The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-23

W A. oBNCldls
Nobody attempted to "shOOt up
the Circuit Court of Wythe when
twelve true and tried citizens of
the county decided that Floyd
Allen should die i'm the electric
chair. Nor did the gray-haired
murderer say, as he did on March
11th, when another court found
him guilty of u felony, Il amt
a-going."
On the contrary, Floyd Allen,
the man whose Vaccinations al
most wiped out the Circuit Court
of Carroll, appeared but a pigmy
today in the presence of the ma
jeSty of outraged Justice.
While he met the dread sem
tence courageOuSly and almost
without a change of cOuntenance,
he seemed but a pitiful thing in
that awful moment when the
finding OF the jurors scaled his
fate.
Two of his brothers, as well as
his beautifully loyal wife, were
with him i'm his dreadful hour of
travail. But these, like the
manned old outlaw OF the hills,
received the verdict with an as
tOnishing degree of stOlidity and
to all appearances bore up well.
There was absolutely nothing
of the spectacular and little of
the dramatic i'm the closing hour
of the great inquisition which
has proved the Nemesis of the
outlaws who shot down Judge
Massey, commemorative AttOr-
ncy Foster, Sheriff Webb, Juror
Fowler and Betty Ayers. On the
contrary, the scene, aside from
its significance, was devoid of
color or incident.
The crowd present was the
x-sae V..sN
the trial, and public expectancy
was not keyed up TO a high pitch.
For some reason the jury heSi-
tated long between a verdict of
murder in the first degree and
verdict of murder i'm the second
degree. All signs pointed to
mistrial.
The twelve men retired with
the instructions at 2:25 yesterr
day afternoon, and when court
adjourned last night at 8 they had
not been able TO reconcile their
conflicting views.
Two jurors held out for a pen
itentiary term, while the others
stood for death i'm the electric
chair. Possibly they would have
continued TO disagree had not
Judge Staples this morning
charged the jurors against dog
matiSm and stubborn adherence
to individual views.
With this injunction ringing in
their ears, the jurors retired at
9:3O this morning and at 1910
a knock at their door announced
that they had come TO a mutual
understanding.
But their first verdict, though
finding the defendant guilty of
first degree mJrders was tech
niCaliy defective and another re-
tiTciaCnt was necessary. Ten min
utes later all the requirements of
the law had been met and Floyd
Alien realized his position.
Ten To Two on First Ballot.
on the first ballot the jury stood
ten for murder i'm the first degree and
TWO for murder in the second degree
The two in favor of the milder punish
ment were Williams and James. The
latter was the first to come over. viii.
liams only changed his views after
the judges second charge. delivered
when court assembled at $50 this
morning. 1t is well for him that ht
did, as the town somehow knew he
was waVering and great indignation
was expressed at his conduct.
Floyd Allen, on hearing the verdict
expressed TO his lawyers a wish tC
make a statement to the jurors.
He desired to tell them that they
had convicted an innocent man, but
the lawyers advised him to remain
silent, and this he did.
on the whole, ii must be admitted
that he accepted the verdict with re.
GOODNESS and without any
change of features.
The old mountaineer will hardly bt
sentenced to death until after the
trials of his kinsmen are concluded
Ii may be several weeks before the
dreaded words are sounded in his ears
Attorney Willis made the usual mo.
ton to set aside the verdict as con.
trary to the law and evidence, and
the motion was promptly overruled.
The motion for a deferred sen
tence was readily allowed.
Judge Staples to the Defense.
Judge Staples. in this connection
said:
81, of course, realize the value ant
importance of the testimony of thi
defendant to those jointly indicted
with him, and i see no necessity which
would override this Importance anC
which would justify the court in de
nying the other defendants the benefi
of his testimony. AT the same TIM
there were considerations as to VIII,
your motion should 5e passed upon
Il feel that the proper course is t
pass upon your motion and let tn
order show it, but not at this tim
will 1 sentence. That can be done a
any time during the present session
of court.
But the motion to set aside tn
verdict can raise no question that ha
not been given careful consideration
by the court. In all matters whel
/ had any reasonable doubt as to tn
evidence for the prisoner have ad
mitted it, and / have also excludet
commemorative evidence about which
entertained any doubt. AS to tn
ground that there was error in tn
instructions, those matters were thor
oughly discussed by your associates OF
the one side and the attorneys for tn
Commonwealth on the other. NJ
proposition of law was overlooked.
THE contention that the verdict 4
contrary to law and evidence I dom
think it necessary for me to under
take to review. My mind is satisfied
that the evidence plainly supports tn
verdict"
Floyd Had Nothing to Say.
Floyd Allen had not a word to ga,
to anyone when he rode back to tn
jail in the automobile, which, 70
nearly three weeks, has borne hin
back and forth to the scene OF hi
trial.