The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-21
Sen tim ent Strikin e
Among Veniremen in
Claude Allen S Trial.
TEN QUALIFIED
TO SIT ON JURY
Taking of Evidence in Case of
Alleged Slayer of Judge Thorn
ton Massie Probably Will
Begin To-Morrow-Youth-
full Prisoner Sits Silent
in Courtroom.
ny ALEXANDER FoRviARD.

NEtneNille, Va, May 20.-When the
examination of the first venire of 100
citizens Of Wythc county was com
pleted at o'clock this afternoon. ten
men sat In the jury box qusl'fied to
try Claude Swanson Allen for the
murder OF Judge Thornton l.. Masste.
OF Carroll county. Six others must be
secured before the necessary panel of
sixteen is complete.
Upon adjournment Of court, Judge
Waller X. Staples prepared a new
list of nifty names, and Sheriff David
son at once hogan the work of sum
moning them. 1t is hoped to have
enough present TO keep court in scs-
sion constantly Tomorrow Until the
Jury is complete
1t is proba bic that the taking of
evidence will begin on Wednesday.
, unless unexpected obstacles are en-
countercd in ecur'ng the needed jury
men. The ease with which ten men
were found to be eligible was sur
prisinG to the court and the LAWYERS,
! In view of the gre: local interest in
the trial of Floyd Allen. and the nat
ural fdrmation and expression of opin-
ions
Defense Objects VIGOROUSLY.
AT one time. there were eleven
Jurors who appeared to be qualified.
+. p. Scott merchant miller, had
formed an opinion as TO the guilt of
Floyd Allen, but none as to Claude
Allen. The defense objected very
vigorously to his admission. but Judge
Staples sent him to the jury room TO
Join the other ten.
Later. +. III. Willis for the de-
fense, renewed his DIGESTION. saying
that an opinion as to Floyd Allen in
this case. involved as it is in the
conspiracy theory. must necessarily
affect any OF the co-defendnnts
charged in the same indictment. Court
and, counsel looked. M preccdents, and
the rule as laid down in the McCue
case was examined. AT last it was
thought best to excuse Mr. Scott. :.
The jury as it stands is made up as
follows: Ii. *. Dix. farmer; j. B. Will
liams. farmer; Charles C. NeH, brick
mason; NJ. +. Lite. farmer: ]. W. Mar
tin, farmer: w. u. Jonas, farmer;
Miller Copenhaver. farmer; 4. Y.
DIXON, farmer; K. c. Huddle, merchant.
:. o Fisher. public school teacher.
Three of the accepted Jurors were
placed in the box over the protest
of the defense. whose attorneys chai-
lenged them because of opinions they
had formed or expressed. Judge
Staples admitted them upon their
statement thar they could discard
their opinions and give the prisoner
fair trial.
In reply to one objection. Judge
'5taplcs said: Il doubt If there is
man in the United States who has
not expressed a Hypothetical opinion
in this case"
Eighty-fve OF the veniremen were
actually in court and were examined.
The remaining fifteen sent or brought
excuses OF various kinds. which were
accepted by the court. mostly in
volying cases of illness. One or two
exemptions were claimed, and natu
rally many had formed such opinions
regarding Claude Aliens guilt as 10
disqualify them.
Many Oppose Death Penalty.
The most remarkable feature of this
work was the fact that no fewer than
twenty-seven of the eighty-fivc venire-
men expressed conscientious convic-
lions against the infliction of tho
death penalty. Did such sentiment
exist throughout the State, the oppo-
nents of capital punishment might
speedily accomplish results for their
belief al the hands of the Lcgisla
ture.
Judge staples grew suspicious Of
this You are Under OATH he said
firmly 10 Venireman L. p. Codmany.
Have you heard any one on the out
side of the courtroom to-day. among
/ those summoned here, discuss the
proposition that scruples against the
! death penalty would get man en-
| cused from jury service?'
/ II did not" replied Mr. Germany.
How long have YOU entertained
| these convictions?" pursued Judge sta
| pies.
The vcnireman insisted it had been
long while. similar question was
! asked W. T. Richmond He could not
remember whether or not he had heard
| such an evasion OF jury duty discussed.
| To other members OF the venire the
| ,ourt put the question in this form:
| DO YOU place your personal opinion
! shout capita. punishment against the
| Jaws of the landH
Vcrireman George W. Smythe had
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