The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-23
VISOR ATTACKS
ALIENS COUNSEL

WNTHENILLE, VA, May 16.-
Perhaps the most striking. If not sem
satiOnal, feature OF Thursday after
moons session OF court. aside from
the great crowd OF lady spectators.
who turned the trial of old FLOYD Al
len into sort of society event. was
Joseph {. Mysor'S fierce attack on
Judge y. II. Hairston, chief counsel
for the defense
Judge HamSton, in his argument.
which had consumed nearly three
hours and a half. begged the jury
not To be too much swayed by the
elOQuenCe of MIR. WysOr, who was TO
follow him and make the closing
speech for the prosecution.
Just what he said is not distinctly
recalled, and no stenographic report
of his remarks was made.
While he undoubtedly pictured Mr.
Wysor as a lawyer of great resource
fulneSS and persuasive powers. those
who heard him do not recall any
part OF his speech as questioning the
methods OF the distinguished Pulaski
attorney.
ON the contrary. there was much
that might be considered compliment
tary in what he said. Mr.. Wysor.
however. evidently did not take the
remarks that way. He construed them
TO mean charge that he would mis-
represent things. and hence replied
with "A great deal Of aCerbity
Before Judge Hairston finished his
speech he launched into a discussion
of some of the instructions given by
the court. W lille engaged i'm explain
ing one OF these Judge Staples cou--
tcOuSlN interrupted 10 shy that the
lawyer was reading the word "a i'm
"A certain place where the word no"
should be used.
judge Staples explained at the time
that he knew the mistake had not
been intentional. and Judge Hairston
said il assuredly was not, and forth
with read the instruction in such a
way as TO set the jury right.
Just at this time Mr.. WySor inject
cd a remark to the effect that Judge
HairStOn had misread or misQuOted
other instructions.
What Lawyer WySOr said.
The incident passed quickly and
had not Mr.. Wysor. when he arose.
begun his speech, in substance, as
follows:
IF it please the court and gentle
men OF the jury, it has been allotted TO
me to say the last word tor the Com
monwealth in this celebrated case.
The case has been so eXhaUstively dis
, cuSScd 10y my colleagues and 10y my
opponents that ! have scarcely known
what to say or where TO begin.
Judge HairstOn. who has just con-
Guided his argument. saw tit. during
the first portion of il. TO caution you
against me. intimatinS that L might
miSlead YOU 10y my speech.
He grossly misrepresents me. You
know me. 1 do not bear any such
reputation. 1 do not try under any
circumstances or anywhere to misiead
anybody.
ESPECIALLY would I be far from
undertaking to mislead YOU when you
were considering case OF man ON
trial for his life.
But Judge Hairston, like many
others. Will caution men against what
somebody else mi ght do and then pro-
whole speech was devoted TO leading
YOU away from the facts and away
from the truth.
Il hardly know whether to charac-
terize his argument as speech or as
evidence. He became the chief wit
ness for the defense. and undertook
10 put into this case testimony that
was not put into il 10y witnesses.
In the first of his speech he tells
YOU OF conversation with the pris-
oner in the Roanoke Jail. and that the
conversation there and then was sus-
tanned by the evidence in this case.
He knew better than 10 make that
statement when he made it, and yet
he made il.
What right had he to talk OF this
conversation with the prisoner in the
Roanoke jail2 why doesn't he get on
the stand and testify about it?
He says that statement was not
contradicted by the evidence here.
Then the prisoner told him what the
prisoner did not swear to when the
prisoner was on the stand. He lugged
i'm ii his admiration for the deceased
judge, Thornton i. MasSic. Which do
you believe he admires the more
Judge MaSSie or Floyd Allen? Take
his portrayal, his statements, his evil
dence which he has put into the case
without authority and without law and
where is there more noble charac-
ter than his friend, Floyd Allen? p"
CThis With burning sarcasm.) 4 will
show you as ! 20 along in the case
where he misrepresented the evidence
and misread the instructiOns-nOt
only the one to which Judge Staples
called his attention. but others. The
Judge called attention to one where
he put in an "a instead OF a mo-
changing the whole meaning Of the in
There is no need for me to eau
ton you against myself; ] have no
peculiar influence against men; I am
a plain, blunt man, and only speak
that which / know.
with these preliminary remarks
shall proceed TO a discussion of the
case"
No Reply Made BY Hairston.
Nothing was said either by the court
or by Judge Hairston in connection
with the attack Mr.. Wysor made on
the latter.
Proceeding. Mr.. Wysor said: 1--WE
have a Biblical quotation: They have
sown the wind and they shall reap a
whirlwind.' The prisoner at the bar,
using the figure of speech in that ex-
preston, is charged with sowing the
wind, and if that charge is sustained
by the evidence in this case beyond
n reasonable doubt he will reap the
whirlwind. What is the charge? 1t
is that he assaulted the judiciary; that
he undertook-and practically sue
ceeded-in destroying the entire Cir
cult Court of Carroll county; that he
assaulted the law; that he committed
a crime against civilization itself. That
assassination was worse than the as
sassinatiOn of Julius Caesar by the
Roman Senate; worse than the as
sassination of Lincoln by Booth, worse
than the assassination of Garfield by
Giteau; worse than the assassination
of Mckinley by Czolgotz, because it
struck at the judiciary, at the law
which protects our lives, protects our
property and protects our liberty.
Whatever part the prisoner may
have had in it-and that depends upon
your construction of the evidence
whatever part he may have had in it.
&c. fVrrn hot