The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-13
They Will Speak Just
as Long. as They
Wish.
ARGUMENT MAY
BE VERY BRIEF
Believed Now That Case Of
Floyd Allen Will Be in Hands
of Jurors Tomorrow After
noon or Wednesday Morn
ing-Tentative Arrange
ment Is Completed.
ny ALEXANDER FORWARD.


| Wythevllle. Va. May l2.-No tina
limit has been set by Judge Waller r.
staples on the speeches of the attor-
neys in the case of Floyd Allen. on
rial for the murder of w. NJ. Foster,
late commemorative attorney of Car
roll county.
Time limit. juno l." said judgs
Staples today. smilingly. suppose
Judge Hairston Will be speaking when
| that date comes. so as to shut out Mr..
Wysor."
Unless some agreement is entered
INTO tomorrow morning nine lawyers
VII speak just as long as they please
All OF them say they have but little
in mind. and that their remarks Will
&c limited. 1t seems probable that tho
rate OF Floyd Allen will be in the
hands of the jury by Tuesday after
noon or Wednesday morning.
Tentative Arrangement.
y tentative arrangement of speak
ers was made to-day. Waller Staples
Poage will open for the Common
wealth. asking that the life of TIL,
prisoiIer be male to pay the penalty
| for the crime with which he is
charSed According to present plans,
c. Francis Cook Will make the OPEN
ing speech for the defense, succeed
ing Mr.. Poage. Stuart 8. CampbeIl,
Commonwealth's attorney of Wythe
county Will come next. TO be succeeded
FOR the defense hy Judge N p. Ocles
by. of Bristol. The next speech for
the prosecution will be by s. Floyd
LandrAth, Commemorative attorney OF
Carroll. r. II, Willis will speak for
the defense; then John s. Draper for
the prosecution. The closing speech
| In behalf OF the prisoner will be de-
livered by Judge n. II. Hairston. while
the hnai appeal for the State will be
by Juseph c. Wysor
There hA
before Judge Staples hands down his
instructions TO the Jury. The prose-
cut'on has a few more to propose The
Judge has made no announcement
concerning any of than. but his attl-
tude toward most of those submitted
may be inferred from his remarks dur
Ing the argument on Saturday after
noon and night. It seems prASabl,
mat he will grant about half of tho
thirty instructions asked for by the
defense. although others may be ap-
proved in modified form Some of the
fifteen first proposed by tn. Common.
wealth VIII be omitted, while the blue
pencil has been put through nearly
all OF them, even II only in modifica-
tion of language.
Some instructions were agreed to by
both sides, these being in rho main
those Of the prosecution detailing RI,
law In murder and conspiracy cases
Sundry of the defense's instructions
are based upon suppos,t;ons which ara
conveyed in the evidence of one or
two parties For instance the ccurt
insrructs the jurors that If they bel'eve
from the evidence that FLOYD Allen
intended TO submit to the sentence OF
the court, and would have done so but
for the display of arms made by officers
in an unnecessary and unauthorized
manner and that he did not ire save
in self-defense. then he cannot bo
held guilty of murder in the trst de-
gree The application of such an IN
struction would depend upon the jury's
belief in the evidence of the prisoner.
rather than n the testimony of many
other witnesses. This point naturally
will be emphasized by the prosecution
Prisoners Are Well.
Those of the prisoners who have been
suffering with colds are better to-day.
Sidna Edwards. who has had rheuma-
tism in The eyes. is much relieved.
The Allen boys have discussed their
appearances on the witness stand but
little in the presence of the guards.
Floyd Allen is fairly cneerrul. and all
OF them eat Well. Mrs. Floyd Allen
attended services this morning at st.
Johns Episcopal Church. sitting, as
She does in court, with bowed head
most pathetic inquire, neatly attired in
the inevitable black of the Blue Ridge
Mountains, with black SILK sunbonnet.
not at all unattractive in it's makeup.
She wore the white flower OF 'Mothers'
Day"
Judge Staples attended the same
church. SO did Judge Hammond. OF the
Supreme Court of Massa chusetts. who.
side by side with Judge Staples, ear
nestly watched the progress of the
trial Judge Hammond's son and Com
monwealth's Attorney Floyd lambeth.
of Carroll. sat with him.
The jury practiced the virtue OF
cleanliness and took baths and shaves
with remarkable energy. Later this
seemed to strengthen the hymns which
the men are 50 fond OF singing.