Wochner trial 9 Oct 1882
WHO KILLED HIM? Trial of Wochner and the Two Johnsons for Killing Michael Lyach. Tbe Testimony Thus Far Elicited All of tbe Prosecution's Evidence In, and Part of That of the Defense. The circuit court was occupied all day Saturday in the trial of the case of Frank Wochner, Charles W. John son and General Lafayette Johnson, three young men living in Bloomington, wLo are indicted Jointly for manslaughter, the person killed being a young man named Michael Lynch. Lynch was struck on the head on the olgbt of April 15th last, at or near the house of John Linden, on South Main street, Bloomington,. and .died the next afternoon. His skull was fractured In such a way as lo lead to the conclusion conclusion that tbe instrument with which he was struck was a dull blunt one. He lay out of doors all that night, it being supposed that he was simply sleeping off a drunk. A house-warming house-warming house-warming party was given on the night he was struck, by John Linden, a carpenter; and Lynch, with from fifty to seventy-five seventy-five seventy-five other persons, were In attendance at the party. Among others who were there were the defendants in this rase, they having gone there together in a wagon. Dor. Ing the.evenlng Dan O'Brien, a friend of Lynch, got into a tight with Charles Johnson Johnson out In tbj yard, and Lynch was notified of It while he was In the house. He went out Into the yard, and had been there but a short time until he was struck upon the head. inemow, ana inacea tne wnoie ugnt, tor tbe tight became a pretty large oue before It ended, was in tbe dark, and it is difficult to say who it was that struck Lynch. The crime of manslaughter, for which the defendants defendants are indicted, is the unlawful killing of a human being without malice. It is not charged that the defendants had any malice against Lynch, fur they did not know him. the charge is that they unlawluiiy killed blm. The defendants are represented in the case by Messrs. Fifer & Phillips, and Mr. Neville, and the prosecution by State's Attorney Porter and Mr. Henderson. The jury con sists of: D. O. Scott, Rrobert Greenlee, Welcome fi Moors, James J. Wyinau, A. P. Uilng, H. M. Kosa, James W. Coffman. James Davidson, J.O. Pullen, wm. L. Nhaler, C. 11. McUerron. Thus. J. Butler, TESTIMONY FOB TUB PROSECUTION. The following is a synopsis of the most important testimony for the prosecution: fraud Miner testinea mat he saw Dan O'Brien strike or push Charles Johnson's horse, when Johnsou called out to him to go slow." soon after this. Johnson and O'Brien clinched. While this was going on Wochner was standing at the head of tbe horses. Witness went into the house and told Lynch that O'Brien was In a Unlit, and Lynch came out of the house, in a minute or two wituess fired a pistol to divert attention attention from the fight, and went off some distance distance for a few minutes, and on coming back saw Lynch lying in the yard. wm. o. Lawrence, ex-coroner, ex-coroner, ex-coroner, testified that on the Saturday evening of the killing he was in Jane Meetb's saloon, on Grove street, where be saw Wochner, the two Johnsons, and another man drinking wiae out of small, dark, short-necked short-necked short-necked bottles. Robert Dowtbett testified to substantially the same facts as Mr. Lawrence; and said, on cross-examination, cross-examination, cross-examination, that none of tbe parly could have put a bottle in bis pocket without his seeing it. Doctors Little, Parke and Miller gave med ical testimony in reference to the fracture on Lynch's skull, and all agreed that the frac ture was caused by a flat or blunt instrument. instrument. Dr. Miller said that Lynch's death was caused by the blow on the bead and by exposure. Charles Hess testified that he heard some one ask Wochner, In the house, why be didn't dance, and be replied that he was too fun to dance, witness saw cnanes Johnson and another man that he didn't know, lighting; Doth leu down; tuen uenerai Jonnsou came up, and both Johnsons kicked the other man who was down. Tbe witness did not see Wochner at tbe time of this occurrence. A few minutes afterwards Lyncb came in the house, having his bead cut and bloody; and then he went out and washed off. On cross-examination cross-examination cross-examination the witness was asked whether be