The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-08-24
strolled about

occasional joke. though ne did not
discuss the murder case. Paul is prob
ably like Beulah-naturally amiable
and unusually weak when 1t comes
TO outstanding temptation. But GER
tainly he looks about as little like a
criminal or an enemy OF humankind
as any man in Richmond.
The determination of the defense
to fight TO the last ditch was presaged
yesterday by the promptness with
which Hin Carter announced that he
would except to Judge Watson's rul-
ing fixing the date OF the trial as Au-
gust 21st.
Although the young jurist. with
great particularly, had explained his
reasons for not allowing a two weeks
continuance, Mr.. Carter, in perfectly
calm and deferential terms, an
nounced that he felt that an injustice
had been done the defense. The law
yer used language something like this:
| while 1 have the utmost respect for
Your HOnOr's opinion, rather think
\ that we ought to note this matter"
The judge replied: The court does
not understand that there is any re-
cord of what il is now doing. Its &C
ton is tentative. When the accused
is arraigned, at that time, IL there
| were legal reasons existing that would
entitle the accused to a continuance,
of course, they could be presented"
Mr.. Carter recognized the correct
ness of the judges position, and
therefor the exception was not noted,
as the I after. in a certain sense. is
still open. But the probabilities are
that il will come up again next Mon
day, and that on that occasion EX-
ception No. 1 will be noted, unless,
indeed, further continuance is allow
ed.
Turnkey Garnett Gets His Roast.
Continuing after the mutual eX-
plantations as to the continuance had
been exchanged, Mr.. Carter said: I'VE
have been somewhat hindered in our
defense in this case-Our preparation
of this caSe-by the party in custody
of the defendant declining TO allow
, his (Beattie's) counsel TO confer with
him in the presence of witnesses or
any other persons helping to get tes-
timOny in the case except in the hear
ing of the TALLER.
We think, ii Your Honor please.
there should be some instruction TO
the jailer TO allow us to talk to our
client without his hearing everything
said. We do not cOnstrue the statute
as meaning that he must listen to all
that passes between us.
Mr.. Wendenburg, on behalf OF the
State, fastened TO explain that the
cavalier attitude Of Turnkey Garnett,
who has dehed reporters and lawyers
alike, was not due to any suggestion
About two weeks ago" said Mr..
Wendenburg, the officer in charge Of
the accused asked me whether there
was any objection to counsel for the
accused taking into the jail witnesses
or other persons and having a confer
ence with them. l told him that SO far
as this case was concerned, he had my
entire permission for Mr.. Smith and
other counsel to consult with the per
sons in Jail and that he must not be
present. l understand he CHR. smith
has had some trouble with this jailer
lately.
smiths Delicate Irony.
II. NJ. Smith. for the defense, here
arose TO speak in the same connection
that is. to give voice to the same
In doing this. Mr. Smith handed out a
mordant sample OF his irony which, in
realty. was harder swat at Turnkey
Garnett than would have been a whack
with a baseball bat.
The lawyer said that the petty official
had announced to him that he knew
the law and that after such a reminder
from so eminent an authority on jUris-
prudence, he (Smith) had said no more
on occasions Mr.. Smith can be an artist
in irony, and this one sample of his
skill in that direction was fitting re-
minder Of what may yet come.
Judge Watson. who has the gentlcSt
Of manners and the most conciliator,
OF voices, after hearing the lawyers.
said: Il knew nothing Of the troub..
YOU have explained. I have no Obiec-
zion to your having conferences with
your man. / Will instruct the sheriff TO
permit you, as counsel for the accused
TO have reasonable access 10 him and
with such persons as you see ht TO
take IN there.
Trouble I'm Getting n Jury.
In declining TO allow the continuance
asked by Messrs. smith and Carter
Judge Watson made il plain that he
was loath to refuse their request and
only did so through force Of circum-
stances. He said in part: Gentle
men, the court is limited in its term by
law. on the 9Th OF september the term
in NottowaY will have to begin or else
lapse. 1t so happens that the court in
Nottoway has an important term, and
the court in Amelia has an important
term. There is a case OF the same de-
gree as this CAS- to crime charged) in
am unfortunately situated as to the
latitude which otherwise the court
would be disposed 10 indulge in this
case. II is beyond my power TO antici-
pate the length of time required to
complete this trial ] aDpreheud that
sometime Will necessarily be consumed
in securing "A jury SO that il may safe
~ be supposed that perhaps two or
three days Of this trial, after its date
has been fixed. will have to be con-
sumed IN EFFORTS TO secure a jury. II
the nrst Monday in September is set
Tor this case II means no court to sit
in NottoWay. Under our statute the
. court or courts cannot be in session in
two places at once, nor is it practicable
TO send another judge there"
From the foregoing il may readily
be seen that Judge Watson expects TO
| encounter trouble in getting the jury.
= He thinks two or three days will be
lost in this work. And even at that he
IS stating things conservativelY.
r AT least one man has been heard 10
say that the defense would not at all
object to a jury from Chesterfield, as
b the father of the accused is popular in
the county and great sympathy is fel'
81 for him there.
y But it will surprise many if Chester
field actually does produce the Jury
, In all likelihood several venires will be
exhausted before the twelve men are
: actually empaneled. In the McCue case
there We're Venires from Richmond
fredericksburg, Petersburg and Eau
- quier. and altogether they cost $I,54952
- The Beattie case has been even more
widely advertised than the McCue case
so il is not difficult to get an inkline
OF what may be expected at Chester
field Courthouse next week The late
Judge Norris. of the Corporation Court
v OF Charlottesville, did not even make
+ an attempt to get any jurors from thf
e. home town of the accused McCue Al
o. | the very first jump he sent to Peters.
burg for venire. And that havine
, failed to furnish the required material
u | he sent elsewhere.
D still Secret About the Defense
% Not by word, sign or deed did coun.
e sci for the accused in any way intimate
I the line OF their defense YESTERDAY
They were clamlike in their taciturn.
p ity and acted as though they didnt
think this matter was Of 10 eli