The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-03

directed to showing that DR.. Nuckols's
memory might be at fault as to tho To-
cation of Mr.. Fosters wounds, and
was unproductive.
Threatens to Kill Foster.
;. b. Weddle. next IN the stand.
heard Floyd Allen say IN the Monday
before shooting, Il Will kill Bill Fos-
ter before the sun goes down to-
morrow night IL l am convicted" Wiz
nests said his relations with Floyd
were entirely friendly. He was also
friendly with Dexter Goad, he said
on cross examination, and has helped
the latter in his campaigns. The de-
tense tried hard to show that this
witness was entirely unreliable, but
he stuck to hits statement
Last December T. s. coulson, the
next witness. heard Floyd Allen say
to Sanders Mcmillan Il can't get a
fair trial, and If they fool with me
| Will make the biggest hole in that
courthouse any man ever made"
Mcmillan, according TO Coulson, said
that was the last thing Floyd sad,
but the prisoner had insisted that
he would do 1t. Tho defense was un-
able 10 mako Coulson vary his usser-
tion.
L. n Cooley. superintendent of the
public schools of Carroll, had heard
Floyd Allen say that he learned Foster
attorney In North Carolina. y man
had shot at Floyd, and Foster is said
to have made the statement that K
this man had killed Floyd sit would
have saved him (Foster) the trouble
OF doing so. Floyd told Mr.. Cooley
thai Foster HAD denied writing this,
and had added that one of them would
die II Foster was the author. Later
Floyd Allen told the witness that he
had seen the letter. and had como
TO Hillsville TO sec Foster but that
the latter nad left his office. The
defense sought TO show that the two
men had made friends at Fosters
home.
Early Saw Floyd shoot.
Juror James y. Early. the next w l.
ness, was enc of the men who con
victed Floyd Allen. lie saw Floyd
stand up and heard him say: II won't
stand for it," Shots came from both
sides, and AIR Early was undor the
impression that the first came from
standing. He saw Floyd shoot, but
could not tell who he fred at. He
waived his gun, and had it aimed in
the general direction OF w. NJ. Foster
Mr.. Early went TO the street as soon
as he could and there met Floyd Allen.
The latter shouted. there goes one of
those damned rascals; I'll get YOU
ana HEtu at the juror, WHO lleu DOWN
the street.
Some time was spent in demonstrat-
ing the positions OF the court and the
jury, blue prints being used.
Mr.. Early was positive that Floyd
Allen began to set his pistol before
any shots We're fred
W. y. Nestor the last witness, was
also 81 juryman. His version of Floyd
Aliens remark was, Gentlemen, r.
amt d goin'." TWO rr three shots
were tired from the entrance to the
judges room, and then FLOYD shot
three or four times toward Foster. al
though the witness could not say that
this was the manner in which the
Commonwealths Attorney received his
fatal wounds.
The prosecution tonight does not
think 1t possible To conclude it's evil
dence tomorrow. as many more wit
nesses remain to be examined. The
facts in the case are being rapidly de-
veloped and long stride was made
in the trial to-day Glgits We're fire.
quent between Mr.. Wysor and Mr.. Will
lis calling forth reprimunds from the
court.