ. MOtherall
stating that his wife had received tn
money. Johnson said that ther
were several other properties includes
in the sale.
Mr.. Chaytor then questioned tn
defendant as to where his wife de
posited her money, and he also warn
ed the witness to be careful in MAXIM
his replies. Johnson gave the name
of two banks.
In giving his evidence and referrinl
to the property, Mr.. Johnson used III
expression coli" when asked by Nj
Chaytor what he meant by that, h
replied that his wife had money i
the property. and it was usual for
man and wife to refer to each othe
as I'VE"
Judge Talks OF Ycracity.
Judge Cochran expressed doubt a
to the veracity of the witnesses test
mony and requested the newspape
men and others present 10 pay par
ticular attention to the testimony 10
future reference.
Mr.. Johnson informed Mr.. Chayto
that a deal was now pending in whic
a syndicate was going TO take owe
the property and that the deal woul
be settled probably within a day q
two
Mr.. Chaytor made the remark ths
the syndicate would get a lemon
Because of the failure of the Stat
to prove ownership, Mr.. Chaytor II
formed the court that he would I
satisfied for the court 20 dismiss IN
case. but with the understanding thi
the charge will be pressed again'
Mrs. Johnson, the defendants wife, fC
each day the nuisance is continue
from the time the Board Of Heall
notifies her TO abate IL.
With this understanding the cou
discharged Johnson.