didn't say to Louis liaker at the time of the inquest, "I've got that crowd where I want thorn, and I'll get even lib 'em." witness emphatically denied having said this. Dan. o Brian testinea that he ana Charles Johnson bad the scuttle above referred to; both went down; witness kicked Johnson, but nobody else kicked him. Witness was not struck or kicked while he was on tbe ground. ciay loung saia inai ne was in tne house when the pistol was shot, and then went out Into the yard. He saw two men scuttling there, but couldu't tell who they were, or w bo else was out there; In fact he couldn't tell much of anything except that he did not see the defendants there. George Hunt got to the light when It was nearly over, and hecrd a crash like the breaking of a bottle. Nicholas Grady said that he went out of the house as soon as be heard the pistol go off. When he got to where the ecullltng was going on, be saw Wocbner standing near by two men who were on the ground. The UNDER MAN WAS LTNCH J TIIH UPPBR MAN WAS SEN. JOHNSON. Witness helped to take Johnson off of Lynch, tie am not hear the breaking of a bottle. Thomas Keogh, city marshal, said that when be arreBled Charles Johnson, Johnson told blm that somebody bad kicked his team and he bad a tight with him, and that there had been a general tight down there. Tbe witness picked up near the house, the second second day after the fight, a number of pieces of a broken bottle, and these were offered in evidence by the prosecution. u Ulcer rrana nowen anu ensues uurget gave unimportant testimony. Michael Buiuvan came out oi tne nouse duriug the night and beard General Johnson suy, "They wanted a fight, and I'guena-ouS I'guena-ouS I'guena-ouS of 'cm got enough." Wocbner ani the General were standing near tbe scullle. Wochnerlaald U the witness: "Don't say anything; we don't want any fighting here." Herman pepiow sata mat ne was walking from Linden's house with Joe Engelken to Pete Engelken's saloon, when be beard tbe pistol shot He then ran back towards Lin den's, and met Wocbner's team on tbe road. He heard Wochner say as be passed by in his wagon tbat he had "done oue son of a bitch up WITH A CHAMPAGNE BOTTLE." On cross-exsminatlon, cross-exsminatlon, cross-exsminatlon, the witness denied having sent, or caused to be sent, letters to Wocbner's lather threatening to testily against bis son if be didn't "come down." Richard Bramwell said that he was going down tr road from Linden's house to Engelken's Engelken's s oon when the fight commenced, and was foui or nve reel irom Johnson s team when O'Brien struck his horse. He saw the scullle between Johnson andO'Brlnn; saw Frank Miller go to the door and call Lynch; saw Lynch come out of tbe door, and beard a crash like tbe crash of a bottle. Right after this Wocbner and bis party got into their wagon and drove off, passing witness on the road. As they passed by, witness heard Wocbner say that be bad 'done up one son of a bitch with a champagne bottle." Mrs. Berkey and Mrs. Keeler were standing near witness at the time, and one of them said: ' You'd better get inside of tbe yard or they may pitch on to you." Miss Lizzie Bramwell, who wss at the party party at Linden's, said she saw a bottle in the pocket of General Johnson while he was in tha hmme with silver about its. neck. At this point the prosecution rested Its case. The defense then offered the following testimony : TESTIMONY FOB THE DEFENSE. Mrs. Berkey, who lives in tbe second bouse south of Linden's, testified tbst she was standing near Bramwell' when Wochner's wagon went by, and could hear everything that was said as wen as oramweu couiu and (she did not bear Wochner say what Bramwell swore to. She beard tbe crash of glass and thought It was a window being broken. She, however, beard Charles Johnson Johnson say tbat he bad got bit a good deal. Mrs. Keeler testified to substantially the same facta that Mrs, Berkey did. Edward Schmidt testified that he, Wochner, Wochner, tbe two Johnsons, and Jacob Jovel went from Bloomington to Linden's In a team; that none of the party had a bottle with him. After bearing the pistol-shot pistol-shot pistol-shot tbe witness went out Into the yard where he saw Woch-ner Woch-ner Woch-ner standing by tbe gate; but be did not see Wochner do anything. He denied that Wochner Wochner said, in the wagon, what