The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-06
MANY EXCEPTIONS
IN ALLEN CASES
Defense Sets Forth Reason fol
Asking New Trial for
Claude.
CLAIM TWICE IN JEOPARDY
Instructions of Trial Court Oh
jected To and Evidence
Discussed.

! Thirty-elght bills OF exceptions are
filed with the petition for an appeal
in the case Of Claude Swanson Allen.
now in the hands Of Judge John A
Buchanan. Of the Supreme Court OF
Appeals. These exceptions set forth
for new trial for the prisoner. who
is under sentence OF death in the cleo
trio chair on November 2: for the muir
liam NJ Foster In the Carroll court
house tragedy OF March IL OF this
year.
one. regarded a. the most important.
would make the plea that Claude AL
len was twice put In jeopardy for the
same onfense. He was first tried for
killing Judge Thornton l. Massie. ana
given fifteen years in the penitentiary.
II 10 argued that the jury in this case
found the prisoner not guilty Of con-
spiracy. since had the theory that
Claude conspired been believed. no ver-
dict would have been possible save one
OF murder In the fret degree. with
death ~ punishment SO. when Claude
was tried for killing Mr.. Foster. the
claim II, he was put in jeopardy the
second thine for conspiracy. since 1t
was not shown that he shot at Eos.
ter.
Tried Separately.
Another exception 10 concerned with
the action Of the trial court In refusing
the motion Of the defense that the
Commonwealth be required to consoii-
date all five Of the indictments against
Claude Allen and try him on all at
80 NP
courts decision was that the prisoner
could be tried over and over again.
Another excerpts to the action OF the
court in admitting to the jury men
who had expressed opinions regarding
the guilt or innocence Of the accused.
but who said they could divest their
minds OF impressions and give tho 40
cused = fair trial
Exception Is taken to the Judgment
OF the trial court In instructing the
Jury that II Floyd Allen refused to
obeg the court, the officers had right
to shoot him. and he had no right OF
self-defense. and Claude Allen had no
right to assist him. Tho defense also
contends that the court should have
granted instead Of refused certain in
structions asked for by II, to the eject
that II Dexter Goad apprehended
trouble, he should have sworn out .
peace warrant and that It was not
the proper course for him to come into
the court room armed with two pis-
tolls.
Dying Stot01nent0.
Objection In made to the evidence
Of n. C. Gilmer in repeating Judge
Massie's dying statements regarding
his having done his duty. and his last
MESSAGE to his loved ones at home.
II in claimed this inhamed the minds
Of the jurymen.
Legally, the delicate point comes n
thu exceptions which protest against
the admission Of evidence Of threats
said to have been made by Floyd AL
len against tho court some months
before the shooting. when Claude Al
len was in the State, the court having
held that these. threats were proper
in showing tho motives OF Floyd Al
len. The defense says that Claude
should have been tried upon his own
motives Judge Staples. who PRESIDED
At the trial, has already discussed his
ruling In this respect in law jour-
nal
Points are made regarding the al
mission Of other evidence, and the OK
clusion Of testimony offered by the
defense. Lastly, It Is said, there IL
certain after discovered evidence
proving that men who testined ABOUT
conversation with Dexter Goad were