The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-26
Commonwealth Virtual
ly Rests Case Against
Claude Allen.
DAMAGING FACTS
ARE BROUGHT OUT
Young Prisoner Seems to Have
But Bare Hope OF Escaping
Fathers Fate-Twenty Wit
nesses Examined During
Day-Defense Probably
Will Open Monday.

Especial from Staff Correspondent
Wytheviile. Va. May 25.-Dircct.
| circumstantial. accumulative and cor
decorative evidence has been produced
by the Commonwealth in its case
! against twenty-five year old Claude
| Swanson Allen In rs efforts to
| f% upon him tho guilt for Judge
Thornton l. Masses death In the
iiillsville courthouse tragedy last
March. The prosecution virtually rest
| ca its case at adjournment of court
\ this afternoon. and unless the States
attorneys should find il advisable to
put on one or two witnesses Monday
morning. tho defense will open its
case the first thing that day.
| For three and half days the Com
mcnwealth has labored 10 build up a
| wall OF evidence that Claude's counsel
] would not be able to tear down. and
low we'll it has succeeded can be judg-
ed by summary of the salient points
CT the states case against the young
| Carroll mountaineer:
Points of Sta.e's Case
| First. the fact that Claude Allen nred
the hrst shot of all tho many shots in
that courthouse the day of the trar-
edy has been shown by a number OF
| witnesses.
Second. that Claude Aliens first shot
was fired at Judge Massie and took eff
| fect in the right shoulder. causing
what afterwards proved to be the
| iatal wound. has been testified to by
| Judge d. w. Bolen. the Commemorative
first witness. who had tecn Floyd AL
| lens counsel at the trial when tho
shooting took place.
Third. John Dalton has testified to
having seen Wesley Edwards distribute
loaded cartridges To some or all OF the
| Aliens and their clansmen now under
Indictment for the Hillsvlle murders.
| THIS formed the newest piece OF evil
| dence that the Commonwealth has
presented in regard to a conspiracy AL
legged against the Aliens.
Fourth. frequent threats by Floyd
Allen have been shown by the state
in the closing hours OF its case to.
day. these threats being directed
| against either Commemorative At
| 'orney William NJ Foster or other
court officers OF Carroll county.
Fifth. Claude Aliens participation in
the shooting in general and his
escape. flight and capture two weeks
later have been detailed by several
witnessei.
i Other Damaging Facts.
Other damaging facts have been
also brought out BY the Common
wealth piece by piece. adding to the
completeness Of its case until now,
on the eve OF the start OF the de-
fense's testimony, the young de-
I PENDANT would seem to have bur a
bare. forlorn hope OF escaping the
fate OF his father. who is now under
suspended sentence of death for the
murder OF Commonwealth's Attorney
Foster in the same tragedy.
| To-day's array of witnesses for the
Commonwealth was intended to bring
still more strongly before the Jurors
mind; the incidents in that little
bleak morning of March IL when
leaden bullets carried messages OF
death TO five persons and crumblcd to
dust the last semblance of the law
and It's court.
| Twenty witnesses were heard to-
day. Woodson c. Quesenberry, deputy
clerk. and Dexter 0oad proving TO
be the most interesting and I'm
portant in regard to tho shooting in
the courtroom Quesenberry told
about the same story as he did In the
! Floyd Allen trial. His most damaging
statement to Claude Aliens cause was
when he said the first shots OF the en-
tire occurrence came from the north
| east corner of tho courtroom, where n
moment before he had seen Claude
and Sidna Allen standing on a bench.
Quesenberry related how he had shot
twice at Floyd Allen as the latter was
| Inside the prisoners bar. after about
thirty or forty shots had been fred
Looking around" continued young
! Quesenberry, II saw Friel Allen to my
right He was shooting in the direc-
t!on of Commemorative Attorney Fos-
| tsr. I shot once at Fricl. and then
my pistol hung fire. Foster was back
by the door leading to the steps TO
| the clerks office. and was almost dying
| He was standing, pale and in daze
when Friel fired at him."
In Courtroom After Shooting.
On cross examination Qusenberry sa id
he had not sren a pistol in Floyd AL
| lens hand when he shot at him. The
witness said he saw Victor Allen, Sidna
! Edwards and Byrd Marion In the court
room about thirty minutes after the
shooting. but that no attempt was
made to arrest them then.
| Other witnesses who d atailed as much
of the shooting as they were able to
| see In their hurry to get out OF the
courtroom We're c. l. Howell. foreman
of the jury that had convicted Floyd
! Allen at ths March term; NJ. C. White,
| another juror. and F.. r. Kline, a spec
tator.
Deputy Shsr!ffs G. f. Edwards and
| Frank Fowler related their uarts in tho
| shooting in the courtroom. Edwards
sara tHe hEst SHoth came from the
northwest corner. whore rs had seen
Claude and Sidna Allen previously This
| witness also said Floyd Allen fired
toward him and that Commonwealth's
| Attorney Foster was standing near him
(Edwards) ut the time
Important Ruling.
a ruling WAS made by Judge Waller
r. Staples this afternoon that may
have an important bearing in the final
summing up OF the case before the
jury. and which. II Claude be convicted