The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-03-24

49,
lHaggesty. for tie defenda asked thai
the public be excluded from the hear
ling. and upon the request Of Squire
tFleming, the large crowd which had
gathered left the room, only the Wit
nesses, the principals. the attorneys
and the newspapermen remaining in
the room.
Attorney Raymond Abbattlco ap,
peared as Assistant Prosecuting Attor-
Iney, acting with Prosecuting Attorney
Norris in the case.
The~girl who brought the charge
] against Mr.. Johnson went % the stand
Immediately and told her story under
the questioning 81 Prosecuting Attor.
ney Morris.
|. 1t was brought out that the girl was
Lucy Powell, aged 10. whose home IS
in Grant Town, she being the iargh.
Ter OF JOSIAH rovell, a mine foreman
IN that section. Her mother Is dead.
She said that she had been In Fair
mont this last time. Just six months
and had never seen Johnson before
last Wednesday evening about 6
o'clock, when she went to his, studio.
to have some photographs taken. On
Friday evening she went after the
proofs of the photos, and Johnson
came out OF a door at the, head Of the
stairs, greeting her, and both went in.
to the reception room. The girl testi.
fed that her sister had told her that
1t was Just $3.50, and that she had
heard the town clock strike that time.
It was brought out later that no town
clock here strikes the half hour. A,
sister, older than Lucy, came TO town
with her and went on to the post Office
Luc S-nt 10 che photograph
studio. johnson, the girl said, told
her that he had had a beautiful dream
about her. Later under cross exam
lnaination 1t was brought out that She
had permitted Johnson to place his
arms about her and kiss her while in
the reception room. While in there,
the girl said: "He asked me II would
not love him." and "He said he would
like for me TO be his model"
The girl testified that he took her
then into q dark room and through
that room into another room, also
dark, and then into abed room. She
admitted that she did not ask to have
the lights turned on. This room is
in the front of the building and has
windows opening on Main street. The
girl said Johnson took of her hat and
coat, and she permitted him to do so.
lie then returned and kissed her
The sister of the girl, L; The mean.
time, returned from the post Office, |
and admitted that she heard her sis.
ter scream, but that she remained In |
the reception room 10 minutes looking
at pictures, not attempting to 90 tol
her sister. She waited iri~the recep
ton room until Johnson came to the |
door and asked her what she wanted, |
and then waited until Johnson went
back into the room, the sister later
coming out: The girls went out but |
later returned and the older sister had |
a talk with Johnson. The two then
went 10 police headquarters had later
to the mayors Office.
Following the hearing of the evi.
dence, the Attorneys for the defense
without putting the defendant on the
stand at all, pleaded for the case to
be dismissed, claiming that the charge
had not been sustained, but the Squire
decided to hold Johnson 'or the Grand
Jury. AS the Justice has no power to
fix a bond in such cases. Johnson had
10 60 TO jail. and SO far today no bail
has been arranged for him!
A constable, when told 10 remain
and take him to Jail, refused to do so
and handed in his resignation, as he
did not think that the testimony pro. I,
duced had been sufficient to hold him
under the serious charge, and would
not put an innocent man in Jail. The