The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1916-03-08
States ANSWER To
!. MOTION OF INTEREST
The COUNTY ATTORNEY MAKES
PLAIN THE FACTS CONCERN
ING JOHNSON CASE.
Believes johnson Has HAD faif anu
Impartial Trial - Explains
Statement Made BY Witness
Aikens on Stand.

10 dafs,dant's amended motion for
n now trial I'm the Johnnie Johnson
murder case a review of the deten-
dant's motion is given, winch adas
new interest to the case. despite the
eact that the motion has been refused
bv the court. The state says ne"
trial should not be granted for the
following reasons: First, the newly
discovered evidence in behalf of the
defendant as claimed in the motion,
is not material because 1t Is not
claimed the witnesses Hollingsworth |
and McKeever know any of the facts |
or circumstances connected with the |
murder of Jack Jones. The witness |
Isaiah Aikens. whose testimony. they |
expect to attack, has lived In Waxa-
hachie a number OF years and Is well
known to both white people ana ne
groes and the defense offers TO at
tack his credibilty by two negroes
The answer further reeites that
the attorneys appointed to represent
Johnson have had opportunities to
know many negroes residing in SAID
city and that newly discovered testi-
mony which intends to impeach the
state witness is not grounds for new
trial. 1t further asserts that the pre-
tended statement of facts does moi
fairly state the testimony of severa!
witnesses. and that attention of the
court is called to such failure. ~
this connection the state cites the
testimony of Bert Nash. 3. II. Parks,
Will Hill. Roger Washington, VIII
Evans. Lillian Sharp and Isaiah Ak
ems. And in support of same copy
OF a sworn statement made by SAID
Aikens July is, 1915, is attached
under mark of exhibit "A and DO
comes a part of this motion not as
evidence but TO meet any appeal
counsel might make to the conscience
of the court in behalf of the extreme
penalty visited upon the defendant.
The answer further shows the
court that one Gilbert Watson con-
fined in the county jail of Ellis coun-
~ was in the same cell with john
ME Johnson and became intimate
with defendant and that the said
defendant made certain admissions
to Gilbert Watson, who made a writ
ten statement before W. y. Colvin,
justice of the peace of Precinct No
3. which was signed and sworn to
and is attached to this answer under
mark of exhibit "B." The state
| ment of Gilbert Watson could mo-
be introduced in evidence or the
trial of this cause nor could the wit
ness have testified to same because
the confession and admission of the
said Johnnie johnson were maoo
while in the county jail
The state asks further that should
| the court be OF the opinion that inn
peacbing testimony. as newly discov-
cred evidence, could be looked to anG
acted upon in this motion the state
asks that it be given an opportunity
tc establish the good reputation of
the witness Aikens.
The assertion in defendants motion
that the state made the proposition
to Aikens not TO prosecute him for
this offense if ne would give testi-
mony on the stand is not borne out
by the testimony of any witness or
witnesses in this case. The state ~
its officers never at any time even
suggested to any witness what his or
her testimony should be, and with
reference to this witness the county
attorney states that he never at any
time made any promises TO Isaiah
him in which he was charged with
aggravated assault in order 10 get
Aikens 10 testify as he did, but on
the contrary he took the witness
Aikens in his office, and closed the
door and told him il did not matter
about the statement he had made To
Mr.. Ball while he. Aikens, was III
Jail, that for him, when he got on
the stand in This case. 10 tell the
truth and the whole truth, no mat
ter whether his statement should as
sist in convicting Johnson or turning
him loose. That he could not bs
prosecuted for perjury on the state
ment that he made Mr. Ball, while
in Jail. This conversation took place
on the very day that Aikcns was put
on the stand as a witness. and that
Aikens was not shown the statement
that he made before or after he testi-
fled in this case.