The National tribune. [volume] (Washington, D.C.) 1877-1917, 1884-05-08
a SCENE IN COURT.
Judge CsIdweiis Indignation at the = Frivolous
Prosecution - of a Pensioner.

(Lisls Rock (Ark.) Democrat. AprR al
JJ Matthews is one Of the substantial farm
ers in Faulkner county. He is one Of those
whole-sOuled members of the church who Add
so much TO the pleasures Of country life By IN
viting as many Of his friends home with him
foT dinner Sunday as may chance % be at
church. His sons and daughters are all grown
now and all the well-behaved Young people Of
the neigbhorhoOd frequent his house.
After an eight years effort he succeeded IN
securing a pension from the Government on
account Of a wound received on the left shin
while Federal soldier. which bad not healed
and still IS . chronic sore.
Mr.. Marsh special Government agent. was
in Faulkner county last fall and learned that
3ir. Matthews had q sore shin before the war
and It was on account Of this same old sore that
ne now draws q pension. He made charges
against Matthews, who introduced his neigh
bors 20 prove the contrary, and Marsh for
varied % Washington transcript Of all the
evidence taken. The Department at Washing
ton stopped the pension and ordered Marsh to
prosecute Matthews for obtaining a pension
fraaduleBtly.
Yesterday on trial the Government intro
duced three eX-COnleCerate soldiers who claim
TO have known Mr.. Matthews before the war.
at which time he had a sore shin. Matthew's
introduced the captain Of his company, the
first lieutenant and about twenty Of his COM
rades IA the service, many Of whom had known
him from childhood. When he was admitted
into the service he was stripped and examined
By the surgeon and was perfectly sound Every
witness for the defense remembered that in
1861 Matthews cut his ankle with an ak, but it
soon healed. In 1852 while trying 10 avoid
the Confederate e0nscript law BY tramping to
the Federal lines, he snagged his heel. But he
and MS friends laid out IN the brush near their
homes nearly year aflerWard during which
time the snagsed heel became well. During
lc64 he was Federal soldier and was on a
raid TO Batesyiile. When the Federals uassed
through Searcy and had barely cleared the
town troop of Confederate soldiers fell upon
them from the brush and a short engagements
followed, in which Matthews received the
wound that has made him cripple for Iife
His captain was near him whom be was hurt
and testifies TO the circumstances
Yesterday the ninth witness had been intro
dueed by the defense, when Colonel Allen the
attorney for the defense, asked about the cut
in the ankle during 1861.
Judge Caldwell" Never mind the cut. Mr..
Allen; we have had enough evidence on that
subject. / win instruct the jury that it has
been clearly proven that defendant did cut his
ankle, and that it got well; and that be did
snag his heel and that it got well and that he
was stripped naked and examined By a United
States surgeon before he was permitted to join
the army"
Colonel Allen Thanks, Your Honor"
Then to the witness: Before the BatesviIle
raid, in which Mr.. Matthews was wounded.
could the defendant run q foot race2"
Wines" lie frequently ran with Us, and
we had but one man that could equal him. He
finally got so that he would run fifty wards and
forty yards, and he carried fence rail on MS
shoulder and always beat me-" [Laughter.1
Judge Caldwell" We have had enough Of
this unwarranted frivolous prosecution. You
need not proceed further with that testimony,
Mr. Allen. / am satisfied, and I believe the
jury and every other intelligent man present
IS OF the same opinion, that this prosecution Is
without foundation and perfectly uneaIied for
Supposing a few back-dOOr sneaking. imaginary
men can remember that some time in the dis
tant past the defendant cut or snagged his foot
Is their imaginary recollection sufficient 20
warrant the charge upon which this man is
brought into this court? | want to take this
opportunity to denOGnee this unwarranted
prosecution. / am utterly disguised az the way
Government agents work in such eases secretly
and behind the door. They get lot Of er-
parts evidence, which IS founded upon an
imaginary remembrance Of the past, and bring
him here when there is not a shadow Of case
against him. 1t must be stopped; I viii take
IT upon myself 70 report 10 TO the Governments.
This is the second case Of the kind to-day
Why did not the agent 20 &c this mans neigh
bOrs, his captain and lieutenant and learn these
facts2 There are two sides 70 every case. and
the way to arrive at the facts men must be
brought face to face I most emphatically de-
nounce this whole procedure
8Ir- Marsh explained that he had taken evil
dence on both sides Of the question and sent it
70 Washington without recommendation, UPON
which the prosecution was ordered.
Judge Wei, any man with q grain Of
sense can see there is nothing in the ease. What
does the jury say, guilty or not guilty ?"
jury" Not guilty" by a unanimous vote.
Judge" The case is dismissed