The Washington times., 1912-03-26
JUDGE REFUSES TO
DISMISS THE WR|TS
ONALLENP PROPERTY
Opening Session of Outlaws
Trial Lasts Half
An Hour.

HILLSN1LLE, Va, March 26.-Judge
Walter r. Staples, who reconvened
court here this morning, declined to
hear a motion made by attorneys for
Floyd and Victor Allen and Byrd Mar
ion, in jail at Roanoke, to dismiss at
taChments against all property belong
ing to the prisoners.
These attachments were served by at
torneys for the widows of Common
wealths Attorney Foster. Sheriff Webb,
and Judge Massie, in civil suits filed for
$4,000 for the death of each. Judge
Staples ruled this morning that notice
Of a motion to dismiss attachments
should have been filed with the plain
tiffs and not with the Plaintiffs attor-
neys. He said he would hear motions
for dismissal in vacation within the next
two weeks.
Declared To Be Improper.
r. II. Willis, attorney for the prison.
ers declared the attachments were i'm
properly served because they were made
out on sufficient grounds. The three
he said, were not contemplating leav-
ing the State The lawyer said the
attachments in reality were a sort of
war measure, and were not in good
faith. Under the Virginia statutes, a
man when served with attachments is
allowed, what is known poor mans
exemption. This permits him to use his
stock. This matter will be taken up at
tomorrow's special term of court.
Judge Staples said a postponeme mt OF
the motion to dismiss the attachments
would work permanent injury to none.
But a precipitate hearing would work
harm to the widows of the murdered
men.
sisted the the lawyers who represent ad-
ministrators of the estates of those
Killed. Court was in session for half an
hour.
At tomorrow's special term all indict-
ments against members OF the Allen
sang will be redrawn and new ones
brought.
There is no news this morning from
the mountins where searchers are keep
ing the chase with unabated vigor.
Annoyed By Detectives.
That the families of Floyd and Victor
Allen, jT., are in great need, harassed
by the detectives; that Mrs. Floyd AL
len is convinced that her son Claude
has escaped and is fleeing Westward
and that the fugtives in the mountains
must be suffering terribly from expos
ure, is the word brought back from the
Fancy Gap region by r. H. Willis, of
the attorneys for the men now under
arrest.
Mr.. Willis has spent two days in the
saddle, making the rounds of the AL
lens homes, and among their follow
ers seeking information that will be
favorable to his clients. He spent last
night at the home of Floyd Allen. Mrs
Victor Allen, jr.. is living there with
her two children. Both women are
greatly distressed, and Attorney Willis
..t.l.-
the fugitives
Mrs. Floyd Aliens condition." said
Willis, ''is especially pitifuI. Members
OF the sheriffs posse are continually on
watch at the place or passing by it.
They guard the outbuildings and farm
day and night Her mother mind dwells
especially upon Claude, who Is her
youngest child. Though he is twenty
two years old she calls him her baby,
as fond mothers will. She sits at the
window and weeps as she sees the
mounted men riding by with their rifles.
oh, isn't IT terrible, she sobs. They
are after my baby
"The last two days have been terrible
in the mountains" Willis continued.
The rain beat down, making the roads
almost mpassahle. and as 1t fell ii
froze. forming icicles that hung from
the rims OF the scouts hats Believing
that such weather would drive even the
most desperate men TO seek shelter the
posse was particularly active. They
surrounded and raided three noun
talneers' houses on the far. side of
Fancy Gap. over toward the North.
Carolina state line.
Unable To Find Aliens.
Their efforts were without results.
After having ridden all through that
section and questioning people wher-
ever they could, they found nobody who
admitted having seen or heard from one
of the missing men. For this reason /
am beginning to think they may have
escaped to some place far from their
homes Fourteen men of the posse
Camped on Floyd Aliens place. They
SLEPT in his barn, used his forage, and
some Of them were riding his horses.
During the daylight hours they scat
tered in smaller parties, patrolling the
entire distance.
Tho rangers still seem to think that
the Aliens are not far away. | doubt
that. because none or them has been
"Dctcctive Lucas is, still established
IN Jack Aliens house, where he ap-
parently has orders to remain. stop
Floyds place. Jack is well content to
have Lucas there. as he wants to be
IN a position to prove that he is not in
communication with his fugitive rela-
tives. So he and Lucas are getting
along very we'll together.
SO far as concerns Victor Allen, |
have witnesses VINO VIII De dole TO
prove that he was unarmed. If the
shooting was premeditated, 1 think we
can show that Victor, at least, had no
knowledge of IT.
Hatfield Rumor Alarms.
People in HiIlsville do not take kindly
to the suggestion said to have been
made by Captain Hatfield, eldest son
of Anse Hatfield, leader of the HATFIELD
clan of feudists in West Virginia, that
they are willing 10 Invade Carroll
county and the Blue Ridge range 10
hunt down the fugitive Aliens.
The reputation of the Hathelds for
being a law unto themselves is well
known TO the people of Carroll county,
and they say this neiGhborhood has
suffered enough FROM the Allen gang.
1t is believed here that TO allow the
Hathelds to join in the pursuit would
be admission on the part of the state
that the mountain bandits are moi e
powerful than agents of law and order,
and that it would give the Hathelds
reason to believe they might override
all authority and commit all sorts OF
depTelatiOnS at will.