The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-06-02
Sentence Suspended to Per-
nit Prisoner to Testify
in Other Gases
COURT ADJOURNS
UNTIL JULY FIRST
Prosecution Springs Surprise
When it Announces it Will
Try Claude for Muir &
der of Sheriff
Special to The Richmond virgtnian.,

NYTHEVILLE. VA June -
Claude SWANSON Allen was this af-
ternoon convicted of second degree
murder for the killing Of Judge
thornton l.. Massie in the Hillsville
tragedy OF last March. Fifteen years
imprisonment in the State peniten-
tlary was the sentence recommended
sentence Nf-u be suspended to allow
the PRISONER TO testify in the other
cases The prisoner received the YER
dict after a previous giving away 10
his feelings. without the least show
OF emotion. His mother and his
ttancee, Miss Nellie Wisler, bent Their
heads and wept silently into their
handkerchiefs, but soon regained
their composure. The verdict was
returned promptly at s O'Clock. after
the jury had been out two hours ana
"a half. The original verdict was
amended at the suggestion of Judge
staples 1t not being in the proper
form.
The jury was thanked and dis
charged. Court adjourned until July
LIST. when the other cases will be
taken up.
To Try Claude again.
Tho prosecution sprang a surprise
on the defense when 1t announced
that It would next place or trial
Claude Allen. the prisoner just con-
victed. Oh the indictment charging
him with the murder OF Sheriff l..
-. Webb. The defense objected, and
Mr.. Wills announced he would plead
former conviction. This Flea vii be
taken up and passed on Ghee court
reconyenes.
The defense had hoped to have
h'riel Allen. son of Jack Aiien, reAl
before the bar.
The meeting of the Court OF APP
peals here next week, many ef the
attorneys in the Allen cases having
business before 1t. was the chief
rAascg for adjourning court aafil
Jolly.
Nenire From Washington
venire of twenty was summoned
10 DC on hand when court recnn-
venes. Judge Staples said that III be-
Iieved 1t would be Impossible 10 se-
cu~e Il Jury in Wythe county. The
prosecution Immediately moved tha1
a yenire be summoned from another
county. The defense raised oljec-
zion to this course, which necess!tated
the placing of witnesses on the stand
to testify as 10 the probability OF
Nythe county being able to furnish
another jury. About 100 mon were
summoned to secure the two jurfes
who have decided the cases of Claude
Allen and his father, Floyd Allen.
the latter of whom was recently con-
victed Of first degree murdec.
Overrule Objection.
There are about $500 vo.ars in the
county. After hearing the witnesses.
Judge Staples overruled the objection
and ordered a Venire of one hundred
men to be summoned from Washing
ton county and be on hand July I'd.
The jury took the case at $50 this
afternoon, arguments or the two re-
naming attorneys who had not
spoke. Judge Wysor, for the prosecu-
ton. and Mr.. Willis. for the defense.
consuming the morning.
Disagree at First.
The first ballot taken by the Jury
stood sne for second degree murder.
1--WE, FOR first degree, ana one for
manslauEhter. The second ballot was
unanimous. The verdict was not en-
tirely unexpected A large crowd wa,
present when II was returned.
Prisoner IL Perturbcd.
Az the jury retired Immediately on
reconvening OF court this afternoon
20 consider the case, the young pris-
oner picked up magazine and began
calmly TO look through 1t. Within =
few minutes his mother and his
IlaIEet. M iS~ W iSllSis SSibiE lA anu sea-
down near hfn. lie abandoned his
reading and began 10 talk to HIS
mother and sweetheart.
Their eyes were already tear
dimmed, and there was a serious eS~
preston on Claude's face. Soon the
young man who has borne himself
so stoicaily all through his trial was
in tears too and he was forced fire.
quently TO use his handkerchief. IL
was not very long, however until ne
regained control of his feelings
Just before court adjourned Judge
Staples ordered the prisoners carried
IN Roanoke pending the RECOMMENDING
of court. They left in charge OF
BALDWIN -Felts detectives on the
o clock train this eyeninA
FLOYD BECOMES violent.
WYTHEVILLE, VA, June
Hardly had day broken this morning
when Floyd Allen began TO rave ~
his cell in the Wythe county jail. ~
vtoIenr did he become that the specias
guard was obliged to call several Bald
wfn-refts detectives tn the Jail -
quiet the prisoner
Though Floyd gave the detectives
strenuous few minutes exercise, Ne
was finally brought around to sanef
view OF things.
Floyd kicked out with MS uhpfokFM
leg. struck out with his nsrs at the
guards and made things disaSreeabU
active in the little cell.
DIR. r. n. Green. who was called II &
TO attend old Floyd. said that the pris-
oner would probably suffer no serioua
results from his tidal wave that surged
over hts setf-controi. and NODDED nh
heart with torrents OF rage
All the while the Gagged mountAineef
raved. he uttered no articulato wOrG
but muttered and chortled. and ch0hsds
with passions he could not stem. ss
w. G.. Baldwin, ascribed E10YdI
antitrust this morning To ths old nnnS16ieS