The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-16

40. -. CNTIDF CnIInT
EEs=s-j LlVIML UUUhl
CLERK Dexter Goad, Recalled, Pos
tive That Sheriff Did Not Make
Motion Towards Gun Until
Floyd Allen Had Moved to
Pull His Weapon.

WITHiENl LILLE, VA Special.-Old
Floyd Aliens wounded left leg is i'm
bad shape, and il is giving him, as
wen as the doctors, great deal OF
trouble. Broken in some way as he
sought to mount his horse and ride
OH after the shooting. il suffered ad-
ditional injury from his attempted ac-
tvity. The left leg, which is two inch
es shorter than the right, threatens
serious complications.
Certain ii is that the leg will never
De mt for much use again. A new
cast was put on the injured limb last
night and il received such treatment
as its condition required. The report
that gangrene has set in is denied.
When the prisoner appeared in court
this morning he seemed fairly well,
though his face wore the same anx-
ious look that has marked his fea-
lures all this week.
Some delay was experienced in the
opening of coure. The janitor
was not in evidence. and no one could
get into the hail of justice until he
appeared. Meanwhile an ever-iucreas-
ing crowd waited in the hall.
Clerk Dexter Goad, of Carroll, who
figured as the prosecutions star wit
ness, was recalled to the stand. The
States lawyers had several uestions
to ask him.
Attorney Poague said: you were
asked by counsel for the de-
tense why you did not explain that
Sheriff Webb, Immediately after Floyd
Allen arose, attempted TO draw his
pistol until what is called the Tucker
letter was produced. Had you not
previously testified to this fact?"
Aliens lawyers interposed objec-
lions. which were overruled. The ste
nographer's notes did not show that
Goad had previously made such
statement.
Witness said that after the court
ordered the sheriff to take charge of
the prisoner. the sheriff threw his
hand back as IL to draw his revolver.
Which came first. Floyd Aliens
act OF arising or the sherin's move
ment to draw his pistol?"
Floyd Allen first got up and muir
INJURED something, I could not hear.
after which he nervously worked at
his sweater. Then the sheriff made
the movement to get his pistol"
Clerk Goad was asked If he did not
day Of the shooting. The defense OBJ
1ected to the question and a legal
argument ensued, after which the
question was withdrawn.
Judge Hairston, of the defense now
further interrogated the witness.
AFTER you had exhausted your pis-
t ;Oi in III the courtroom didn't you 60. back
AFTER l had discharged my pistol on
the steps l went back TO the office.
pistol I don't remember which. but I
did not shoot any more"
,, GlerS S,r G0o o6n, was o now excused and
Carroll, n sun-cured. whiskered citi-
zen OF siXty-six, who wore the usual
garb or a countryman.
Floyd Made Threats.
Mithess TOD OF a conversation last
december with Floyd in reference to
BcviI quoted accused as sayinEt
81 am sorry got into that trouble.
wish i had left the boys alone.
We can't get fair trial. will
submit TO a fine, but IL they sen
fence me TO the Penitentinry 1 will
make hole I'm that court. And IL
Judge Bolen (prisOner's counsel al
the time) doesn't do what he ought
10, i VIII leave him piled up with
Witness said he remarked to FLOYD:
ON, hope for Gods sake you wouldn't
go into the like O. that"
r. II. Willis. of the defense. asked
the sharp tongned old witness If he
the accused: Devil saucily replied in
the affirmative.
"And doesn't Floyd Allen hold your
note now for borrowed money!" queried
Willis.
Witness denied this and entered into
a rambling explanation OF some land
transaction, which none OF his hearers
quite understood.
Weren't you convicted OF stealing
corn from Jim Mitchell?'
mo. no." screamed the whIskered
denizen OF Fancy Gap in great indig-
The lawyers representing the two
SIDES engaged In savage wran gIings a.
70 the line OF examination pursued and
the court had to rap thunderously for
order.
You say you are friendly with
Floyd Allen, and yet you admit you
have told this thing to a number of
people, including the Commonwealth
Attorney"
Il did it for his own sake"
Haven't you been convicted as
blockader?"
Tho
court.
Judge d. w. Bolen was now re-
called TO the witness stand by the
prosecution to explain the land trans
action between Floyd Allen and Bevil
The disputed money-$9-is in bank
now. as the fund has not been dis
trlbuted. Judge Bolen apparently did
not know the merits of the claim by
the accused against Bevil.
As Bearing on Conspiracy.
Sidney Spracker, a young Carroll
county farmer, was next called to the
witness stand. He was in the court
room on the afternoon of March 18th,
when a person he took TO be Claude
before the jury came in, and said:
Let me feel your pulse, old man,
and see if it is beating regular"
Spracker then added; Il under
stood Floyd Allen to reply, Are all
the boys ready?'
He kinder whispered it," said the
witness on cross-examination, but
heard IT distinctly"
Wasn't it late in the EVENING""
yes"
Didn't he say, Are all the boys
ready to go home?'"
II didn't hear the home part"
You say that some one you took
TO be his son came up and took hold
OF his wrist. DO you know his sons?"
Eyes"
''Then why do you say it was some
one you took to be Claude AIlen?"
Because I think it was him."
Witness was now required to give
q minute description of the man who
app ached Floyd.