The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-11-23
Fifteen YEARS N
THE PEN|TENT|ARY
FOR S|ONh ALLEN
Man Accused by Judge Mas
sic of His Murder Gets
Second Degree
TRY HIM NOW FOR
KILLING FOSTER
Floyd and Claude Allen Now
in Death House Awaiting
Execution for the
Same Crime

Especial to The Richmond virginian.)
WYTHEVILLE, VA. Nov. "a
Sidna Allen. brother OF Floyd and
uncle of Claude Allen pictured az
leader of the Allen clan---was con-
day on the charge Of killing Judge
Thornton l. Massie In the Hilisville
courthouse tragedy OF March lain.
the jury fixing the penalty at fifteen
years In the penitentiary.
The prisoner. who has lost much
flesh, and looked careworn and de-
tected. received the verdict without
any show OF emotion. and his wife.
who sat by him with his sister and
brothers, Garland and Jasper, was
as calm aa the defendant.
The verdict was returned at
o'clock, after the jury, which was
given the case at s o'clock yester-
day. reported al 10 o'clock that they
could not agree, had heard a second
charge from Judge Staples and had
retired again to reconsider the eth
dence. There were just few people
In the court room when the verdict
WAS announced.
Try Him Again December I'd.
Immediately upon the announce
ment OF the verdict, Judge Staples
adjourned court until 2:3a o'clock.
and when II reconvened. Attorney
Joseph G.. Wy.or STATED TO the court
that the prosecution desired to try
the defendant at the earliest possible
moment on indictment No. for tho
murder OF Commonwealth Attorney
w. NJ. Foster. and the court fixed
December I'd for this trial.
Counsel for the defense had an
nounced they had no motion TO
make,
Judge staples announced that he
would Summon the next senire prob
ably from the eastern part OF the
State, or at least east OF Lynchburg.
The jury was given the case at 8
O'clock yesterday afternoon, and on
the first ballot stood. Are for murder
in the FIRST degree: one for second
degree murder. and six for acquittal.
After celebrating far into the night
the jury came In from Their hotel this
morning and went directly 10 the jury
room without reporting. AT 10
O'Clock they flied into court. and Fore
man Neikirk announced TO Jndge
Staples that they were still far apart.
Then the court read to the twelve
the same second instruction" that he
lid 10 the Jury In the case Of Floyd
Alien when it failed to agree.
II is singular fact that both
OF the Allen clan who now stand In
the shadow Of the electric chair. Floyd
fenced for the murder Of Common
weaith's Attorney Foster. Claude AL
len was tried on his first trial for the
murder Of Judge Massie and got
second degree verdict and fifteen
years. while the trial on the indict-
ment on which he received the death
penalty was for shooting Common
wealth's Attorney Foster. Floyd Al
len was given the death sentence for
the staying Of Foster. and now Sidna
Allen. who received second degree
verdict for the killing of Judge Mas
sic. as did Claude, Is to be tried for
the staying OF the Commonwealth
attorney. which has resulted In first
degree In the other two cases.
The Trial Dramatic.
The trial Of Sidna Allen, which be-
November 11th, has been one Of the
most dramatic and sensational OF
the outlaw cases yet heard. Il having
been testified that the defendant was
seen to pour murderous Are into
the court from the northeast corner
OF the room. at the time Judge Mac
sie. was killed, and further that Judge
Massie had accused this leader Of
the clan With his dying breath. The
to establish the theory that the shot
which killed Judge Massie came from
tho corner Of the room where GER
tain court officers stood. The state
also set out to establish the conspi-
racy charge. which has been the basis
Of its contentious in all OF the trials
or the Hiilsville defendants. with the
additional allegation that Sidna Al
len was the leader OF the alleged con-
spirators.
- SkIna Allen. who Ii about forty
years old. has wife and two little
GIRLS, and these have been in con-
slant attenderrc with him during the
trsi.
with the conclusion OF his case
aix men have been tried for the shoot.
inR up Of the court at HilIsville: Floyd
and Claude Allen. his son. are under |
sentence Of death: Victor Allen. |
another son OF Floyd. was acquitted:
Frie1 Allen is serving an eighteen
wear term in the penitentiary. and
Sidna Edwards Is serving term
OF fifteen years. After the second
trial Of ssidna Allen. who now stands
under the fifteen-year sentence, the
last defendant In the memorable ira
K0dy 81 March 14th, win be tried
Wesley Edwards.
the victims Of that tragedy were
Judge Thornton l.. Massie. Common
r,eaIth,s attorney w. NJ. Foster,
Sheriff Webb. Juror Fowler and Miss
Eiixabefh Ayres. spectator. Clerk
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