Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1912-05-02

JUDGES CHARGE TO THE JURY.
Nine Farmers and Three Country
Merchants to Decide Case-Jury
Satisfactory to Both Sides.

Wytheville, Va, May with the
jury complete, the Commonwealth OF
Virginia today begins its fight to ex-
act the death chair penalty of Floyd
Allen for his part in the murders in
Judge Massie's court room at Hills
vile.
Trial Judge Staples set an example
in expedition by conhning his state
ment to the jury to a concise recital
of the law and the possible verdicts,
consuming only few minutes. Spe-
cal Prosecutor Landreth followed.
The jury is satisfactory to both
sides. 1t is composed Of nine farmers
and three country merchants.
Floyd Allen was carried into court
as usual, but he appeared greatly de-
pressed and nervous over the begin
ming of his fight for life. Judge Sta
Piles had the long indictment against
the prisoner read in full, and Allen
listened attentively to the charge Of
conspiracy, confederation and agree
ment to kill" outlined in the verbose
pharSeology of the law.
Judge Staples intimated today that
he would call court throughout the
trial not later than $3.50 a. M, and
continue the sessions until five or six
o'clock.
The Commonwealth of Virginia's
demand that Floyd Allen shall pay
forfeit with his life for participation
in the Hillsville murders vas dramat-
ically demanded ut the opening of the
outlaws trial by Special Prosecutor
J. c. Wysor.
The prisoner literally writhed under
the lawyers bitter anathema. So
vitrnlc was the prosecutors state
ment that Attorney Willis, of counsel
for Allen, engaged in controversy
with WISER that terminated with the
Commonwealth Attorneys retort:
"If you continue to make improper
remarks, and the court does not stop
YOU, then something else will
1--WE have solemnly resolved and
firmly determined that the cruel
death at the hands of ruffians of wor-
thy officers of the law, while in the
faithful discharge of their official du-
ties, shall be avenged" Wysor de-
clared. IF the proof measures up
to what | have stated-and the proof
Wilt will mean that this prison
er committed eleven felones at one
time. He murdered five and attempt
ed to murder six others, because If
there was conspiracy he is guilty
of all who died as a result of that
plot
Wysor asserted that the Common
wealth expected to prove that after
the slaughter in Judge Massie's court
room. one of the outlaws was over
heard to say, while waiting in front
of the courthouse: Lets kill every
one of them"
Following Special Prosecutor Wy
sors denunciation of the prisoner, At
torney Willis, Floyd Aliens counsel,
outlined the defense.
"They say these men were guilty
of conspiracy" he declared, land yet,
they didn't have round of cartrldg-
es to reload their guns. We intend
to show that preparations had been
made for the Aliens reception in the
courtroom
The attorney asserted that Floyd
Allen did not have gun in his IN
side pocket, as the prosecution claims,
but carried revolver on his hip. He
admitted that the prisoner was not on
good terms with Clerk Dexter Goad
and his attorney, but asserted that
the evidence would show that both
Goad and his deputy had guns in their
pockets.
Willis denounced sensational news
paper stories and deplored the fact
that the public demanded such news.
The Commonwealth opened its case
by calling Judge D. w. Bolen, an eye
witness to the murders.
He told vivid story Of the shoot
ing, and swore that Claude Allen fired
the first shot in the courtroom.
"After Floyd Allen had been SEN
fenced to one year in prison. Judge
Bolen testified. "the prisoner rose IN
his seat and said to the Court, i just
tell you that I aint a-going.' People
began to crowd around the prison
er's bar. but Floyd Allen deliberately