The Washington times., 1912-05-02
Of ALIENS,
WOUNDED, BUT STILL
DEFIANT, IN COURT
Chief of Virginian Outlaws
Taken Before Jury In
Invalid's Chair.

WYTHENILLE.. Va. May Floyd
almost annihilated a Virginia court OF
justice, is again today battling for his
life. Not with bullets and steel. ard
the brute force which characterized his
former attempt, but this time by the
legal route which the Virginia code had
laid out for such cases.
Taken to court guarded by detectives
and police. the mountaineer was
brought to a full realization OF his pos.-
ton. An automobile was used in trans
porting him from his cell in the Wythe
county Jail to the courthouse. He was
placed in chair. and three stalwart
detectives carried him before the court.
Indictment Read.
Some minutes before this the jurors
had taken their seats. They are all
alert, ruddy young men, and all. save
two, are clean shaven. With the ar
rival of the attorneys, the clerk read
the indictment, charging Allen with the
murder of Commemorative Attorney
William NJ. Foster. This paper, in seS-
eral counts, set forth in detail the Hillsi
vile affair, and alleged that the pris-
oner entered into a "conspiracy, con-
federation ,and agreement" with the
other accused. to kill the court officials.
After the indictment had been read,
the clerk explained to the jury the
various punishments that might be
meted out in accordance with the diff
ferent degrees Of the crime of which
the accused might be found guilty.
A first degree verdict means death,
he said, a second degree verdict, from
f1ve to eighteen years; voluntary man
Io Noh frnTft " In
voluntary manslaughter. a fine and
Jail sentence. Joseph c. Wysor began
the opening statement for the prose-
cution- He characterized the Allen
gang as ruffns, outlaws, and cold
blooded assassins. He referred to the
fact that the HillsviTle murders were
the result OF consummated Conspir-
acy.
Charges Exaggerated.
"lt is the proof measures up to
what / have stated said Mr.. Wysor,
"it will mean that the prisoner COM
mitted eleven felonies at one time.
He murdered five and attempted to
murder six others, because If there
was a conspiracy he is guilty OF all"
Attorney r. II. Willis opened for
the defense, and declared that all
| the accused had been victims of eX-
aggeration. Referring to the events
I
| lis said that Floyd Allen did not have
a gun on the inside Of his sweater,
as has been alleged. He drew his gun
from his hip pocket, he continued,
and said the evidence will show that
| Allen did not draw the pistol until
| he had been shot at first
Judge D. w Bolen, of Hillsville, was
| called to the witness stand at the con.
| cusion OF Mr.. Willis speech to the jury
| He was in the Hillsville court house al
| the time of the tragedy, and was F'loyC
Aliens counsel. He declared that Claude
| Allen fired the first shot.
| Il saw him raise his pistol and fire,
he continued. The pistol ranged to
ward Judge Massie. The second sho
| came from the same direction. / do no
know who f1red It,"
! He said that Sidna Allen. Victor, and
| Floyd Allen then opened a rapid fire
| which was returned by the officers. He
| said that when Judge Massie ordered
| the sheriff to take the prisoners ava!
Floyd Allen said; II Just tell you
amt goin' to 60" and the shooting
started Immediately. Under cross-ex
animation, the witness said that wheI
| Sheriff Webb advanced toward FloJ(
| Allen to take charge of him. botl
| hands OF the sheriff were advanced
| and he made no movement toward Sc
| curing a weapon.
| He said he had advised Allen to TAX
| his punishment at the original trial
and that he had agreed.