The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-26
WALL OF EVIDENCE
BU|LTUP BY STATE
Continued from First PaSe)


for a new trial. When Sam B. weddlo
was recalled to tho witness stand this
afternoon he was questioned by the
Commonwealth concerning a CONVERSE
ton he had had with Floyd Allen be-
fore the Hllisville shooting. Attorney
r. H. Wills. for the defense. immedi-
ately objected. and before tho witness
was allowed to answer, Judge Staples
dictated tho following objection and
ruling:
Counsel for the defendant objects to
the admissibility of any threats made
by Floyd Allen against William Foster
or any other officers OF the court of
Carroll county. unless such thr
were made in the presence of or COM
municated to the defendant. Claude
Allen. who stands Jointly indicted with
said Floyd Allen.
Any statement made by Floyd AL
lem" then ruled Judge staples, AS to
anything heretofore done or thereaf-
ter to be done by Claude Allen would
not be admissible in evidence under
the present stage of evidence, put any
statements made by Floyd Allen which
We're indicative of his own motive. In
tent or purpose are proper to be shown
and are 10 be considered by the jury
for this purpose, and Cor this purpose
alone namely: in asccrtaining what the
purpose and intent of Floyd Allen was
at the time OF trial and as evidence
against Glands Allen only IN SO far
as the court may hereafter instruct
the jury that Claude Allen may be. un
der certain circumstances, responsible
for the conduct of Floyd Allen.
III hereafter, under instructions of
thu court, the jury should lind that
there is no responsibility upon Claude
Allen for any of the acts OF Floyd AL
len, then they would not consider this
evidence against Claude Allen"
Threats by Floyd.
Weddle then went on to tell OF
having met Floyd Allen some time
before Floyds trial at the March
term of court and of Floyd having
referred TO William Foster in connec
ton with a case in North Carolina.
Floyd sad. after some discussion OF
the case. the witness testified:
III kill Bill Foster before the sun
goes down tomorrow night IL I'm
! convicted"
When the Commonwealth put on
several other witnesses who We're to
testify as 10 threats made by Floyd
Allen. the same objection was made
and overrulcd as in the case of We'd
dies testimony. T. S. Coulson told OF
having heard Floyd say
IF they don't give Inc a fair trial
! I'll make the biggest hole in that
court that was ever made in it,"
! Floyd pointed. the witness said, to-
ward the Hillsville courthouse as he
spoke.
Newton Bevn told of a conversation
with Floyd Allen at the December
term OF court. when, he testified, Floyd
! nd said:
Il wish I'd let the Edwards boys
alone expect I'm in trouble. III
submit 10 d fine. but il they sentence
me to the pcnitcntiary III make the
biggest hole III that court that was
ever made. And If Judge Bolen does
not 90 his duty I'll pile him up with
the rest
| Isaac Martin testified that Floyd
had talked with him last August about
| his case In court and had said:
They've compromised worse cases
than mine; If they undertake to put
me in the penitentiary they'll have
my box to make"
j. G. Ayres. undertaken. newspaper
man end merchant of Hillsville. de-
scribed Fosters wounds. He had seen
| Claude. FLOYD Allen and Wesley ED
wards with pistols in the street after
| the shooting. lie said he had seen
Claude point his pistol towards the
courthouse. ami believed that Claude
had fred.
Mr.. Ayres is the father OF "Bis Doc
mond. now n tvirlcr on the Richmond
team OF the NirGinia League.
Clothing Ruled Out.
The Commonwealth endcavored this
morning to have admitted as evil
dence the clotiing of Commemorative
Attorney Fosler and Sheriff Webb
worn tho day lhey were killed. The
defense objected. stating that they
did not intend to dispute the location
Of tho bullet wounds in tho bodies
Of either Of the court officers Judge
staples ruled cut the clothing.
Others who testified to-day. but
whose testimony was either merely
corroboratiy" or unimportant. were
f.oman King. prayton Maybcrry. Solo
mon Ayres, Harley Quesenberry, RIOS
co" Mayberry 81. VI. and j. Il. Blanken
ship. NJ. c. White. s. F.. Gardner and
$ Floyd Iaudrcdth. the latter Com
nwcaith's Attorney OF Carroll coun-
~ appointed to fill the uneNpired
term OF W H. Foster. lie Is also
of counsel foI the Commonly III
the prosecution Of Ihe Aliens.