Pine Bluff daily graphic., 1912-05-03

edy.
 There was no defiance in Aliens countenance as he heard these re- citals. He wore an expression of gravity and was nervous. Frequently he winced.
 The jurors took their seats at 9:20 o'clock Ten minutes later Judge Staples took his place on the bench and the clerk proceeded 10 read the indictment upon which Allen will be tried. He charged Allen with the murder of Commonwealth Attorney William s. Foster and in several counts set forth the Eillsville hor- TOT in great detail, particularly al- leging that the prisoner entered a conspiracy, confedei ation and agree ment With the others accused to kill the court officers. Foster. if declares was struck by five bullets and died in thirty minutes.
 The clerk then read to the jury that the defendant might be found guilty of first degree murder. which means death; second degree murder which means imprisonment from five to eighteen years; voluntary man slaughter, from one to five years. CT of voluntary manslaugher, which is punishable by fine and a jail sen- tence.
 J. C. Wysof, chief coun2el for the state, in his opening address char acterized The Allen gang as ruffiang, outlaws and cold blooded assassins. He laid great stress on the charge of conspiracy.
 The opening address of Attorney s. H. Willis, for tlhe defense was brief. He declared his client had been the victim of gross exaggera- tions. He denied that Allen killed Miss Nancy Ayres, it was the bullet of either Dexter Goad or one of his deputies which killed her, he said He denied the existence of a con- spiracy and declared that Allen did not draw his own gun until after he had been shot, and then he drew il from his hip pocket not from his vest beneath his sweater.
 Judge D. w. Bolan, of Hillsville, a pillow of that faction which fights at all times for law and order in the mountains, then took the witness chair Judge Bolan said he was in the court room at .lhe time of the tragedy. He had been Floyd Aliens counsel. He, declared that Claud AL len fired the first shot Judge Bo- Ian was severely cross-examined by the defense, but his story could not be shoken.
 s. B. Weddell was the principal witness at the afternoon session. 'Weddell was a former resident of Hillsville and he saw Floyd Allen there day after the tragedy. AL len told him that day, the witness declared q will kill Bill Foster be- fore the sun goes down tomorrow night, if l am convicted"
 Developing the conspiracy angle off their case the prosecution then cal led to the stand T. s. Coubon, a mountain youth and neighhor of Floyd Allen. Coubon said he was in Hills vile at the December term of court when he overheard converse tioE between one Sanders McMillan and Floyd Allen concerning Foster. Cou- bon s.cutly adhered to his statement, despite the grelling cross-examina- tion.
 James N. Early, one of the jurors who found Allen guilty, was next called to the stand and he described the shooting as follows: "When the verdict was announced I saw the prisoner get up from his chair. He said T won't stand for It. CT some- thing like that. He then began to his sweater He was slow in getting out his gun. The firing had already commenced got out of the court room just as fast as l could. On the court lawn en- Floyd Allen. He said to me. There is one of the damn ras- ca's. I'll fix you too, 'whereupon he fired two shots at me. Neither hit me. lodged and ran.' Mir Early added that he saw Allen shoot in the direction of the witness box.
 Early's testimony corobcrated in detail by w. F. Nestor, another member of the jury He said Allen fired at least three shots.
 F. w. Cooley, superintendent of the Carroll county schools. testified that Allen had complained to him some months ago that Attorney Eos ter had written letter to a friend referring to him in uncomplimenta..y