The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-31
SURPRISE SPRUNG
ON ALLEN DEFENSE
Commonwealth Attempts to I'M
peach Testimony OF Daniel
Thomas.
ARGUMENTS ARE BEGUN
Case OF Alleged Murderer of
Judge Massie May Go to
Jury To-idorrow.
ARGUMENTS ARE BEGl

Especial From STAFF Correspondent.l
Wytheville. Va. May 3o.-Argu-
ments by counsel for both sides on
the instructions to be delivered to the
jury were held all this afternoon and
part OF tonight before Judge w. r.
Staples IN the trial of Claude Swanson
Allen for the murder OF Judge Thorn
ton L. AIassie last March in the Car
roll county courthouse tragedy.
At the conclusion of the arguments
II was announced that each side would
be limited in time to seven hours
apiece In addressing the jury-four-
teen hours in all. for both Common
wealth and defenae. 1t was further
stated that fewer speakers for each
side would be the order this time. the
probable program including Attorneys
Joseph c. Wysor, who will close; John
5. Draper. w. 5. Poage, and s Floyd
lambeth. for the Commonwealth, and
Attorney r. II. Willis. Judge y. T.
Oglcsby and Judge y. II. Hairston, who
Will close for the defense,
1t was given out tonight that the
Commonwealth had objected to what
has become known as the changing
instruction" being included among
those which Judge Staples will de-
liver to the jury tomorrow. This in
struction, also known as the McCue
instruction. from It's introduction in
Jurors not to give Up their personal
opinions merely because others may
differ from them. Judge Staples,
therefore ruled out this Instruction
In the trial of Floyd Allen tie at
tornleys for the defense made much of
this instruction in addressing the
jury. The commemorative attorneys.
hall hot hfe &c
do with the disquieting delay in obtain
ing a verdict. fought against its in
cluSSlon among the Instructions in
this trial.
The morning session of court was
brief but spirited. 1t was devoted to
an effort on the part of the Common
wealth to lmpeach the testimony OF
Daniel Thomas, who had testified for
the defense that he had heard the first
shot In the Hillsville courtroom come
from the vicinity OF tie clerks desk.
around which We're congregated tho
court officers.
Thomas himself was the first Wit
ness called by the Commonwealth this
morning. He denied having told II. j.
Worrell and Robert Bass IN H.llsville
right after the shooting that he
thought the first shots came from
the northeast corner of the courtroom.
opposite the clerks desk
Promptly the Commonwealth put on
the witness stand Worrell and Bass
Both declared that old Man" Thomas
had described to them the shooting.
and both said he had told them the
first shots came from the northeast
corner.
Then followed half dozen Wit
nesses called by the Commonwealth,
all of whom stated that they would
not believe Daniel THOMAS on oath.
Worrell and Bass. when recalled, said
they too, would not take Thomas's
word under oath.
II was a complete surprise to the de-
fense's lawyers. although they labored
valantly to tear to pieces the assault
upon the credbiiity and veracity OF
witness whom they had regarded as
most important since his testimony
disputed the oft-repeated assertion
that the first shot came from the cor
ner where Claude. the defendant. was
standing when the shooting began.
During the s-examination of one
of these witnesses, Judge n. TT. flair
ston. for the defense. asked him if he
knew what the work "veracity" meant.
when witness said Thomas's repu-
tation for truth and veracity was bad.
why. yes the witness replied. .It
means everything bad that man
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