The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-03-28
lETECTIvES ARE -:
BAFFLED BY gang
Membcrs Of Gang May Be Caught
To-day or Not for Weeks-wysor
Accepts Appointment-Jas-
per Still Trying to Save
Property.

According TO the report thirty
O. the Aliens and their followers
held q two-h0ur conference with
In three miles of HiIlsville this
Afternoon It was decided TO fight
60 the finish and not to yield
esther 20 the Virginia or Federal
warning the following notice,
scrtbbled in pencil on a sheet Of
coarSo brown wrapping paper,
was posted on n tree, a mile from
HiIlsvflle, on the public road:
ITO those who has made it their a
business to concern:
I'VE have plenty Of arms and
bubets. We know how 20 Use
them. These hills is an I'M
sis Ms 10 the end may bs but we
VIII git you first" II
Whatever may DC Ene success OF
the arres, CI the xnugitives charged
with cOinpu,.,y in @he HilIsville shoot
ing OF last 4HursSAy. there can be no
1ouct ths' ne ~ lal OF the men tinal-
law wlI be ne of the most sensa-
tional in nShistory of the Common
Aside oh the interest attaching
10 the stM2cious crime OF the accused.
many 49, legal points will arise. and
as "a Rpfisoners, in all likelihood, will
Pr261te good lawyers, q tremendous
c9Etest may be expected.
-rfAp1t is conceded on all sides that the
accused will have the right to elect
TO be tried separately. and a decision
OF the Virginia Supreme Court in the
Lunenburg case of Pokey Barnes (92d
Va SO3) apparently allows the same
right to the Commonwealth under
section 1929 of the Code. 1t would
seem. therefore, that the prisoners
called to the bar OF justice are al
most certain TO be tried separately
To prosecute them jointly would, in
deed. be a clumsy business.
Whether they will be tried at Hills
vile by Carroll county jury remains
to be seen. The information on this
point is not clear. So far as a change
likely that the Aliens would want it.
They probably know that they have
more friends in their own county than
anywhere else in the State.
But should they prefer a trial else
where they could get it under section
4036 OF the Code, provided they could
show that their safety might be en-
dangered by appearing in the Hills
Vile court The Commemorative At
torney may also ask a change of
venue IL he sees fit so to do, while
the court may even order it of its
own motion.
If the Aliens and their l1insmen are
tried in Carroll the court will first
haze TO summon its venires from that
Section. unless it can set forth good
reasons for believing that the jury
cannot be procured there. In the
Floyd county case of Richards VS.. the
Commonwealth. which was decided
January 16, 1906, and reported in
10Th Va. the accused murderer got
reversal because the lower court
summoned the venire from a county
other than that in which the crime
was committed. This the court had
q right To do when jury was not
procurable in the county in which the
crime was committed, but il should
have clearly set forth the fact and
the reasons therefor in the records.
~ Can the State Convict?
But after all the questions concern
Ing VenIres, Juries and changes OF
venue are not so important in the
Carroll county cases as is the Ques-
ton whether or not the Common
wealth has the evidence to convict.
All the world knows that three men
were shot dead and several others
badly wounded by the outlaws But
up to this time there are conflicting
reports as to whether any one &C
cused is known TO have killed a par
ticular man.
Judge Massie. il is reported on SEEM
ingly reliable Information. made an
ante norton statement in which he
declared that Sidna Massie was un-
doubtedly the man who shot him. This
dying declaration may seal the doom
OF the fugacious Sidna. though even
the Judge statement would be subject
to such rebuttal evidence as Sidna AL
lens attorneys might offer. And more
over. each of the accused will have the
right to testify in his own behalf.
Naturally. in such a crowded room,
where the bullets came so thick and
fast, confusion must have become
worse COMPOUNDED with every passing
second. and if any took careful note
OF what any particular individual was
doing. they must have been cool-head-
ed indeed.
Three % those who might have told
much had their lips sealed by death
though. as has been stated, Judge Mas
sizes dying declaration ought to count
for much.
And it would seem. too. that the evil
dence of Clerk Dexter Goad. who sur
vtved his wound as did others who
were hurt, ought to carry great weight
But here. too. there arises the ques-
ton- Would the average man. at such |
q time. observe things in such a way
as 20 create impressions afterwards
reoucable to definite evidence?
The chances are that there will be |
1nuch conflict OF testimony.
Are Ruined Men Anyhow.
But those who have reflected upon {!
AL this. nevertheless hold to the opin- |
aon that several OF the accused will be |
convicted and sent to the chair. In
4eed. II Is believed that the Allen clan
IN perDetrating the outrage 1t did.
tt1 members but all hope 70 any fur
9ner power or influence In the county.
AZ any OK the accused escape the |
ctutcnes or the law. 1t is safe to say
that they will bear themselves cfrcum-
specify hereafter.
According to the present program |
81 the coming inQuisition, Judge |
staples VIII preside at the trial, while |
be has designated Mr.. LaRdreth, a Re- |
DuDiiean. 10 act as Commemorative |
attorney. Mr.. Landreth will have as |
his assistants J. c. Wysor. of Pulaski; /
John 8 Draper. OF the same town, and |
Walter s. Poage, OF Wytheville |
MessrB- Wysor and Draper are Demo- |
Gratis, while Mr.. Poage is prominent in |
Republican circles. Thus the two lead
Ing parties of Virginia will be equally
represented in the prosecution.
A Fighting Man.
Mr.. Wysor is an aggressive lawyer
OF tremendous ability, who is widely
known throughout the State. He
served as a member of the last Consti-