The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-12
DECISION is MADE
BY JUDGE STAPLES
Floyd Aliens Attorneys With.
draw Petition for Change of
Venue After Court Had
Fixed Upon Wytheville.
Governor Mann Will
Send No Troops,
Especial to The Tim DISPATCH,

c!sion of Judge Walter r. Staples
rendered here to-day, tho little red
brick courthouse OF Carroll county.
which was the scene OF the murders
Of March II. will be also the scene OF
the trial of the men charged with the
crime. The change OF Venue to Rou-
| noke asked for in behulf OF FLOYD Al
len was denied Counsel for tile pris-
oners objected to Wrtheville as tho
scene Of trial. and Judge Staple.
! thereupon selected Hillsville. and no
tined the attorneys on both sides that
they must be ready for the trial Of
all tho prisoners on April 30.
on that day Floyd Allen Victor NJ.
Allen, Claude Swanson Allen. Friel
Allen, Sidna Edwards and Bird Marion
wiz be arraiencd for the murder OF
Judge Thornton l. Massie Common
%ealth's Attorney William NJ Foster.
shefin L. T.. Webb, Juror Augustus
Fowler and Miss Nancy Elizabeth
AYERS. II Ia understood that Floyd
Allen will be tried first, and IL is
practically certain that the prisoner,
NJ ne heard separately. Should Sidna
| alien and Wesley Ed wards, the two
members OF the gang still at large
De caught within the next few DAYS.
II is possible they will also be tried
at the end of the same special term
OF the court.
-no'ion Refers TO Floyd Allen Only,
INC motion for change OF venue
ga TO floyc Allen alone. The
petition suggested that the city Of
roanoke was a 1T AMI proper place
| Tot the trial, s tho prisoners are in
lall there. 1t was further argued thst
as Judge Massie was much beloved
throughout the twen.y-arst circuit.
MHere ne presided, thn venue should
| "e nNed outside OF Its Ooundaries
- 80
at o'clock this afternoon. at once
prepared 10 deliver his opinion on the
petitions. But before the ruling was
| made the attorneys for the prosecution
asked leave 10 withdraw their former
answer to the petition, which was
granted, They thereupon filed another
/ answer concurring with the state.
ments OF the petitioner. Floyd Allen.
mat ne could not get fair trial In
carroll county. This part OF the pc
tition was based on the fact that the
! murdered persons lived in various
parts of Carroll county and had friends
IN all sections. so that sentiment
| would be against the men accused of
the Staying. But the allegation against
holding The trial in another nert or
Judge MassiH's old circuit was not
/ commented upon, and was not sus
! ained In the original petition by ufi
davit
| Hearing the new answer Judge
! staples decided to change the venue
! and fixed upon Wytheville as n suit
3 able place for the trial, and as ncr-
| maps the most convenient Argument
| against this selection was made by n.
81, Willis, of counsel for the defense
but the judge was firm In his deter.
mination. Thereuron. the dcfense's
attorneys withdrew the petition for a
| change Of venue, evidently prefcrring
! Carroll TO Wythc.
Place mud Date Fixed.
This left no motion before tho cour,
as TO the place OF trial. and Judge
staples notified counsel that the cases
would be called and tried on April %
at Hillsville. and announced that the
lawyers must be ready on that day.
! BY consent Of the attorneys for the
plaintiffs, the attachments levied upon
the property OF Floyd Allen, Victor NJ
Allen ana Bird Marion. in the damage
{ suits brought for the killing of the
murdered men, were dismissed
In addition so much of the personal
! effects of Sidna Allen. the outlaw from
justice, a; are exempt under the poor
debtors law were released to his wife
| Similar action was taken at Fillsyillc
20 weeks ago as to the effects OF
such Of the other prisoners as arc
married. II covers a horse. - COW and
I calf, farm implements, bedding and
similar material
/ It has always bcen regarded as
! doubtful If the allegations. upon which
| the attachment proceedings were based
| could he sustained The suits wore
| brought BY T.. q. Massie. administrator
! of Judge r. L. Massic; S. Floyd Lam
| drcth administrator of William a.
! Foster and Arthur Webb. administra-
! tor of l.. f. Webb, against each OF the
f, men indicted for the murder for dam
| ages in the sum of $4,000 each. The
property of Floyd Allen, Victor Allen
| and Bird Marion was attached on the
! ground that they were nonresidcnts (.
/ that they were about to leave tho
/ State. and that they Were about to
! convert their property. Inasmuch as
! all three were and are in the Roanoke
: Jail II was seen that the allegations
! could not be proven. As matter of
/ fact, :, was primarily intended &c
I leave the Allen family ms helpless MS
possible. Bird Marion was found to
\ have no movable property which could
I be seized save Winchester shot
! gun.
/. The attorney Tor the prosecution
/, nd for tho plaintiffs In the civil suits
/! arc: Joseph e. Wysor, of Pulaski,
| Waller staples Poage, OF Wythe: John
/. s. Draper, Of Pulaski, and 5. Flovd
(. Landreth. acting commemorative at.
( torncy of Carroll. For the defense tho
! LAWYERS are: IInirston. Willis &. Hair.
| sion. aud Cnx & Cox, OF Roanoke, and
| Judge Nicnolas j.. 0e'letb by, of Bristol
Tili Not Send Troops -
Governor Mann stated last night ~
! the most positive terms that he does
no, propose to send troops to Hnls-
-