The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-16
1T was continued on the Common

1T was continued on the Common
wealths motion"
Did you raise any objection TO
trying IL when IL was tried?"
mo, sir. Sidney Edwards was sick
at the time. We regarded him as an
important witness and ala not know
whether we could get him. I don't
think we asked a continuance. how
ever: Allen said he was sick him
did Allen appear willing to get
the boy Edwards there?"
He was rather anxious to follow
ouS instructions and get him"
A., how often aid you confer with
Allen during the case2''
often during the trial and several
times before"
Did you talk with the Edwards
boy?"
Don't remember"
During this prosecution, pending
against Allen, did you see or hear any
thing leading you then or now to be-
heNe or suspect there was a conspir-
acy between these parties to resist
the order of the court?" OBJECTIONS
by the prOSecution.)
The question was then put in an
other form, which embodied the same
query. and the court allowed it.
4 heard nothing at all to indicate
anything of that kind said witness
emphatically.
Did you see anything?"
No; If L had l would have told
the court about it."
Did an officer come to you and ask
you if there was likely TO be any trou-
Ole The question was ruled out
BY the State:
Did you know your client was in
the courthouse room with a deadly
weapon ?"
E, Il Il did not. never thought about
Witness also said he did not know
the other Aliens had weapons
Haven't you heard Floyd remon-
strate about going to prison?"
NO; L don't remember"
Haven't you heard him make re-
marks about his dread and horror of
going to PRISON."
Il can't say that I have
wasn't ne very venomous against
witnesses testifying against him?"
Il remember one occurrence"
You kept him from jumping on
and beating the witRess?"
The man was NJ. w. Edwards
Floyd was mad. He said that the
testimony Of this man was false
that it was c. d lie. l said to
him; None of that, Floyd; it will
hurt your case"
Did you hear Judge Massie repri-
mand Floyd and Jack Allen for keep
ing witnesses away on one occasion?"
My recollection is that Judge Mas
sic asked Floyd and Jack to come
around before him. and he said he
had information that Jack "a con-
stable) had been making some ar
rests that grew out of these troubles.
Mr.. Allen said he had made some.
The judge said: You ought not to
execute any warrants put in your
hands that are in any way conn ected
with this transaction Then the Judge
further said that il had come to his
Information that both men had ap-
preached some witnesses and he
couldn't allow anything like that to
pass If 1t was true. Both Floyd and
Jack spoke politely in reply to him.
They denied the report.
II remember hearing Judge MasS.s
say that IL il was necessary to enforce
the laws he would bring the State
troops 70 do it. The two men here
entered further denials. Judge Massie
said he was very glad to hear that the
report wasn't true. 1t was then, per-
hapS. that he remarked that IL il was
necessary to enforce the law. he would
see it done and bring the State troops
II occasion required. 1t was not a
reprimand. The Judge. addressing
Jack Allen ca constable). simply said:
Mr. Allen. Information has come TO
me that you have been executing pro-
cesses in this matter. You must not
execute any warrants issued in or
growing out Of this transaction
II was at the December term that
Judge Massie sounded his warning to
the Aliens
Didn't you hear Floyd Allen say
he didn't want Massie or any other
man 10 talk TO him that way?" asked
the prosecution.
I heard no such remark"
BY the defense
did Judge Massie accept the state
ments of the Allens?"
Il cannot say whether he did or
not"
Il think heard him say he was
glad TO hear the Aliens deny the re-
ports"
Mr.. Upton is a brother-in-law of
the late Commonwealth Attorney
Foster, who lost his life in the court
room shooting.