, 1923-03-01
HENRY Johnson CLEARED

HENRY. Johnson So g. CLEARED !;
mrs were recognised 1t the time
To be . MISTER OF great Importance
and the testimony introduced BY
Hadsell and the two supporting wit
nesses were refuted BY witnesses In
trodueed BY the State. johnson was
convicted on the purely circum-
stantial testimony introduced By the
state and found guilty Of murder in
the first degree-with . recommend
alton that he b sentenced to . life
term in the ~penitentiary. Defense
attorneys John Dillon and p. b.
Coolidge. Of Lander. made q motion
for Q new trial which motion Vas
was sent to the State PenitentiaIy
to bsgin his life sentence In that
Institution.
The case against Ray Thomas was
dismissed and Chas. Coleman,
charged Jointly with johnson.
Of being guilty Of murder, was the
next man tried. In this trial wit
kneeses for the State are said to have
reversed themselves as to the course
of the bullets and thereby admitting
that the testimony given by Kleber
Hadsell and others in the johnson
trial was correct. Coleman was &C.
quilted. Robert Coleman, a brother
Of Chas. Coleman, taken by the
county authorities after the arrest
of Johnson. Chas. Coleman and
Thomas. was released and johnson
was the only one Of the defendants
to be found guilty.
Kleber Hadsell. stir firm in his
belief that the Fremont Authorities
had convicted an innocent man, re-
Johnson, father Of the defendant,
heart broken at the course Justice
had taken, became Ill following his
IONS conviction and died, leaving
the fight to be carried on by Hadsell.
Altho the motion for q new trial
had been over ruled by the District
Court. Hadsell did not give up. Act
ing for Henry Johnson, he retained
Attorney N. r. Greenfield OF Raw
Inns. to represent the convicted man.
Attorney Greenfield appealed the
case to the State Supreme Court. ON
December 27th. 1921.
In the brief prepared by Attorney
Greenfield. he maintained. amons
other points, that certain important
evidence which the Defendant de-
sired to introduce was declared BY
the trial court - not being admiss-
had . bearing on the Defendants
theory OF the murder. tho Supreme
Court declared that tho District
Court erred In excluding the evi-
dence offered.
In discussing the contention made
BY the counsel for the defense that
the evidence introduced by the State
W. not sufficient to convict, Judge
p. ". Nets sitting for Justice KIM
ball. has the following to say rela-
tive to the evidence which resulted
In Johnson's conviction:
ut II . mystery to us what be-
came OF all those bullets, some l6
IN number. a. testified to by Wales
and Johnson a. having been fired,
and especially so under the circum-
stances that only m gun has in
any manner been accounted for in
the possession OF Henry johnson and
tbs i've Cole:nsas' and II was not
automatic. so that the firing Of shots
IN voIleys from this one gun was out
OF the question. a. neither q Spring.
field or Winchester can be worked
that fast. Another thing that seems
peculiar tho evidence IN very con-
flicting ~ to which direction the
bullet wal travelling when Il entered
the room. whether up or down. A
great many Witnesses testified that
by looking through tho bullet hole
they saw tho ground within so feet
Of the cabin and others that in look
INK through the bullet hole they
looked over the tops OF trees and
into the hills half . mile away. An
other peculiar thing about this case
n why there was NO evidence Of
blood anywhere In the house. Sure
~ his m bled with one Leg
practically severed and the other
badly ~lacerated from bullet wounds.
The state has been unable In any
how this damage could be done In
q closed room with one bullet with no
more evidence Of blood and the en-
tire lack of lead and bullet holes, ex-
ccptine the N In each room.
THE testimony Of Wales was 20
thorouGhly impcached by = number
Of creditabl III witnesses and also that
OF william Johnson that We do not
feel that the defendant in this case
should have bccn convicted on this
character Of testimony. Henry John
non and the W. Coicmans accounted
for their whereabouts: Ray Thomas
proved . complete abb: -and We
cannot conceive OF Nancy Wales
1avinG been shot In the mAnner that
Joan Wales and william johnson
testify that she was injured. .
The evidence further disclosca 10 our
satisfaction that Nancy Wales was
cot shot In the manner claimed BY
Joha wales and william johnson.
The possibility Of . person shooting
into . room with . 5000 govern.
meat gan q SOC yards asd not be-
Ing able 70 find where the bullet hit
10 extremely remote and bare