The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-18
FLOYD ALLEN IS
FOUND GUILTY
CONTINUED from First Pago.)

NSoA0huco iEOIn plEbL FdSo.1
be encountered in occurring q Jury.
Very many people have been in town
during tho trial, and have heard
parts of the evidence and discussed
tho situation. Newspapers have given
the testimony in large detail. Ex-
pressions Of opinion as to tho guilt
or Innocence of the accused will be
found to be frequent. especially In the
case of Claude Allen, in view of the
positive and unchallenged declaration
of Judge d. w. Bolen that he saw
Clauts fire the shot which killed
Judge Thornton L. Massie.
The Commonwealth declined the
proposition OF the defense to unite
the trials of Victor and Claude Allen.
and to try them Jointly When ar
raigned at hillsviile, the prisoners
elected to be tried separately, and
cannot again elect without consent OF
the other side. The State also chose
! to-day to try Claude on Indictment
number one. which charges all the
prisoners. and the two fugitives with
the murder OF Thornton l.. Massie,
and with conspiring alse to murder
| William NJ Foster. Lewis A Webb
and Dexter Goad.
Witnesses Summoned.
The witnesses for the Common
wealth In the Claude Allen case have
| been summoned for next Tuesday.
and those for the defense are to ap-
pear the following Monday.
Not until after the verdict In the
Floyd Allen trial was rendered would
| the Commonwealth elect as to the sub
| ject OF the next case. Had any other
| result than a Judgment of murder in
the first degree been obtained, Floyd
would have bean put on trial again
next Monday on one of the remaining
| four indictments pending against him.
He would not have been permitted to
escape until every engins of the LAM
! had been used against him.
Lawyers In tho courtroom showed
the greatest interest in the judges
| charge to tho Jury and examined it.
wording with care. AS soon as the
jury had retired to its room. Attorney
Willis arose and excepted to It, asking
that It be made a part OF tho record.
| which was done.
1t was twelve minutes past 10 o'clock
when there was a knock on the door
of the jury room. The jurors filed IN,
and 1t seemed there We're signs of emo
ton on some faces. They were closely
watched by the prisoner. who had been
| more ckeerful than usual. evidently IN
tho hope of a mistrial.
| Gentlemen. have you agreed upon a
verdict?" asked Judge Staples.
Il am glad to say that W. have" re-
spondcd Foreman Frank T. Nelms. lie
handed II to Clerk Tate. who read,
distinctly but dispassionately: I'VE, the
jury, find the prisoner, Floyd Allen,
| guilty as charged in the indictment"
| There was little change III the face
OF the prisoner and but momentary
shadow passed over it, He kept his
eyes on the floor during the remainder
of the proceedings Mr.. Willis wha-
pered few words TO him. evidently
| admon!shing him not TO lose hope, but
to depend upon an appeal.
J The verdict was incorrectly worded.
tnasmuch as the degree of guilt Was
| not stated. Judge Staples wrote il IN
corrected form and sent the jury back
to its room. They Immediately agreed
| to the amended verdict. AT the request
of Mr. Willis, Judge Staples called
the names separately, asking: Mr.
i-------. do you agree to this rerdict?"
| All answered in the Affirmative to
the effect that they Joined III finding
| Floyd Allen guilty of murder in the
first degree. Every one watched w. T
Williams. who was believed 20 hav,
been the dissenting member. and he
| answered as did the others.
with few words OF thanks Judge
Staples dismissed the jurors, advising
them they would not be required to do
jury uuty again within two years.
Verdict Justified.
Mr.. Willis made the customary mo-
ton to set aside the verdict and grant
new trial. asking for delay until h,
could examine the records. \ further
! reason was that he desired Floyd Allen
| TO be witness In the remaining cases.
and IL judgment was passed upon him
he would be prejudiced. Judge Staples
agreed with this latter view and said
he would postpone the sentence until
later on. But on the motion TO set the
verdict aside he speedily showed there
was no hope from him. He did not
| believe improper evidence had been in
troduced or that there was error i,
the instructions. AS to the contcn-
| ton that the verdict was contrary To
! the evidence, he said frankly and nos
lively it was fully Justified.
! Court was then adjourned to to-mor-
row morning. but there Will be no pro-
ceedings. so far as is known at pres
ent.
| 1t is learned that the jury stood