The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-09

WYTHEVILLE, VA Special 1t
was definitely announced by the
prosecution at an early hour today
that Floyd Allen, the supposed leader
of the Carroll outlaws" would be
the first of the six prisoners tried.
me old man, considering the fact
that he was shot three times in the
dreadful affair of March 14th, and
that he afterwards attempted to cut
his own throat was in fairly good
shape this morning. He must have
realized long before he got into the
court room, however, that the free
nooting methods he and his clan had
50 long resorted to in Carroll would
receive no cOuntenance in WytheVille
which is a most orderly and circum-
spect community.
Just rs the sweet-toned bell in the
| courthouse tower was Ginning 10
/ o'clock, the accused rode up to the
nail of justice, in an automobile. His
advent was decidedly spectacular He
was almost lifted bodily to his seat
by the squad of detectives who ac-
companied him. The prisoner who
is badly crippled, hobbled along with
his arms around the shoulders OF two
OF the sleuths, While a third kept his
injured leg lifted from the ground
tloYd was outwardly calm. and smil-
ing when once he got settled, but it
took little penetration to see that he
was uneasy in spirit. His pallor
showed that confinement was begin
ming to tell on him. No one would
ever have suspected from the appear
ance Of the gray-haired prisoner that
he was the desperate man he is re-
puted to be, or that he is a malignant
soul with a disposition to kill those
who incur his dislike.
The Circuit Court OF Wythe was
quick in getting down TO business.
No time was wasted, as all the tech
meal preliminarieS were gone through
with yesterday. Judge Waller r.
staples made no opening statement.
He simply commanded order and then
asked the prosecution if it was ready
TO proceed.
J. G. Wysor. senior counsel for the
State, announced that the case Of
Floyd Allen would be taken up. and
that the accused would first be tried
on the Indictment charging him with
the murder of Commonwealth At
torney William NJ. Eos ter, of Carroll
This matter being settled, the wit
nesses were rounded up and the
Veniremen called.
Baldwin Guards Allen.
Al TINS Juncture there was a lull in
the proceedings in order that Allen {
lawyers might confer with the de-
Tense.
The accused has five attorneys to
look after his interest, but the prose
cution is equally as strong numeri-
cally.
Among those representing the State
are Stuart Campbell, Commonwealth
Attorney of Wythe, the son of Judge
A. a. Campbell, and S. Floyd Land
reth, the newly appointed Common
wealth s Attorney of Carroll. 1t is OBJ
vious, however, that j. G. Wysor, will
do the chief fighting for the Com
monwealth, and ii seems likely that
the chief burden of the defense will
be borne by Judge N. H. Hairston.
Associated with him are r. II. Willis.
Cooke q Coke and Judge n. p. Ogles-
by.
The prisoner had as his constant
companion in the court room w. G.
Baldwin, the chief of the Baldwin De-
tective Agency. The latter never left
the side of the accused, though this
vigilance seemingly was unnecessary,
inasmuch as the old man kept his
MANNED leg stretched out helplessly
in a chair and apparently was unable
TO walk unassisted a distance of five
feet.
When the court was called to order
Mr.. Willis, of counsel for Allen, an
nounced that several material wit
nesses for the defense We're absent
and that his side could not go ahead
without them. Mr.. Wysor opposed
any delay. He said it was the duty
Of the defense to use due diligence
in summoning its witnesses.
Judge Hairston said he was sorry
the other side had begun to find fault
so early. Here followed a sort of
legal wrangle, which Judge Staples
promptly checked. He said il was his
custom to forbid such cross-fring tao
tics in his court, and that all remarks
made in court should be addressed to
him. This put a quietus on the law
yerS.
Materially" of Witnesses.
At this juncture court and counsel
united in making a revised list of i'm
pOrtant witnesses for the defense
witnesses whose absence, according to
Aliens lawyers would prevent the de-
tense from going to trial
This work accomplished, the court
next announced it would hear discus
sion as to the materially of the
witnesses.
Judge Staples said he would send
the sheriff with an attachment for the
absentees, and that IL 1t was physi-
cally possible they would be brought
from Carroll to Wythe
Defense Excerpts.
This did not suffice for the de-
Tense.
Judge Hairston said his side would
nave to have the witnesses before go
Ing to trial. His stand forced the in
quiry as to the materially of the
missing witnesses.
Aliens lawyers briefly EXPLAINED in