VOLUME II. NEWPORT, ARKANSAS, WEDNESDAY, FEBRUARY l/ 1903 NUMBER 253
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PHYSICIAN, SURGEON AM»
OCULIST.
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Tickets on sale February 17 to 19.
Good for return February 28. Tickets
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T. H. Reamey, Agent.
FATE OF JOHNSON
RESTS WITH JURY.
Argument Concluded In Celebrated
Johnson Murder Trial Wednesday
Afternoon—Instructions Giv
en By Court For Murder
In First and Second
Degrees and Man
slaughter.
At this writing Wednesday after
noon, the final argument for the state
in the celebrated trial of Rufus John
son for the killing of James Cole upon
the 10th of May, 1902, in Richwoods
Township of this county, was being
heard and it was expected that by 6
o’clock p. m., the fate of the defen- j
dant would rest in the hands of the
jury. What their verdict will be
shows a wide difference of opinion!
among those who have attended the
trial and watched closely the pro
ceedings, but few anticipate a finding
of murder in the first degree. More
prophesy acquittal but the majority
expect a penitentiary sentence of
from one to ten years.
The instructions of the court cover
ed murder in the first and second de
grees and manslaughter, which were
given to the jury Tuesday afternoon,
when the evidence was all in. Then
began the argument of the attorneys,
Judge M. M. Stuckey and Prosecuting
Attorney Oldfield for the state and
Judge J. W. Phillips for the defense,
an evening session of court beine1
held.
On Wednesday morning, J. M.
Stayton followed for the defense,
then Gustave Jones made the final
appeal for his client concluding his
address in the afternoon. S. D.
Campbell made the closing argument,
which is accorded the prosecution.
The court room has been crowded
throughout the hearing of the argu
ment, that section of the county in
which the killing occurred contributed
probably a majority of the listeners.
The case has been ably handled, both
from the standpoint of the prosecu
tion and defense and every point
contested. Throughout the trial,
Judge Wm. L. Moose has pi-esided
with a fairness and and ruled with a
firmness and evident knowledge of
the law which has won him the high
est praise.
EVIDENCE INTRODUCED TUESDAY.
L. MANNING.
L. Manning was recalled Tuesday
morning, when court convened at
8:45 o’clock and testified that he told
Will Manning to go and tell Johnson
that Cole had said he would kill him
(Johnson) should he ever find him on
his premises. On cross examination,
witness denied that he had told
GuBtave Jones of a plot to kill
Johnson. On redirect examination,
said that Cole’s threats were made
because of Johnson’s connection with
his wife.
J. S. JONES.
J. S. JoneB, circuit clerk, testified
that the original minutes and trans
script of proceedings before L. Man
ning, which charged Rufus Johnson
with murder in first degree had been
lost. Witness stated that records
Bbow same were last delivered to J.
M. Stayton. Mr. Stayton was placed
upon stand and stated that he had
returned original minutes with these
papers, which were upon examina
tion found with these papers in the
possession of attorneys for the state.
J. S. Jones was then recalled and
identified original copy of minutes of
proceedings before Esquire Manning.
WALTER BEEDE.
Walter Beede impeached character
of Frank Sanders and gave his gene
ral reputation as bad.
JOE PROCTOR.
Joe Proctor was also introduced to
impeach general reputation for truth
and veracity of Frank Sanders, which
he gave as bad.
NEWTON NANCE.
Newton Nance further testified that
Frank Sanders could not be believed
upon oath.
JUDGE M. M. STUCKEY.
Judge M. M. Stuckey testified to
being a witness to the taking of four
pictures of the scene of the shooting,
describing positions from which same
were taken.
J. C. BALL.
J. C. Ball, testified to being present
at taking of four pictures. A. show
ing positions of himself and Cole at
time of the shooting, which witness
testified were correct. Photograph
B. was also identified, showing spot of
blood where Cole fell, also persons at
gate showing where Ball and Cole
stood. Photograph C. was similarly
passed in showing house, road and
thicket, where Johnson’s coat was
when shooting took place. In photo
graph D. witness stated a front view
from house was given, showing thick
et in which Johnson stood at time of
shooting. To the introduction of
these pictures as illustrations of the
witness before jury defense entered
objection, which the court overruled.
Witness said he couldn’t see Cole
reach for his gun just before shot was
fired. Cole was three feet to his right
and when first shot was fired ran at
right angles from Johnson. This was
illustrated in the court room.
Witness told of a meeting on the
morning of May 10th, in the road,
stated Cole did not point gun at
Johnson, witness told him not to use
his gun and so he dropped it; witness
took same into his posession. On
going later to the home of Thomas,
witness said that yard gate was not in
view from beds in the house, because
they were not in front of the door.
On cross examination, witness stated
that when the meeting in the road
took place Cole did not say “Get
ready to die, G—d d—n you.” Denied
having told A. Norman and others
that Cole did grab the gun just before
Johnson shot. Denied stating in first
examination that he could not see
positions of Cole and Johnson at time
of shooting. Denied twisting gun
rom Cole the morni ng of the difficul
ty or that he had stated in first exa
mination that Cole threw gun down
on Johnson, denied further that he
had stated in the first hearing be only
spoke to Cole to get him to drop his
cm n
J. 8. JONES.
J. S. Jones was recalled and testified
that transcript of minutes of prelimi
nary hearing was correct. Testified
that no subpoenae was issued for Jno.
Howard at July term of court.
JUDGE M. M. STUCKEY.
Judge M. M. Stuckey said he made
notes of testimony of Rufus Johnson
in preliminary hearing and identified
same stating that Rufus Johnson
signed same. Read from those min
utes, where Johnson said he wanted
to shoot to kill, taking close aim and
fired twice, though he thought the
first took effect. Related positions of
beds in Thomas’ house, showing a
person in bed could not have seen
the front gate. Plot was introduced,
showing location of beds to the jury.
J. C. BALL.
J. C. Ball was recalled and tes
tified that Cole turned around when
first shot was fired.
W. D. BOSS.
W. D. Ross, photographer, identi
fied the pictures and showed the jury
from what positions they were taken.
Court then adjourned for the noon
recess.
L. MANNING.
Esquire Manning was recalled for
further cross examination after noon
recess, the state having rested in its
case. Witness denied having told
Charley Dennis, that Cole had told
him he had formed a plot to kill
Johnson.
CHARLEY DENNIS.
Charley Dennis testified that Sun
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