Weekly journal-miner., 1920-12-15
Including Food Control Act Repealed House Resove
City of Cork Given Over Torture by Fire and Military Rapne for Days
Johnson Goes on Trial For Life; Smith Talks
 Of Death Day at Ranch

Joseph Smith, born in Pennsyl- vania and testifying with an accent that confirmed his origin, told about the things that happened on Paul ILegerska's ranch September 25, when Legerska was fatally wounded and on cross examination by J. A. Ellis for Ben Johnson, on trial for the killing, admitted there had been some talk of finding a rifle where the body of Legerslla had lain.
 But it was daylight when 1 was standing by Paul." the witness in sisted, "and I didn't see no rifle"
 Legerska made liquor" Smith stated frankly, under part of the .cross examination. He had made the liquor used by Johnson, Bentley Legerska and himself on the after moon of the fatal shooting, Smith testified.
 The trial of Ben Johnson opened yesterday morning with the filling 0i venire of 29 jurors from which, lat 3:45, a jury of twelve was se- lected. Without any more state ment of the case than was contained
 III t4iC Ndu4ll2 Cl llE lliAOl III dt4Ol DA the clerk, County Attorney Neil Clark plunged into the taking of evidence. The court room. where large crowd of people wac expected, was virtually cleared when the panel was called and Judge Sweeney cx- cused the extra members of thc jury.
 But Mrs. Ben Johnson and their title lad were in court with friends he wife drinking in every word that passed.
 Johnson sat impressive by Judge Ellis, only infrequentiy speaking when addressed by his attorney.
 The questioning of Smith proceed ed with very little interruption save that due to the witness inability to grasp counsers meaning and his dii- ficulty with English in speaking. \ point was raised by Judge Ellis re specting the admissability of testi- mony concerning any transactions between the witness and Bentley not directly concerning the acts of the defendant On the states argument that the whole matter was closely bound up with the acts and motives of the defendant, the court ruled to let ill inc testimony and Smith told how, after the shooting, Bentley had beat him up." Later he said Bent ley had torn my clothes off"
 There was considerable sitting down and getting up and going out at the Legerska house that after noon. according to the witness, and that night there was quite bit O. coming and going, all of which was not detailed with great lucidlty.
 Smith worked at the smelter bur occasionally helped LegersSa on the ranch. On the day of the tragedy, the witness said, he went 10 the ranch about noon and went to work cutting corn. Later, about 5:l5, he said. Johnson and Elmer Bentley hove in sight and they all fore gathered in the house where there was q bottle "of booze" on the table. They drank and talked and, Smith said he got up and passed behind Johnson, taking a small bot tie of liquor out of the constable pocket There appeared to be u few words and the witness said he told Johnson:
 "You know me. I would not steal your booze"
 According to the testimony, Paul then came into the room and gath cred up two receptacles of liquor and started out the door. Johnson, one witness said, followed Paul, picking up a shotgun that stood near the door. A moment later, neither Johnson nor Legerska being visible to the witness, he heard a shot Johnson re-entered the room and