The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-02-02
BEATEN BECAUSE
OF HIS TESTIMONY
Peyton and Joseph Whalen and
Joshua Ofutt Taken in Custody
by Sheriff, But Are Released.
Condition Of Mr. Moncure
Is Very Critical.

nt<A-hMUAA AAtONAtgN u AAAN oANAC
OF Virginia, was SO badly beaten
Yesterday afternoon that phySi-
clans attending him fear for his
recovery. III he survives, the doc
tors say, he win lose the sight OF
his left eye, i'm which Inc was
kicked during the assault. MIR.
hfOncure Is lying critically in at
the home of DIR. CLIFTON H. King,
1922 IA Street, Northwest.
Three OF the six men who are al
legged TO have assaulted Attorney Mon
--,-> lave Seen arrested 10y Sheriff
-Viett Of Montgomery county and re-
leased on their personal bonds. The
three are Peyton Whalep, deputy
sheriff and constable of Montgomery
county: Joseph Whaien, his brother
and Joshua Oflutt a farmer Of POtO-
mac District, Montgomery county
The others have not been Identified
THAT these men, who We're arrest
ed on warrants sworn out for the as
sault upon Mr.. MOncure. should be
liberated by Sheriff Welt on their
personal bonds, when the case may
termin3t manslaughter, is an out
rage. satd II. Morris Wampler, law
partner OF the injured man, last
night. The assaulted man is in a
Very dangerous condition, and it is
extremely doubtful whether he Will
live"
Everybody in Rockville is aroused
over the aEair. as Mr.. NOncure and
his law partners are popular there.
For the- pest two days the trial has
udkcen ia reoersss. Four sisters of the
late tIanhhn d. OGutt- OF Rockville,
4ltave ben tryiug 90 break their broth
~S9is Will ON the ground shat he exc
ccutcu the OoCumC mt U a.ie Df uusuuDd
mentality. The estate inrclycs shout
$3.0Ge, aI OF which tle o-c.ascC ictl
Ills Vesacity Inpraclci.
AppcarinG for tac p--lltias ip the
c8Sc( were Attorneys AorcurC. W3m-
pier and Cloth. The latter tho Uni
Nersity Of Virginia football player, of
AleNand ria Courthouse. Va. The case
was tried before Judge J. c.. Motter
During the afternoon MIR. MoncuVc had
made his Enal argument. and several
times during MS remarks had Ia. je
sta Cnts reSJrdinC the widow 90
the deceased. who was lbs sole de-
PENDANT m the case. Joseph Mnale0 /
= of the men alicyed 10 have us-
@lted Moncure. was placed ON the
sand. The attorneys for the plain
tiffs began to crCSs-queston htul re-
garding statement ne had made L.
them during the morning session OF
the court
+. Didn't you tell me that th's has
pened2" queried Attorney Moncurc T.
an effort to make point for his
side.
no. sir. 1 didn't tell you anything"
the witness replied.
VIII you 1tN14Ot AtM8t lAlaN you
were talking with me today" cOun- !
sci for the plaintiffs asked.
y certainly was, but did not say
the things you intimate L did re-
piled the witness.
Thereupon the attorneys for the
plaintiff produced "A woman witness
who testified that Whalen had made
certain statements TO Moncure i'm her
presence.
- HnnfHa of &c
- the truth" said Mr. Moncure.
a his final argument.
1t is this assertion that is indirectly
responsible for the assault Several
times. il is asserted, during the hear
ing OF the case, the Whalen brothers
have declared that they wished to see
Mr.. Moncure after the case had been
settled. Mr.. Moncure and his law
partner, MIR. PamPler. say they never
knew what the brothers meant by
these statements. and, therefore. at
tach no significance to them.
Victim Knocked Down.
After the case had been referred TO
the jury late in the afternoon, Mon
cure, accompanied by Warren NJ
Mitchell, Of the firm of Mitchell x
Weaver, stenograp piers, decided to so
80 = Hearby hotel and eat dinner They
had got several yards from the steps
that lead into the courthouse. il is
alleged, when the two Whalen broth
ers rushed at them.
do you mean TO say that / am a
liar" Joseph Whalen yelled accord
ing TO eyewitncsses as he shook his
. fist in MOnCurc's face.
&What 1 said in the court room
during the trial of the case / meant,
said MOncure.
With that Joseph Whelan is al
legged 10 have struck MOncure q blow
in the face. Mitchell attempted to in
terfere and prevent the assault. but
several oth1TTISsl n lISla1u .taiiI. out of
Shersh n is alleged TO
have struck .-4@cTe q blow which
feiled him to the ground. Where
upon. it is asserted, Joshua Offutt and
other men, whose names could not be
learned, began kicking the PROSTATE
man. Moncure managed TO get to
his feet. and attempted to cross the
street and escape from his assailants.
Eut the men, II IS alleged, Knocked
HIM Gown again and they did not stop
~sicking him until he lay unconscious.
they turned and leisurely walk
tx y ay, while eyewitness TO the
among whom were many wo-
hand children, lifted the uncOn-
Us man mp and carried him TO q
srny drug store
H. r. n. Henderson and George
Cook, of Rockville. We're summon
- They fdSnd that ASneure was
5uf ce-rs<- 1871 a-l1roken use, an in
= J
hx, Of which has not yet been
kaiy determined. lis clothing was
n torn and his face had been beaten
4 black and blue.
Dir, Henderson said that the in
81 lured mans left eye had been kicked
and vas bleeding from the back. a
conditfon which would probably de
stroy lie sight of It.. After receiving
Ereai ,ue lt from Rockville physicians
loEc9re was brought TO Washington
an tomobile and placed in care
pr sing, a specla.ist in eye dis
- "a, ~ al. Mitchell. who was with
Mo- 1T the time Of the assault
pa last night that the assault was
iineut nf0vocation other than The
pros used by AIR Moncure at IT,
ial-
ther Of us expected TO be af-
ck bN the deputy sheriff and com
ahlo OF the community" he said.
nor lid we think that six men would
ltacN two. IT was a cowardly and
utsl act and may result in the
lth Of one OF the brainiest mem
of the bar in this section of the
~ IL 7fooro cofn1 that fFoca