The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-27
FIGHT FOR CLAUDE
Will BEGIN TO-DAY
Attorneys Hope to Break
Down States Strong
Case.
TO DENY CHARGE
OF CONSPIRACY
Defense Will Seek to Prove That
Young Allen Fired First Shot
at Dexter Goad Only When
Latter Was Trying to
Shoot Old Man
Floyd.
Especial From stan Correspondence

Wythev!ile. Va. May 26.-Flowers,
fruit and cigars were sent to the Al
lens and their clansmcn In rail here
today by II few Wytheviiie people who
took pity on the plight or the prison
ers. and who used this mea ms {" cheer
their Sunday behind steel bars.
Floyd Allen. TO whom the suspend ed
sentence Of death seems TO he losing
some OF its terrible import, ate hearth
ly Of number of delicacles that war
synt him and seemed 10 enjoy candy
and a smoke after dinner. Tho others
were equally pleased at this SHOW of
attention by their benefactors.
Sunday for the jury was almost as
quiet as for the prisoners. though not
tempered with the same restraining
influences. Sheriff Tom Davidson and
A!s deputies took the twelve men OF
Wythe' to the Methodist Church hare
this morning. where they heard dis
course by the Rev. Nh Carrico. who
has been a frequent attendant at bota
Allen trials here.
Begin Fight To-Day.
Tomorrow Claude Aliens attorneys
will begin fight TO save the twenty
two-year-old Carroll mountainer from
the death chair whittier the Common
wealth would have him sent for the
murder OF Judge Thornton L. Massie
In the Hillsville courthouse tragedy
OF March II. The fight, viewed in the
light Of the case presented against the
defendant by the Commonwealth.
would appear to be nearly hopeless.
but Claude's attorneys are not the
kind who give UP without cXerting
client just as they did for old man
Floyd, father OF the present defen
dant.
Just how the defendant will set
about the effort to demolish the Com
lnonwealth's case Is known, perhaps.
only to the prisoners lawyers. But II
! is conceded that their only hone must
lie In their ability to arouse in the
jurors minds a reasonable doubt" as
TO Claude Aliens knowledge of. or
participation In, a conspiracy even
though the defense may not he able
to disabuse tho jurors of the belief
that Floyd Allen had murder in his
!, heart when he went into the court
room the morning of March II.
Theory of Defense.
Tho defense, II would appear on the
eve or the start of Its case, will seek
TO show that the Commonwealth has
not successfully implica ted Claude
Allen in conspiracy, II such con-
spiracy to destroy the Carroll Court
existed Tire defense will try TO make
the jury believe that Claude Allen
fired trat first shot intending to hit
Clerk Dexter Goad. because he saw
Goad trying to shoot FLOYD. his father.
Then. too. the defense will produce
numerous witnesses who Will testify
as To the previous good character and
reputation of Claude and Victor Allen
and others Of the young prisoners. be-
ing careful, however. as in the case
of Floyd Allen. to avoid any refer
cnce To the reputation and character
OF Floyd Sdna or the elder MEM
hers of the clan against whom the
Commonwealth might be able to pro-
duce damaging evidence of this sort.
But the strongest links on the Com
monwealth's chain of circumstantial
and direct evidence against Claude
Allen. Judge b. W. Bolcn's statement
that he saw Claude fire what has been
proven to have been the fatal bullet
into Judge Massie's body, and John
Dalton's assertion that he saw Wesley
Edwards distribute cartridges 20 the
Aliens before court the DAY of the
shooting. may be too strong indeed
for all the legal strategy and native
astuteness OF tho defendants lawyers
to rend asundcr.
Dispute Stntc's Evidence.
However. tonight. Attorney Willis.
OF defenso's counsel. sad he intended
to put on witnesses who would testify
courtroom separately the morning Of
the shooting and not III crowd. as
Dalton testified. other witnesses
would be put on the sland, Mr. Willis
said. who would dispute. by their tcs-
timony, the statement by Judge Bolen
that Cloude fired the inst shot. Sidna
Allen said Mr.. willis. will be shown
to have fired the first shot that fate
full morning.
The chief counsel for the defense
would not state tonight whether or
not Claude. the defendant would take
the stand in his own behalf. Neither
would he say whether Floyd Allen
" onld again he called TO testify. Flu
turc developments in the case. Mr.
Willis explained, would determine
these matters.