The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-13
BUXTON OUTLINES
PlANS0FO DEFENSE
Chief Evidence to Save Sidna
Allen Is Chair in Which
Massie Sat.
PRISONER WAS SHOT IN DUEL
Wysor Opens With Preliminary
Statement for the
Commonwealth.
Especial TO The rimes.pispa,ch.l

Especial to The Times.pispatch.1
WytheviIle, Va, November l2.-The
line OF defense of Sidna Alien wah
outline.i to-day In the statement by
Judge J. e. Buxton. leading counsei,
Il was also developed that the ch'eI
v illness to be relied on 10 save Al en-
from the electric chair. by astonishing
and picturesque coincidence, Is the
chair in which Judge Massie sat when
he was shot to death. This chair II
in cour. here, and Judge Buxton spoke
with one ham. resting on Us PACK n
ne explained IT'S testimony. a poiiet
hole in il is from what WAS the
judges left side, as he sat IN ~. the
side away from the Aliens and next
TO the court ohicerE. The theory OF
Judge Buxton Is that Clerk Dexter
Goad began the trouble In the HIS
Vile court by shooting at Floyd Al
len, while drawing pistol to shoot
him: that the Aliens standing 10 the
ridges right and firing at Goad, TO
protect Floyd. may have hit Judge
Massie, or any body may nave put oui-
?ets into him by accident In the gen
erai firing.
II IL further commended that Sheriff
Webb and the others probably were
shot accidentally by their friends or
enemies. Stress was laki on the as
sestion that several VI the combatants
were using automatic pistols. TO which
they were unaccustomed which send
OUT bullets in q stream from single
nressure on the trigger as hose
sends out water. and that these bullets
were liable to fly anywhere as the
hands holding them vavered-
Public curiosity was Eratified on two
or three other questions. II was an
nounced that Sidna Allen really was
shot in the duel with Goad. outside
the court He was struck IN the left
upper arm. the bullet going through
into his chest II was also said that
he remained in the mountains near his
home thirty days after the shooting.
and that on one occasion the Baldwin
men passed within fifteen feet Of him
as he lay hid. and that he left only
after bloodhounds were used to track
him down.
Just before Judge Buxton began to
speak, Sidna Aliens two little girls.
apparently about Ave and eight years
old. wers brought into court They
are unusually pretty children. especial
IS the younger. Mrs Allen had been
in court all the morning. She moved
her seat TO sit BY the accused man.
who took the youngest child on his
knee and kept her there. the older
very close to him.
Opening fer State.
Mr.. Wysor opened with the preiim-
mary statement for the State. He said
he never had known defendants to be
given more liberal treatment by
court than the defendants in this case
had received. The law Of Virginia he
explained. defined the wilful. deliber-
ate. premeditated killing OF one human
being by another as murder In the
first degree The Jury would have moth
Ing to do with the penalty Its work
was to decide whether Thornton Massie
had been killed by Sidna Allen wilful-
ly, deliberately and with reconciliation.
the law declared, and under the Vir-
GINA law. If a man kills another with
q deadly weapon in previous posses
sion. the killing on the face OF II Is
wilful, premeditated and deliberate.
q nd the burden OF proving that II Is
not is OH the defendant II several
persons conspire TO kill another. the
act Of one In the act Of all and all
are equally guilty in the eye OF the
law The accused killed Judge Mass;e
IL he was present. aiding and abettins
when somebody else killed him.
Mr.. wysor then outlined the theory
of the State tA be that ~laude and Sid
ia Allen had stationed themselves near
the door OF the judges room on
line with his desk and to his right to
prevent him from escaping into that
room: that Wesley Edwards had taken
a position near the door of the Com
Attorneys ONCE at the
front Of the building on the left going
in. to prevent Mr. Foster from reach
ing his Office. and that Friel had gone
20 the opposite side near the door OF
the clerks office to head on Clerk
t;oad: that Floyd Allen had be-
gun to shoot from the judges right at
ridge and officers. while Floyd hred
from the bar. As soon as the crowd
OF people had moved out Of the way.
Sjdna and Claude Allen. on the judges
right. and Sidna Edwards. from the
front of the house. had advanced to
their firing on the court
As q motive. the State would show
that S,dna and Floyd Allen had been
indicted In the court: that Judge MAS
sic had presided at the trial OF the
Edwards boys and sentenced them
when they were convicted: had pre-
sided at the trial Of Floyd Allen, and
was to preside at the trials
Of Others Of the family: that the COM
attorney had prosecuted
some of them and was to prosecute
Others; that the sheriff was to take
charge Of Floyd Allen -Four widows
and thirty orphans were made there IN
Q minute.
F1reo - Stretches JoaGe.
II would he proved. he said. thar
when the shooting was over and Judge
Massic was down. Sidna Allen. before
leaving the court room. had stopped
and fired three parting shots at the
Judge This Is a new point in the case.
and Judge Buxton. in replying to u.