Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-02-03
THE moucuRE ASSAULT CASE,

Ala preliminary hearing before Jus
t;ce Joseph Reading. in the Police
Court at Rockville, Nd, yesterday
Joshua Offutt, a we'll known farme
of Potomac district; Benjamin 7
Whalen, formerly chief deputy sheriff
of Montgomery county, and the latter
brother, Joseph Whalcn, were helt
for the action OF the March CRANE
iury on charges Of ; assault with inten
to murder, aud assault with intent t
main, growing out Of the assault OF
Richard GIL. Moncure, the virgini'
lawyer, who vas attacked in front Q
the courthouse at Rockville last WeeS
upon the conclusion OF Il case IN whic'
he had been engaged. The ban IL
| each case was fixed at 81 600. oeoFs'
G. Bradley, q Potomac district farmer
becoming bondsman for Of1utt' ano
Emory H. Bogley for the NhaienS,
II The men are indicted their cases VII
be docketsd for trial at the March term
of court. -, ),
Mr. Moncurc was accompanied by
his father, DR.. Moncure, OF fairiaS
Courthouse, Va; his brother, Frank
Moncurc; Morris Wampler and WI
liam Cloth, his law partners, and .
number Of other Virginia lawyers and
friends.
States Attorney Waters was assisted
in the prosecution by Wampler and
Cloth and G. Vernon Ford, of Fairfax
Court House. John a. Garrett ano
Emory Fl. Boglcy looked after the III
terest OF the defendants. At the sug
gestion Of counsel for the defense tho
case against Offutt vas taken up hrst
but as all the facts in connection witt
the assault we're brought out, Justice
Reading announced upon the conclu'
sion Of the evidence that he felt nc
hesitancy in holding all three men. h(
spoke Of the assault as heartless anc
outrageous. As evidence OF the
temper of the people OF the community
the decision was greeted with cheers by
the large gathering.
The testimony Of the witnesses foI
both the state and defense agreed that
Joseph Whalcn started the trouble. II
was shown that he accosted Moncure 4:
the lawyer was on his way from the
courthouse to his hotel and asked him
did YOU mean to call Inc a liar in the
court room?" Upon being told by
Moncurc that he meant Just what he
had said, the questioner struck at tho
LAWYER, but missed. Tie testimony
was also pretty clear that Ieyton
Whalen became prominent at this
juncturc and struck Moncurc and chat
the lawyer started to run as he arose.
Pcyton Whalen following, chasing
him across the street and back TO where
the difficulty began, where be again
struck him and knocked him down.
Mr.. Moncure, WHO WAS the lirst wit
ness placed upon the stand, sworc that
after he had been knocked down tho
second time, both the Whalens struck
and kicked him, ard that Offutt kick.
ed him in the eye, saying at the time
you ought to be killed. he also
sworo that he was chased by both the
Whalens and Offutt.
All the witnesses for the defense
swore that 10 one kicked Moncure at
any time and that the only one who
struck him was Pcyton Whalen. anu
that he used only his fist, but several
witnesses for the state testified that
when Moncure fell. or was knock cd
down, after being chased, lie was struck
and kicked by more than one OF the
men. Peyton Whalen admitted in bis
testimony that Just as his brother
struck at Moncurc he rushed up and
struck the lawyer. He asserted that
Moncure reached to his hip pocket as
if to draw q pistol. lie also acknowl-
edged chasing the lawyer across the
street mad back and striking him and
knocking him down a second time, but
denied kicking aim.
II was shown by two witnesses that
Peyton Whalcn had made threats the
day OF the assault. Webster Spatrs
swore that he heard him say in lunch
room in Rockville that he would mash
his mouth for making my brother out
liar" and Mrs. Rose Bradley, q sister
of Joshua Offutt. testified that Pcyton
said to her in the courthouse, i'll dis
cussing the case in which his brother
testified, that he would fix them.
meaning the lawyers who had attacked
the veracity OF his brother.
Governor Mann has written to Gov
a.nnr Grathnrc nf Nnrulanl cnllinu