Bramwell said he did. . Jacob Jovel testified that he saw Wochner naar the gate about tbe time of tbe fight, but he wasn't doing anything, wituess was out of the house onlv a few minutes when Woch ner called to him to get in tbe team and go with them. Neither Wochner nor anybody else In tbe wagon said what Bramwell testi nea to. John Linden, the owner of the house where the party was being held, testified to the location and surroundings of bis house. He had asked General Johnson to come to tbe dance and to bring the "rest of tbe boys." There were about fifty men at tbe dance, In addition to ladies. W ben ne heard tbe cry of tight outside he locked the door, anu kepi 11 lockea until mi pisioi was ureu and then he went out. He saw two men down, near the end of the rate, neither of whom were the Johnsons. tie asaea uen erai Johnson to do him the favor to go home, and both Johnsons said "all right," and trot in the wacon and went away. ' i i wss all the testimony onerea on eat. uiday. Linden's teslimouy-in-chlef teslimouy-in-chlef teslimouy-in-chlef teslimouy-in-chlef teslimouy-in-chlef Is not yet finished. It is probable tbat all tbe testi mony in the case will be finished by noon to day. a 0 V. VULLOM. A Fine Spent at Dnrley Ball by the Leader of the Republicans of Illinois. Durley Hall was well filled Saturday night to hear Gov. Cullom discuss political questions, questions, although without the rain fell In b?.--rjnts. b?.--rjnts. b?.--rjnts. b?.--rjnts. The colored glee club sang "May God Pro tect tbe Right," and, receiving an encore, gave "We'll Rally Again" with good effect LIBUT.-0OT. LIBUT.-0OT. LIBUT.-0OT. HAMILTON, In presenting Gov. Cullom to the audience, said: "By request of the State Central committee, committee, it is my pleasant duty to Introduce the speaker to-night. to-night. to-night. The presence of so large a number of citizens here to-night to-night to-night is an ldence of the fact tbat tbe adherents of the Republican party are ready to take up the conflict You have not forgotten the princi ples of that grand old party under which you marched to victory under Lincoln, Grant, and Garfield. I know of no one who would at tract tbe favor, or be more welcome to ex pound those principles, than one whom you know so well, whom you have delighted to honor as tbe official head of tnis State. I present to you one who needs no further Introduction, Introduction, oov. CULLOM." Governor Cullom, after tbe applause had subsided, delivered an eloquent and stirring address, of which the following Is a synopsis: Ladies and Gentlemen: The best evi dence of tbe good government of a nation is the prosperity and happiness of Its people. 8lnce the Republican party came into power, the national existence was Imperilled by a gigantic rebellion, participated in hy one-third one-third one-third of the nation, and sympathized with by a large faction in 1 he loyal states, it emerged from tbe ordeal, and is to-day to-day to-day prosperous prosperous end happy. une-haii une-haii une-haii of me immense aent incurrea py the war has been paid. Four million slaves were freed. Disturbed values have been re- re- .dlusted. Labor has been rendered equal. All this Is the result u' Republican measures, policy ana laws. All ittose great measures tending toward the pacification of our people since the war have been opposed by the Democratic party. The Republican Republican party has met every living Issue ss It arose, War measures for wartimes; recon struction measures to bring back rebellious States. To-day To-day To-day brings new questions. Tbe rights of labor and capital demand our attention. A nation's prosperity de pends on the laboring man. Tbe tariff' question, question, too, is becoming more Important every year. We must protect our laborers and foster our manufactories. Tbe Democratic party has always opposed a 'tariff for protection. protection. We cannot compete successfully with the pauper labor of Europe, with the trade, without cutting down the wages of our workmen. workmen. The Democratic party condemns a tariff for protection, the Republican party favors it. Tbe Republican party favers diversified labor and tbe giving of employment employment to all. In this laud any man who keeps out of politics and Is Industrious and sober can become Independent." A CONUNDRUM