Mistrial Denied In Murder Case

Mistrial Denied In Murder Case

Johnson's Lawyer Says Article Influenced Jury

A motion that a mistrial be declared in the murder trial of
Harold A. Johnson was denied today by Circuit Judge James R.
Breakey, jr.

Johnson's attorney, Ralph C. Keyes, contended that the mis-
trial should be declared because some jurors might, have been in-
fluenced by accounts of the judge's statements in Saturday's
editions of The News.

The judge's reasons for dismissing a motion to return a directed
verdict of not guilty and dismiss
the information were quoted Sat-
urday. The jury had been ex-
cused from the courtrooms at the
time the judge made the state-
ments, although they are part of
the official record.

Three jurors raised their hands
when the judge asked if any of
them had read the article in question. None raised their hands
when asked if they been influenced
by the statements.

"They would have been proper statements if made before
jury and I could have," Judge Breakey stated. He again ad-
vised the jury not to read newspaper accounts of the trial or
discuss the trial with anyone.

The case was recessed this morning until 3:30 p.m. to give
Keyes time to prepare his next. steps in the defense of Johnson.

Keyes has been trying since early Saturday afternoon to present a question
asking Dr. Roscoe W. Cavell, assistant professor
of psychiatry at the University whether he thinks Johnson could
have gone "insane" during the Jan. 9 shooting of his wife, Mar-
gery, 35, and two small daughters, Barbara, 3, and one-year-old Mar-
garet, in their home at 1435 Westfield Ave.

The defense contends that the first shooting of Margery was accidental and that Johnson was
"mentally deranged" thereafter. At this time he is standing trial
only for the murder of Margaret.