The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-29
Claude Swanson Allen
to Be Called as Last
Witness.
CASE MAY GO TO
JURY SATURDAY
Floyd and Victor, Father and
Brother of Prisoner, Testify in
Effort to Save Him From
Death-Massie's Dying
Words Quoted to Elk
onerate Him.

! tspecial From a Stan Correspond ent.
Wy,heville Va. May as.-Fa,her and
brother testified to day in the case OF
Claude swanson Allen who is on tria!
for his life. charged with the murder
OF Judge Thornton L. Massie in the
Hillsvilic courthouse horror on March
"a, and with whom they are Jointly in
dicted for the same and four other
murders in that tragedy.
Floyd Allen, father OF Claude and
Victor Allen. and leader Of the clan
that shot UP the Carroll County Court
was on the stand for an hour this
morning. and an hour and twenty five
minutes this afternoon. When he had
concluded. Victor. elder OF tho two
sons. was put on the witness stand
and when he finished at $50 o'clock.
court was adjourned until Tomorrow,
the defense having no more witnesses
to put on then.
Tho defense intends TO put Claude.
the defendant, on the stand Tomorrow,
as the last witness for the side y
, couple more witnesses are expected
tonight from Carroll county. and when
they are disposed of tomorrow. which
probably will De within the hrst hour
or two. Claude will then be given his
chance TO explain his conduct and
! participation in the IIillsville shooting.
Mrs. Floyd Allen. mother or Claude
and Victor and Jasper C'Jack'o Allen.
brother of FLOYD. came to Wytheville
to- night 10 remain untl the end of
claudes trial.
BInmcd for shooting.
The salient feature OF this morning s
testimony for the defense was the fact
that two witnesses tesiiiIed TO having
heard Judge Mass!e. in his dying mo-
ments. declare. "Sidna Allen shot me-.
These two witnesses were DR.. c. b.
Nuckles, coroner Of Carroll county.
who attended tho DYING Judge. and old
Daniel Thomas who had been with the
Judge just before nc passed away.
BY tho intersection Of testimony it
was apparent that the cercndnnts at
torneys intended to make this a sa-
lent point Of defense for their clien,.
II Judge Massie's dying word accurate
Is placed the blame for his death. as
the dcfene Will argue, then Claude AL
chair may be materially increased.
But the Commonwealth. to refute
this. will contend that Claude Allen
actually fired the first shot. :he shot
which proved to he the fatal one to
Judge Massie but that the wounded
Judge turned 10 the northeast corner
of the courtroom Just in time to see
Sidna Allen fire the second shot in his
d!reEtion Therefore. the Common
wealth claims. the Judge thought that
Sidna Allen and not Claude fired the
first bullet that felled him from his
chair stricken unto DEAN.
othcr witnesses to-day for the de-
Tense were Emmett Bolen. adopted son
Of Judge d. w. Bolen. ~ y. Cochran.
r. q. Wiikeson. Noah Rigney. Jno. w.
Furris and Tom Hall. Keeper of the
hotel where Floyd Alien was taken
| wounded, from tho stable after shoot
ing Little OF the testimony of these
| witnesses seemed to have more than
ordinary bearing on the case.
Evidence In by Tonight.
If the defense should conclude its
evidence some time tomorrow after
noon. the Commonwealth may produce
some rebuttal testimony. though the
States attorneys had not decided upon
anything definite in this connection
tonight. They prefer TO see the entire
hand of the defense before announcing
a decision.
However. IT is reasonably certain
that all evidence will be- in by to-mor-
row night. Thursday morning will then
be devoted TO arguing instructions. and
Judge staples may deliver them to the
jury Thursday afternoon. Then will
come the speeches by both sides. which
may consume the rest OF Thursday, all
OF Friday and perhaps part of Satur-
day.
F, AS matters now stand. verdict ma Y
be expected about Saturday afternoon
or night. unless unforeseen develop
mcnts occur.
Floyd on stand.
Hobbling on a crutch. Floyd Allen
came TO the courtroom at noon to-day
and for forty minutes was led carefully
| through question after question by AT.
Of the tragedy. AS was the case when
lie himself was tried for his life, FLOYD
denied everything that the Common
wealth had sought to prove against his
| son or against any of the band OF
| mountain men who are held as alleged
| assassins OF nearly an entire county
| court
If Floyd is to be implicitly believed
, he made no threats against any of the
court officers of Carroll county. he did
! not tumble in his coat or sweater for
! pistol when he arose and exclaimed
| Gentlemen, I'm not a-soing". he did
not intend to resist Sheriff Webb. but
| merely meant that he would not &c
| with Clerk Dexter Goad. whep Judge
Massie told the sheriff to take charge
| of the prisoner. All these assertions
| by Floyd were directly opposed no,
! only to the theory OF the Common
wealth, but in great measure tc
actual evidence adduced during the
/ trial.
Floyd declared that he was anpercd
when the saw Deck" Goad lingering a
pistol in his pocket as Judge Massie
! told Sheriff Webb to take the prisoner
| and the convicted murderer of Com.
| monwealth attorney w. NJ. Foster laid
| entire blame for the start of any trou-
F., BILE that day upon tho shoulders OF
Goad. Floyd admitted that he and
Goad had not been on friendly terms
stating that he had heard Goad wanted
Floyd to work for his election IL he
(Goad) would get a jury that would
| Continued. on Ninth. PaReN