Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-05-17

N1THENILLE, Va, May -f1oyd
Allen. first of the Hillsville mountaineers
tried for the Carroll county courthouse
murders, was adjudged guilty here today
and will pay the penalty of his crime in
the electric chair at Richmond. The
jury was out all night and it was not
until after 10 o'clock this morning that
the twelve men reached an agreement
When court opened today the jury was
called in and the foreman questioned by
Judge Staples. The jurors declared there
were a number of points of difference ex-
listing in the panel and it was doubtful
whether a verdict could be reached Judge
Staples declared the case was of such
magnitude he felt he must send the jury
back with a few words of caution and ad-
vice. He said when a number of men
were thrown together in intimate isola-
ton for long period of time. with all
their thoughts and attentions centered
upon one matter. it was but natural
there should be tendency to different
views and positions.
The Point at Issue.
Judge Staples declared the jury had not
been sworn TO do other than to reach
one conclusion, the guilt or innocence of
sight of that issue in any private individ-
ual opinion they would do wrong to
themselves an unintended violence to
their solemn obligation and grave injus-
tice either to the commonwealth or the
accused.
The Jury again retired and it was but
a short time before announcement was
made that an agreement had been
reached. When court reassemDied. the
foreman read the verdict of guilty as
1fatrI I.tdC
Staples held that was not the proper
form The foreman then explained that
the verdict was one of guilty of murder
In the first degree, the penalty being
electrocution.
Charged With Killing Foster.
Floyd Allen was charged specifically at
this time with the murder of Common
wealth's Attorney William NJ. Foster.
prosecutor in the Carroll county court
at Hillsvile last March. when the trial
of Floyd Allen eliminated in the killing
Of 1--WE persons-Presiding Judge Thorn
ton l.. Massie Prosecutor William NJ.
Foster. Sheriff L. F. Webb, Miss Eliza
beth Ayres and Juror Augustus Fowler
The news of the shooting-up of the court
created sensation and sent thrill of
horror throughout the county.
The tragedy created a panic in the lit
tie mountainside town of Hillsyiile, where
the inhabitants always held the Allen
clansmen in deadly terror Arrests of
several of the Aliens followed the shoot
ing. but five of the principals escaped TO
the mountains Rewards for their arrest
resulted in three of them being taken.
but Sidna Allen. leader of the clan. and
Wesley Edwards. his nephew. still are
at large
The other prisoners it is expected, will
be tried Immediately. On the first bal
lot taken by the jurors the vote stood
ten for murder in the first degree and
two for murder in the second degree
This vote remained practically unchanged
until Judge Staples had addressed the
jurors again this morning, after they
had announced they were unable to reach
an agreement.
The verdict came as distinct sur
prise, as 1T was thought the jury was
hopelessly divided. One of the twelve
men Is known to have said previous to
you can't always get justice in courts.
and maybe the Aliens were not far
wrong, and the attorneys for the COM
monweaith had made arrangements to
arrest him on charge of perjury should
he bring about a disagreement This
morning he agreed to verdict.
Sentence Not Pronounced.
Sentence was not pronounced on Allen
today. being suspended in order that he
may testify in the other cases. which
he could not do il sentenced.
The commonwealth announced change
of the plan Of trying Claude and Victor
Allen Jointly. and that they would next
take up the case of Claude on the in
dictmenf charging him with the murder
of Judge Massie. The trial will begin
Monday and a yenire of ten men has
been summoned. from which it is hoped
TO get a jury without all the delay ex-
perienced in the trial just completed
In discharging the jury today Judge
Staples thanked them for their patience
and promised that none of them woult
be called upon to do jury duty for two
years.
Attorneys for the defendant announced
after court adjourned that they woult
ask for writ OF error. The charge de
Iivered by Judge Staples this morning /
was said touched on points upon which
the Virginia court of appeals had neve
passed.
Few Persons in Court
There was barely handful OF peopl
in court other than the attorneys, detec
tives and newspaper men when the yer
dict was announced Whether this wa
because OF fear that the Aliens might at
tempt to repeat the scene enacted a
Hillsville Is not known. but at least Their
was no reason for such fear.
The prisoners wife sat beside him. Sh
was dressed in black and wore a larg
poke bonnet so that her face could no
be seen.
Allen seemed brighter this mornin,
than on yesterday, evidently expecting ;
mistria1 but he was the picture o
despair when the verdict was read.