The Hartford republican. (Hartford, Ky.) 18??-1926, 1914-11-20
COURT RECORD
WILSON CASE
Interesting Dialogue Be-
tween Court andDefend ant
Gained No Power to Over Rul
Motion tt Dismiss A
Pro ecution.

Greensboro Messenger at the time
the Bradley Wilson case was dismiss
ed on motion of the Commemorative
Attorney:
Judge Birkhead-Would you be
willing to withdraw your affidavit
filed here upon the filing of a state
.ent aismissing the prosecution.
Wilgou--No, sir?
Court-Perhaps you do not under
stand the situation. The common
wealth attorney is proposing to dis
miss TIE prosecution and take it off
the docket. The question addressed
to you is if you would not like to
withdraw your affidavit filed with
the clerk?
Wilson-Your honor, have no
desire. ersonally-speaking for my
self have no desire to withdraw
this case. nor to dismiss it.
Court-It is a matter that the law
imposes in the commonwealth attor-
ner, 10 dismiss this prosecution.
Wilson-Then, that is all right for
him. l thought you asked me if l
cared to do it.
Court asked you if you are
willing-if the commonwealth attor-
ney dismisses the prosecution, you
will withdraw your affidavit?
wilson, do not know what the
commonwealth attorney has done.
hadn't heard him do anything.
Court-He has moved to dismiss
the prosecution. and is moving to
dismiss it. an asking if you want
10 withdraw your affidavit and take
1T ont of the record.
Wnson-No sir, I do not care to
withdraw the affidavit.
Gourt-The thing l am addressing
to you, personally, is not in your
mind thoroughly. IN that affidavit
you made some reflection on the
commonwealth attorney and the
grand jury and the judge OF the
couTt. And you have the power. ii
you want to. to withdraw that aft
davit and take it out OF the record.
WiIson--You know, | would rath-
er, Your Honor, that you pass on this
case-on the motion of the com
mcnwealth attorney.
No Power to Decline.
Coart-That is pending now. and
the court has no power to decline TO
sustain his motions and the court has
TO dismiss it, and the court has to
Sustain his notion; and | am asking
yon whether you want to withdraw
your affidavit and take it out of the
record?
Wilson-No, do not care to with
draw it. Just let it stay there.
Court want to suggest to you:
In 10Y opinion, you are bordering on
the eve of contempt of court. Per-
haps you do not intend it, and for
that purpose l am giving you an cp-
portunity to withdraw your affidavit
wilson, appreciate that very
much; and il I am in contempt of
court, have no desire to be in con-
tempt of court, but have no desire
10 withdraw that affidavit
Court-Then, do you desire to
apologize TO the court for any con-
tempt?
wilson, say I had no intention
OF contempt OF court, whatever.
Coart-Then, TO that extent you
wish 20 withdraw your presumption
as rejecting on the court?
Wilson-There was no purpose of
contempt there, and no intention of
contempt. 1t was an affidavit /
made setting forth my reasons.
c0urt-NOw that it is not going
Tor trial, do you say to the court that
you had no purpose of rejecting on
the court?
Wilson-As contempt: but do
not want to withdrew any of the
facts in thet affidavit. To be plain:
win you allow me a word or two? II
You will give me time will make it
more explicit.
Court-The judge OF the court en-
tertains no unkind feelings, but he
does not like for you to reflect on
him, or his good grand jury, or the
commonwealth attorney.
Defending Himself.
Wilsoa-Nou know | was defend
ing myself, Judge.
Court repeat again. You have
the right to say, in view of the
course the commonwealth attorney
has elected,-to dismiss the prosecu-
tion-that you can withdraw from
the record, if you want to, your af-
hdayit,
wilson, appreciate your offer
very much, and as far as you are
personally concerned. and as far "a