The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-23
WOULD RATHER DIE
THAN GO TO PEN
Suggested That Prisoner Might
Even Want Fellow ClanSmen
Shoot Him in Case Jury
Finds Him Guilty.

W. n"LAAtAE, va Special
When the jury brings In its verdict
IA the case or Floyd Allen, the court
room or Wythe county will be fun OF
detectives and deputies who will keen
the prisoner continually under sur
VeillancO. 1t has been reported time
ana again that Floyd Allen would
rather die than go to the peniten-
tiary. and in some Quarters 81 IN even
reared that his own people may at
tempt 10 shoot him. should they do
TINS they would act, of course, at the
inS WbSe of the prisoner himself.
be one requiring unrelaxing viRtIance
on the part OF the officers, there
seems little possibility OF trouble in
the closing hour of the trial. Old
FIoyo, In all likelihood, would gladly
resort TO suicide rather than go to the
chair or suffer confinement In the
state prison, but IL does not aeem
probable that he will try desperate
expedients.
His brother Jasper (Jack) Is the
who viii get il. He is an irascibIe.
oufck-tempered person, who flares up
on small provocation, and constantly
carries chip on his shoulder. Re-
ports that have reached the detectives
say ne has been using ugly language
and he will be treated accordingly.
Preparing Instructions.
Counsel for the prosecution and de-
tense are engaged this morning in
preparing instructions in the case of
long list, which Judge Staples is
considering.
The court Is sitting Informally in
the law library. and the attorneys are
allowed to argue for and against the
points they wish to emphasize for the
Jury. The judge, Of course, IL the
final aroiter of what is to be said to
the twelve men In whose hands the
fate OF the prisoner rests.
In all there will be forty instruc-
tons. Eight or ten of these follow
the precedent In the NcCue case.
Others will relate to the legal defini-
ton OF conspiracy. Several will de-
fine the rights of a sheriff and his
deputy, under circumstances such as
those described by witnesses in the
that the sheriff and his deputies had
a right to carry pistols, though the
law does not give the same privilege
TO the clerk.
1t is likely that all of the
morning Will be consumed by the
discussion OF the instructions, and
the present plan is TO begin the
arguments this afternoon. About
eight of the lawyers Will speak.
They will not be limited I'm time.
The prisoners are all in good con-
dition today, though Il is said that
they are greatly irritated at night by
the activity Of parasitic little insect
known to Confederate soldiers as the
"grayback." Report has It that the
insect first began its work on the
prisoners while they were in the Hills
Vile jail, and with answering loyalty
followed to Roanoke and then to
Wytheville.
1t can only be rebuffed ny con-
unual scratching.
Mrs. Allen Observes Mothers Day.
Mrs. Floyd Allen wore q lily of
the valley yesterday In Observance Of
Mothers Day. She went to church,
attired as usual in black. Her only
finery was a black silk slat bonnet
and touch of white lace about her
throat
Mrs. Allen is we'll looked after by
the Wytheville ladies.
To the attorneys for the defense
this Niobe of the mountains said only
one thing: "Give me some little ray
OF hope, something to comfort me-
even though in the end II turns out
10 be misleading"
Claude Allen will face a jury al
most Immediately after his fathers
case is decided.
Instructions Read 10 Jury.
Judge Staples read his instructions to
the jury at 1870 today. Argument was
scheduled tot begin this afternoon at
$50.
Paying Out Fees and Mileage.
Wythe county had paid out $1.4S0 in
fees and mileage to witnesses who ap-
peared in Floyd Aliens case. More
claims are yet to be presented.