The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-31
DECISION NOT YET MADE
Judge VIII Rule Later ou Application
for Change of Venue. *

Especial to The ItmcS- DtSpatch.Js 53y
Roanoke. Va, March 30.-After hear
Ing the petition hled by attorneys for
Floyd Allen, asking for change oe
venue In his case, and the answer filed
by the prosecutions attorneys, as well
as lengthy arguments on the subject,
Judge Staples this afternoon informed
the attorneys that he would tako the
matter under adviScmcnt and announce
his decision at a later date.
At noon to-day, j. s. Draper, j. c.
Wysor, w. S. Poagc and Floyd S. Lam
dreth, counsel for tho prosecution IN,
the case against the Aliens. of Carroll.
arrived and went Immediately to the
Office of Judge Staples.
Judge \. II. Hairston and r. II,
Willis, counsel for Floyd Allen, filed
a petition asking for a change OF
venue in his case. M
The petition sets forth ut length q
review OF the tragedy at Hillsv'lle,
and calls the attention of the court to
tho conditions existing In Carroll
county. asserting that 1t would be inn
possible for Floyd Allen to get an inn
partial trial there because or the pre-;
JudIcc and feeling EXISTING IN that
community. The petition further
states that Roanoke would be the
proper place for tho trial. because OF
its accessibility. In the latter por-
ton of the petition the attorneys men
tion Floyd Aliens condition, and say
that he could be tried here without
any inconvenience or suffering. since
he could he brought into tho court
from the Jail.
When the petition mad been hIed a
copy OF II was turned over to counsel
for the prosecution. These lawyera
went into conference, and when they
returned they asked to be allowed
time to prepare an answer It was
originality decided that the question OF
hearing The motions in this matter
should be taken up at | O'Clock. but
since tho answer from tho attorneys
for the Commonwealth had not come
from tho stsnographcr at that hour
other matters We're taken up. 55
While the court was waiting for tho
answer from the attorneys for tho
prosecution, Mr Willis, OF counsel for
the dctensc iiied . formal application
OF this matter, Mr., Wills insisted that
IT WAS absolutely necessary that sonle-
! thing tc done immediately. saying that
( Victor .lllcn IS merely under suspicion
and that the defense needs him to
assist In saih"Iinis evidence
When AIR Willis had concluded fia
remarks. Mr.. Wysnr. FOR the Common
wealth. objected, SAYING he had no
noticc OF this application for ball, and
il would he necessary To hear evidence
in the matter before q H.ao under tp-
dctmcnt tor first degree murder should
be halcl. lie further stated that hs
differed from Alr Willis on the point
Of the gravity 81 the charges against
Victor Allen 10 cons. dercd the casa
against Nictor Very heavy. After
some discussion Judge staples In.
formed the attorneys that he could NOT
act on tho petition for ball since ne
thought the attorneys for the COM
monwealth should Iavc sufficient
notice in the muttor.
Judge staples did no. NIX any data
for the hearing OF the aoriicltion. "
There was considerable discussion OF
the matter OF Iuashing acknowledgements
against tbs property OF the prisoness,s
This was gone into at length byacoun-g
sci, and after hearing the lawyers on!
this subject, Judge Staples fSed AnrtIs
II, AZ Wytherllic. ~ the tirne and thss;
place for tho saring OF tho mo..sag
to Guash to ho made BY the attorneys;
for the defense.
Then the anawer TO the position tIef
by the defense asking Ter chnnga ST
vsnun was Rad, This snawar ffeba shat