Every evening, Wilmington daily commercial., 1918-12-20
JOHNSON'S TRIAL
! MAY END TO-DAY
Counsel Are Making the Final
Pleas in the Famous Murder
Case at EllSton.
star Correspondence o, Every Evening

STAT Correspondence OF Every Evening
Elkton, Md, Dec. 2o.--The trial Of
Charles II. johnson, charged with murder
ms Major William r. King, L. 5. A.,
will probably end today Argument be
gan last night, with Attorney McComas
speaking for the prosecution and Attorney
Carver for the defence. Each took an
hour for the consideration OF legal AS
pcc,s of the case and general analysis
of the testimony. Attorneys Archer and
CLAYTON viii argue today for the pro-
secution and Attorneys Robinson and
Warburton for the defence. Dehbcration
by the jury will begin late IN the after
noon.
Testimony was concluded Yesterday,
the defence resting at noon and the pro-
secution finishing rebuttal hvc hours
later.
After much legal sparring Lieutenant
Charles r Stiles was permitted 10 rebut
the defence's contention that Major
King was responsible for Mr.. and Mrs.
johnson and Miss Esther Osborne not
being invited 90 the dance gwen 10y
Colonel Phillips at the Aberdeen Proving
Ground Nay %, 1918. Lieutenant
Stiles testified that he issued invitations
and Major King asked him 10 invite the
Johnsons and Miss Osborne. The pro-
secution stated the failure Of the John
sons and Miss Osborne 10 get invitations
VAS a link in the motive for the murder.
The defence accused the prosecution Of
violating every rule of law practice.
Ia rcbuttal OF the defcnce's contention
that there was a scuiilo or tusslc between
Major King and johnson when the
defendant fired the fatal shot Captain
g. Harold Baker, post adiutant, tcsti-
ned 20 convorsing with Mrs. Johnson
soon after the tragedy, during which
conversation, IN reply 10 Captain Bakers
question why did johnson shoot King.
she said: You know what a temper
Hal hss Hal made a remark which King
resented King grabbed Hal, and Hal
shot King" The defence contendcd
this testimony should have been IN
examination in chef Examination Of
the record showed that the court had
stopped such testimony then because
questions were not properly asked.
James Il. Turner was recalled TO
testify that no disarrangement Of Major
Kings or Johnson's clothing Indicated
scuffle or tussle, but the defence success
fully coatended there had been no testi-
nlony along that line and, therefore,
there was nothing TO rebut
Major Tainter was recalled 10 testI-
~ concerning an alleged telephone con-
versa'ion between Major King and
Johnson, but WAS not permitted because
the questions asked 10y the prosecution
were not IN proper form. Attempts 20
put he alleged conversation in the
record continued until the court told
the prosecution IL uss wasting tune
The prosecution sought TO prove BY
Major Tainter inst Major King last
June, while lodger at the Johnson
home, tired 10 obtain lodging elsewhere
but the court said that had been covered
In the examination ID chief.
The defence had contented that Ms-
ior King was physically superior %
Johnson, nd one witness called BY the
defence stated Major King weighed
225 pounds In rebuttal Major Talntcr
testified that Major King weighed 80
pounds, which is near johnson : weight,
King ordinarily was erect. but a few
weeks previous 10 the tragedy began
10 stoop slightly
Lieutenant Blackwell, who performed
q surgical operation on Major King and
also made the pOstmortem examination,
was recalled to rehut testimony Of Flu
neral Director Iaring and asked whether
anyone not a medical man could tell
the course Of the bullet that passed
through Kings body The defence said
he question was scmi-hy pot hptlcal and
insuficlently formed, and the proSecu-
ton withdrew H.
Miss Luzee W King. daughter OF
Nsicr King, testified that while visiting
Aberdeen last sprlng she STAYED with her
father at the johnson home s photo
graph of Major King and Mrs kirg
taken by Mrs. King and Idenuhed by
Miss King. was admitted as sn exhInit
Captain Baker was recalled ard asked
whether he saw any blood on JohDsoD's :
forehead and neck when he arrested John
son Captain Baker said he did not
see anything unusual
Rollo Ogden NJ Summit, y j.. who Is
editor II the New ! ork Evening Post.
testified that he knew Major King for
20 wears knew hlm well IIe last sav
the Mslor IN April or NAV. 1918 when ho
seemed 70 be lIttlc thinner than usual
The major. according 70 Mr. Ogden then
appeared soldlerlv beng SIX feet high
end weighing ls0 pounds
General John " Bubb retiredl L :.
A OF Wilmington, testified that Major
King was "a wears old weighed $50 70
100 pounds and was six feet high Gen
eral Bubb said be knew Major King for
10 years and they lived IN the same hotel
for two years The general entered the
uI tied Stater Army IN 1861
A large audience heard the arguments
last night.