The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-11-28


have been represented NJ such ar
gumentS and tile te( hniCal points
involved would have further been
presented through briefs. But the
appellate tribunal, I'm its final de-
Sision, might have sustained the
lower court.
Today's action of the Supreme
Court means that all the rulings
and decisions of Judge Waller *.
Staples, who presided at the trials
OF the two men at WythevilIe, are
upheld, and that no error has
been found I'm any of his work.
IL means, too, that the appellate
court thinks Floyd and Claude
Allen got fun Justice In every
sense OF the word.
Although the gray-haired father
and his Stalwart SON were both
sentenced TO die on the same day,
their CaSes, from a legal stand
point, are not the same, nor were
they co-detendants at WythevilIe.
Each mans case was tried sepa-
rately and the grounds OF sup
posed error assigned by their
counsel differ materially.
TRIAL OF EIsORD.
Floyd Allen, the father, whose
act i'm resCuing his nephews from
the custody OF a sheriff was the
germ of all the trouble, first had
his inning at the bar of justice.
Though badly MANNED by two
bullet wounds and otherwise in
BAD shape, from the HillsviIIe
melee, he was brought into
Wytheyille Circuit Court Friday
April 3Oth, for trial.
Indictments charged him with
the murder of each of the five
persons who lost their lives in
the courtroom shooting, but he
was first tried on the charge of
shooting COmmonwealth's Attor-
ney William III. Foster.
On May 18th the jury, after
having spent many hours I'm de-
Liberation and after having re-
cefVed n second or supplement
tary charge from Judge Staples,
brought I'm verdict of guilty of
murder In the first degree. SEN
tence was suspended for some
weeks i'm order that Floyd might
TESTIFY I'm the cases 10 follow.
Claude Allen was next TO be
tried He was brought TO the
bar May goth to answer the
charge of killing Judge Thornton
l.. massse, although four other
indictments charged him with
the murder of others who had
died as a result OF the shooting.
The jury, on June Ist, brought in
a verdict of second degree muir
der and prescribed fifteen years
In the penitentiary as his punish
ment
This verdict created intense
dissatisfaction in certain quar-
ters-espeCially among the law
yers for the proSecution-and
they forthwith announced that IL
was not their purpose 80 let the
young man Oft 80 easily.
And 80, on July Sd, he was
again brought into court TO an
swer an indictment charging him
with the murder of Common
weaIth's Attorney Foster. for
whose murder his father mad
previously been convicted.
The jury I'm this case found it
self unable to agree, and on July
18th IL was discharged.
Still feeling that the accused
was escaping too easily, the pros
ccution launched "a third trial,
which once more sought TO con-
vict the young man of the muir
der of Commonwealth Attorney
Foster. This inquisition began
July 10Th, and as n result of it
the commonwealth got what ft
in the first degree. That, OF
course, meant death for Claude.
OTHER TRIALS.
n little later-that Is. In the
early part OF August-Friel Allen
and Sidna Edwards, first cousins
OF Claude and neplleWs of FLOYD,
wcrc given, respectively. eighteen
and fifteen years I'm the State
prison. Victor Allen. another
son of Floyd, was acquitted Sep
tcmbcr 18th.
Another man suspected OF COM
plicitY I'm the shooting, Bird
Marion, was discharged without
trial, as there was little or no evil
dence of guilt on his part.
Meanwhile detectives and others
were searching the country for
Sidna Allen. brother OF Floyd
Allen, and Wesley Edwards, n
nephew OF the condemned man,
who escaped after the tragedy.
For months these fugitives
eluded the sleuths. but they were
captured at Des MoInes, Iowa, on
the afternoon of Saturday, Sep
TENDER 18th, and forthwith
brought back TO Virginia.
On September 23d they were
arraigned at HIllSville. Sidna
AlichS lElhi IL now III progress,
and a verdict Is expected by the
end of this week. Wesley Ed
wards will then have his turn.
In view of all that has happen
ed, there Is little reason to be-
lieve that either will receive
lighter punishment than Floyd
and Claude Allen.
BROUGHT OCT. 18th.
The two condemned men who
now stand In the shadow of the
electric chair were brought to
Richmond from Roanoke on the
night of Friday, October 25th, and
the next morning they were
placed in the death chamber of
the penitentiary.
There they have been ever
since-compIetely shut of from
the world and seeing but few peo-
pie save their guards and their
spiritual advisers, the Rev. DIR.
George w. Mcdaniel and the Rev.
}. j. Scherer, Jr.