Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-29
ROBINSON DEFENSE
RESTS IN TRIAL
States RebuttaI in Staying
j, Case Delayed by Lack
of Witnesses.


FRONT ROYAL Va, July 2S.-En-
iivened BY sharp clashes between de-
Tense attorneys and witnesses and be-
tween the rival attorney the trial of
Henry c. Robinson, aerial photographer,
charged with first degree murder in
the Killing on June 9 Of John M. john
son. prosperous Front Royal farmer,
and his son Middleton. reached the
end of its third day today with the
defense making an impressive showing
as Ii rested Its case.
The State began its rebuttal. but
vas forced TO ask for a continuance
until Monday. when witnesses could
not be reached. The defense objected
vigorously to the request, but Judge
Philip Williams ruled for the State.
A most dramatic moment Of the
trial today came when the State put
Mrs. S. Virginia Br1Imhack, an aunt
of Mrs. Middleton johnson, on the
stand in rebuttal. Mrs. Brumback
testified that Robinson had visited the
vounger JohnSon'S home on two oc-
caSsons, refuting a statement by the
defendant that he had never been to
the house.
Woman Leaves Stand.
When Chief Defense Attorney Aubrey
Weaver attempted to discredit her teS-
timony. the elderly woman, trembling
with emotion, left her chair and OBJ
iected TO the attorneys line OF CUES
tioning. Mr.. Weaver did not attempt
to question her further
The shooting in front of the Metho-
dist Church here early in the evening
of June 9 was the aftermath OF quar-
rel over q trivial automobile accident.
Robinson fred one shot at the father.
missed and turned his weapon on the
son. One Of two shots fred at the
Younger man took effect. after which
the photographer fired again at the re-
treating father, killing him instantly
The other died shortly after.
The defense consumed most of the
day in an attempt TO prove three
things That the JohnSons were re-
puted TO be quarrelsome and dangerous
when drinking: that they had threat
ened the life Of the defendant and that
Robinson fired only after he had been
struck by John johnson.
Early in the afternoon the defense
called Luther I. Board, 69-year-old re-
tired farmer, and pallbearer st the
funeral Of the elder Johnson, his boy
hood friend
He testified that just before the
shooting. the two Johnsons came to
him and made inquiries as to Robin
sons whereabouts. The younger john
son, Mr.. Board said. threatened at the
time "to knock Robinson's brains out u
he came TO his house again.
Talks OF Threat.
The defense made its best showing
On the testimony Of Hugh r. Miller,
cashier Of the Front Royal National
Bank
Miller testified that on June 9, three
hours before the shootings occurred, he
overheard Middleton johnson say, Il
am going to kin him before ! SO home. !"
The witness said this remark was adj
dressed TO the elder johnson and made
IN reference 70 Robinson. He said he
had advised Robinson earlier In the
day TO take his quarrel up with town
authorities. Robinson, he said, replied
that he had already done this and that
the Mayor had refused 10 do anything
about the matter until charges growing
out Of the Rutomobaie accident mad
been heard.
T. s. Morris said he warned Robin
son on the morning Of the shooting that
ii was DANGEROUS for him TO be ON the
street II the downtown section OF the
city.
Don't be childish" he said Robinson
replied
When he finally impressed the de-
PENDANT with the fact that he really
was taking q risk, Morris declared, the
former said he had not realized the
seriousness of the situation.
The defense put more than . dozen
other witnesses on the stand, an OF their
testimony being designed 20 show the
generally bad reputation Of the john
sons when drinking and that they had
threatened Robinson.
The state did not get far with its
rebuttal evidence, cOnfining 1t TO Mrs.
Brunback's testimony and an attempt
20 disprove o statement by Robinson
that he had not visited nearby school
prior to the shooting.
Public interest tn the trial, which ran
. high during the first two days, had
fallen OF considerably today. There
were not more than 100 persons IN and
out Of the courtroom yesterday.
The State Is being assisted In its
prosecution by George p. Horning, IT,,
former Assistant United States Attorney
Cor the District Of Columbia. John r.
Maragon, former Department OF Justice
agent, assisted in working up the case.