Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-05-21
FLOYD ALLEN is GUILTY.
Jury Agrees In condemnins the Car
roll County Outlaw.

ALLEN 10 SOtIt
Jury Agrees In condemnins the Car
roll County Outlaw.
Wytheville, Va, May 17.-Floyd AL
lens jury today found him guilty Of
murder in the first degree. Death in
the electric chair Is the penalty.
After a night Of deliberation,
which at one time threatened a dis
agreement, the jury filed into court
this morning and delivered its verdict.
Sentence was deferred, as Allen may
be called as a witness in the trials Of
his kinsmen, who are also charged
with the five murders In Carroll coun-
ty court.
sparsely filled court room heard
the end of the trial. Some thought
that fear Of an outbreak, such as
marked the adverse verdict at Hill
Vile, might be seen today. 1t was i'm
possible, however. officers searched
all who entered the room.
Will Try Others
The other prisoners will be tried
Immediately. Claude, Friel and Vic
tor Allen, Byrd Marion and Sidna Ed
wards, are under indictment for the
while Sidna Allen and Wes-
ley Edwards, two other members Of
the gang, are still at large.
When court opened today, the jury
was called in and the foreman ques-
toned by Judge Staples. The jurors
declared there were number Of
points of difference existing in the
panel and 1t was doubtful whether a
verdict could be reached. Judge
Staples declared the case was one OF
such magnitude he felt he must send
the jury back with a few words Of
caution and advice. He said, when a
Of men were thrown together
in intimate isolation for a long period
of time, with all their thoughts and at
tentions entered upon one matter, 1t
was but natural there should be a
tendency to different views and po-
sitions. Along with this tendency, he
said, there was another tendency Of
the human mind to fix deep-rooted in
ones own mind unwarranted opinion
in an earnest effort to convince others.
Judge Staples said the jury had not
sworn to do other than to reach one
guilt or innocence OF
the accused. He said If the jurors lost
sight Of that issue in any private In
dividual opinion, they would do
wrong to themselves, an unintended
violence to their solemn obligation and
grave injustice either to the common
wealth or the accused. The jury a
gain retired and it was but a short
time before announcement was made
that an agreement had been reached.
When court reassembled, the foreman
read the verdict Of guilty as charged
in the indictment" Judge Staples
held that was not the proper form.
The foreman then explained that the
verdict was one of guilty in the first
degree, the penalty being electrocu-
tion.
Killing Of Foster.
Floyd Allen was charged speciflcal-
ly, at this time, with the murder Of
Commonwealth Attorney William
M. Foster, prosecutor in the Carroll
court at Hillville last March when the
trial Of Floyd Allen eliminated in the
killing Of five persons-Presiding
Judge Thornton l. Massie; Prosecu-
tor William M. Foster; Sheriff l. F.
Webb; Miss Elizabeth Ayers and Juror
Augustus Fowler.
On the first ballot taken by the jur-
ors the vote stood ten for murder in
the first degree, and two for murder
in the second degree.
The verdict came as a distinct sur
prise, as it was thought the jury was
hopelessly divided. One Of the twelve
men is known to have said previous
to being summoned for jury duty
that "you can't always get justice In
courts and maybe the Aliens were not
far wrong" and the attorneys for the
commonwealth had made arrange
ments to arrest him on a charge OF
perjury should he bring about dis
agreement This morning he agreed
to a verdict.
Change Of Plan.
The commonwealth announced a
change Of the plan Of trying Claude
and Victor Allen jointly and that they
would next take up the case Of Claude
on the indictment charging him with
the murder of Judge Massie. The
trial will begin Monday and a venire
of ten men has been summoned from
which it is hoped to get jury with
out all the delay experienced in the
trial just completed.
Attorneys for the defendant an
nounced after court adjourned that
they would ask for writ Of error.
The charge delivered by Judge Staples
this morning, it was said. touched on
points upon which the Virginia
court of appeals had never passed.
The prisoners wife sat beside him.
She was dressed in black and wore
large poke bonnet so that her face
could not be seen.
Allen seemed brighter today than
on yesterday, evidently expecting a
mistrial, but he was the picture Of de-
spair when the verdict was read.
Defiance Of Law.
In his cell tonight, surrounded by
guards, Allen broke out into TRADE
of defiance Of the law. II am not
going to the electric chair" he shout
ed. 1--WE still got some friends In
Carroll county"
The guards are fearful that Allen
may repea' his attempt at suicide,
and one or more are always locked In
the cell with him.
III A guilty conscience needs no press
agent.