ANSWERED. Considerable of a sensation was here caused by a lady, a Miss Virden, of this city, rising and asking: "Governor, now are we to Keep ine hus bands and fathers of this country sober while there are so many saloons open all tbe time!"' To which his excellency replied in hi) ur bane manner: "Why, simply by keeping them out of tbe saloons." Shouts and laughter. The Governor then considered the Demo cratic State platform, and holding up their party recora aemonsiratea mat meir claim of favoring equal taxation was a mere resolution, resolution, nothing more, also that their claim of favoring a reduction of taxes had never evinced itself in any acts of the party. Tbe speaker stated that he favored an internal tax on liquors ana toDacco alone, ana tnai ii there was still more revenue collected than was necessary be favored an equal distribu tion of the surplus among tbe States. In regard to the plank of tbe Democratic platform stating "lhat while the governor bad said In his annual message that $3,000,-01X1 $3,000,-01X1 $3,000,-01X1 would be sufficient to pay State expenses for two years the same governor approved the bill appropriating $7,000,000 for such expenses." expenses." Ho said tbat the difference was caused by the appropriations for the State House, rebuilding tbe burned Bout hern in sane Asylum, and for State school purposes, none of which had been included iu his mes sage. That tbe statement made In their platforms platforms as well as tbe one tbat tbe Illinois Cen tral railway 'unds had been misused were MALICIOUSLY FALSE AND MADE TO MISLEAD tLe public in regard to the rate of taxation let me say the rate of 27 cents on the one hundred dollars in 1879 was low, became twelve hundred hundred dollars of surplus money piid into the Stale treasury as back taxes was appllea by law toward the payment of that year's appropriations. appropriations. The next year there wss no surplus and the rate was 3D cents. Tbe rate for last year, 4 cents on the one nunarea dollars, seems large, but is ouly so from tbe fact of the disappearance of the surplus surplus I have mentioned which was used In securing the low rate of 7 cents in 1S7U The antironriations made by our Leg. Mature running back for eight years have not vtried but a small sum, as records will show. Evory dollar coll. ctvd and paid into the State treasury staysthere until taken out by a warrant based ou a voucher, which pa pers are filed and show for themselves, where every dollar has gone to. Your State owes no debt. No man holds a dollar of its paper that It Is not wllliug and able to take on sight. Your State charities are credits to our institutions. Democrats decry those Institutions In order that by pro- pro- f losing a reduction of taxes they may get nto office. Tbe Republican party is in favor favor of taking care ol the unfortunates of the State as well as of upbuilding the educational educational Institutions. It is tbe party of progress. If we expect to make our State what it should be we must go forward in education and In all the other elements which go to make up a prosperous nation. SUSTAIN THE GRAND OLD KEPUBLICABT PABTY and irtve rousing maiorttiea lor Cant Rowell. Mr. Mitchell and Mr. Funk, and elect the entire county and State timet and keep the old party in power which has been the life an glory of this nation for the last twenty Tears." (Cheers 1 Capt Rowell, being ralleJ on thanked the audience and excused himself promising to gives talk to Bloomington people on politics t,e I ore me campaign ciotea. Leaves - E. Lsnpe But well The new At and N. ver, In that health. married fessor county, Thursday, falling Is 87 children, great-grsat-grandchlldren. great-grsat-grandchlldren. The move Just hearty A Thursday, at train, and injured. One John eoal an passed The company, ors, B. Harvey been At ersham, found Col. D. resulted bv despondent, A key to chanics two, then from the In just An' nesday, occasion Miss was tur. At place couple. A Chicago Mr. lington gentleman Rood subscribed be The life. of Dy fiolsonous IIh ebb thin sud life and Velio maker. vigor makes drives and gives Dr Yale Melgga of bis country Mr. Write: Sarsaparllla used. I quickly. any Forty u scrlptlnn ......... In lor forty millions of .i.iu . vuuu griping neallu to tweti'.y-ftve tweti'.y-ftve 107 A cordial Inspect In Uye J WIXX Block, Ington.