Show I CHIEF CHiff TESTIFIES fIS I IN J JOHNSON HNS N CASE I Defense Loses Fight to Exclude Testimony of Burbidge The defense In the case of Monta onta D. D Johnson standing trial in the Third district court before Judge David M. M Moffat on charges of ot Involuntary in involuntary involuntary In- In voluntary manslaughter lost Its Us fight Tuesday to exclude the testimony testimony mony of ot Joseph E. E Burbidge chief of ot police regarding an alleged confession con con- made by Johnson to the chief on ott December 26 two days lifter tho the auto mishap Johnson is alleged to have driven his fathers father's automobile into a group of or persons at Second East and Fourth South on Christmas eve Two children Clair Christensen 5 and Mary Maxine Cooper 18 months old were e killed Others In Inthe Inthe the tho party were Mr and Mrs ls Clifford Clifford Clif cm- ford Cooper and Jewel Marx Marx- Chief Burbidge testified Johnson told him ho drove his car into the group Defense Counsel F. F W V James put up a bitter fight Tuesday Tuesday Tues Tues- day clay morning to keep tho chief from telling of ot the alleged confession claiming it was obtained under duress Judge Moffat however overruled o his objections The chief told how Johnson had related In detail his trip from his home 73 North Seventh West cst street to Ogden and return going to a department store at Third South Houth and State to get his lila mother and of ot driving around when she shedid shedid shedid did not appear Chief Burbidge said Johnson Johnon told him he did not see the tho group on the corner of Fourth South and Second East Fast until until until un un- un- un til he was within four feet of It H. After hitting them he drove to his homo home with the Cooper baby which had been thrown Into the car through the tho windshield the chief says ho he declared Ray nay Van Cott Colt asked Chief Bur Bur- it if Johnson had said anything about drinking and the chief said no I r asked him If It he had been drinking drinking drink drink- ing lag he chief said sald but ho he refused to answer When I went to his home that night to take him hini to the station tation I smelled l liquor on his breath however Mrs 1111 Cooper Jewel Marx and Charles E. E Keogh taxi driver also testified Tuesday Judge Moffat fat recessed tho tIm court Tuesday evening until 10 o'clock Monday morning |