The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-23
He Saw Defendant Fire
Shot at j I'D G e
Massie.
RETELLS STORY
OF FATAL ARRAY
Witness Has Tried to Persuade
Himself That He Might Be
Mistaken, but Retains Be-
lief as to How Judge
Went to Death at
Hillsville.

tSpecial From STAFF Correspondent.)
Wytheville. Va May 22-"Though
I've tried to persuade myself that l
might be wrong, can't escape the cos
iired tine first shot that struck Judge
Massic. When take into account
what l saw and what ! heard. | can't
escape that conclusion.
Thes, words, spoken by Judge u. w
Bolen. first witness for the Common
wealth. to-day. in the trial Of Claude
swanson Allen for the murder of Judge
T.. l. Massie in Hillsvile las; March.
form the strongest link in the chain
that the prosecution is trying to forge
that shall convict thu younger son OF
old man Floyd Allen, VINO Is now un
der suspended sentence OF death for
staying Comm onwealths Attorney Will
liam NJ. Foster.
When Judge Bolen made this state
ment there was noticeable hush over
the courtroom where the trial is pro.
crossing before Judge Waller Il. sta
pies. The defenses counsel were 81
lent; the prisoner fingered his underlip
nervously.
Damages His Cnuse.
Another statement on the WITH ass
stand to-day was extremely damaging
old defendant. Attorney W. d. Temp
kins, who was in the courtroom wnen
the shooting broke out. thus j 'scribed
Sidna Aliens appearance as the first
shots We're fired: "Sidna Allen had
smile, a icrce smile. on his face as !
turned after the first two shots and
saw him shoot again. lie had q wick ID
look"
The witness said he could not see
r. ca RI hut
Sidna and Claude standing on the bench
In the northeast corner of the court
room as the first shots rang out. and
that their pistols were trained on Judge
Ma ssie
\ feature Of tn-lay's proceedings
/ before the court, OUT apart from the
actual trial of Claude, was the releas-
ing under $1,000 bond. furnished by
himself. OF Byrd Marion. one OF the
six prisoners in thu Wythevine Jail
held for completely in the Carroll
County Courthouse murders. The state
has had little evidence to connect Byrd
with the shooting in the courtroom
and his only implication with the Allen
gang. so far as has been found was
the fact that he want to the stable
where Floyd Allen and the others ran
after the shooting. Byrd was arrested
the next morning a the Elliott Hotel
by Baldwin Felts detectives. when they
also took into custody FLOYD Alien.
Victor Allen and J. - Strickland.
Strickland was released few hours
later.
Marion will leave for his home in Car
roll county tomorrow. His wife has
been III. and his release was secured
through the efforts of the Baldwin de-
tectives and with the full consent OF
the prosecution. Byrd expressed great
relief at being out in the open air
gain He Will be required to GENE to
Wythe Court July S. but It is more
than likely that the charges of murder
against him Will be dropped.
The Jury Completed.
The testimony OF the Commonwealth
was begun this afternoon. after the
jury had been completed at the morn
ing session. The twelve jurors finally
selected to try Claude are II. X Dix, J.
r. Williams. Charles c. Nef. NJ r.
Litz. a. Y. Dixon. r. C. Huddle C. C.
Crockett. F.. G.. Vaughn. NJ. L. Lindsey.
W. I. NeH. John T. Baugh and W. W.
Eastwood
When court convened at 9:30 this
morning there remained two talcsmen
|, to he chosen before the striking off
OF four from the panel of sixteen
Thirteen veniremen We're examined be-
fore George 4. Callahan was accepted
temporarily; then two more wera cx-
cused. and Eastwood was taken on.
The defense conferred briefly, and thep
the following were ordered stricken of
this panel OF sixteen: William H. Jonas,
y. NJ. Copenhaver. >. O. Fisher and
George y. Callahan.
Attorney Joseph G. Wysor made the
opening address for the Commonwealth
and outlined the case the State will
attempt to prove against CLAUDE Allen.
II. Holman Willis's opening speech for
the defense was featured by an attack
upon the press OF the State. which. he
declared loudly. had sought TO bring
about the conviction of the Aliens
They have printed lots of untruths
about the case" he said. "but then 1t
is their business 10 sell as many as
they can"
Mr.. Willis was interrupted in his dIa-
tribe by Attorney w. A. Poage. for the
State, who objected to the nature of
tho remarks. Mr. Willis ended with
reference more conservative in tone to
a Roanoke paper.
Judge Bolen's testimony was in the
main the same as given by him in
Floyd's trial. lie said he had not seen
Victor Allen with a pistol. He stated
under discrimination. that he had
never heard or seen anything in his re-
lations with the Aliens TO cause him
to suspect Il conspiracy against the
court ollCcTS' nc Sdlu tnat at the
time of FLOYD Aliens, trial last March
the defendant was under three indfct-
ments. each charging him with sepa-
rate offenses in rescuing Si.lna and
Wesley Edwards from a deputy sheriff
and in assaultinG the deputy He said
that Floyd had asked him several times
before the trial If he was likely to bs
sent to prison II ne We're convicted
and that n expressed the hope that
he would not. for his sons sake.
Judge Bolen described how he had
seen Claudc's pistol pointed toward
Judge Masslc and had seen the lint fly
from the iurist's coat shoulder an in
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