The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-08
DEFENSE WILL
TRY TO EXPLAIN
Most Important Evidence of Day
Given by Keeper of Feed Stable
at Hillsville-With Excep-
ton of Two Witnesses,
Commonwealth Com
pletes It's Case.
BY ALEXANDER FORWARD.

exception OF the evidence of two be.
iateo witnesses who arrived from Car
ron tonight. the Commonwealth has
completed its case-in-cniet arains,
fioyd Allen for the murder OF SXn.
liam ~. Foster. Probably mo, moo
'han an hour VIII elapse after court
meets tomorrow before the defense
WIZ begin the introduction of evidence
In its behalf
EarIy In the afternoon court Will be
SuJonrned until Thursday morning
I'm. his Is made necessary b. term OF
INC circuit cour; Of Pulaski county.
which Judge staples must attend. lie
VIII merely set a case for trial
me most important evidence OF tho
DAY WAS given h. James H. 8lanken-
IMP. VINO conducts feed stable in
ilisNlile- lie heard a conversation on
Inc morning OF the tragedy. when
Floyd aud Sidna Allen rode into town
teectheF. When asked IL they desired
their horses placed in Z certain stable
iloYd replied: no. We haven, 90,
long 70 stay" This was jus, before
verdict was expected in the case in
which he was on TRIAL.
Efforts VIII be made b" tho defense
To explain this remark II VIII he
eaid That Floyd Allen asked the man
20 whom he was talking to hitcn
MS horse. as the courthouse he'll was
ringing and he could not stay.
Evidence In Dispute.
some evidence which was in dispute
was offered by the arosecGtion John
T. Cochran WAS on the stand. and was
atHed regarding the behavior Of Friel
Allen and Wesley Edwards on the
morning OF the shooting The Young
men had come to his house for break
iast He began to tell what Fricl
said. when stopped Tho attorneys
cochran knew was that the boys had
occn eating only few moments when
the courthouse belt rang Frlel mmped
10 his feet and said: The bell is ring
Ing and we must go You know ve
have to go" Then both Friel ana
mouse. forgetting their ovcycoats in
their haste.
This, OF course. was intended TO
show the conspiracy which the Com
monwealth seeks To prove. But Judge
Staples said Tonight it was OF ques-
tionaole legality. and the prosecution
decided TO withdraw it.
An interesting feature was barred
by the ruling OF the court when an
exhibit OF the bloody clothing OF w
vi. Foster was prevented. The defense
said It would not seen to contradict
any Of the evidence regarding the 20
sition OF the fatal wounds, and the
dispute on this point. it was improp-
or 10 introduce an exhibit which might
prejudice the jury.
According TO Eeputy- Sheriff z. e..
Gillespie. Sidna Allen fired the FIRST
shot. Tho weight OF testimony. how
ever. seems 10 be that 1t came from
the pistol OF Claude Swanson Allen.
Judge D. w. Bolen to-day received
the following letter:
Norfolk, Va, May g.
Dear Hon. .. w. Bolen:
Public opinion here is all in the
Aliens and friends favor. Hope you
do the best for them. l heard promi-
nent men here wish they get off Do
the best you can for them"
CITIZEN"
Floyd In Tremor.
Sheriff Webb advanced temporarily
upon the prisoners when ordered by
the court to take charge. according
TO Mcneil Surratt. the first witness of
the day. The position OF Wetb's
hands. Joined carclessly in front was
Indicated. on the other hand. Floyd
Allen was in tremor. AS the witness
fed to the jury room, he heard a shot
Tho sheriff. FAR he could see.
had no pistol. When W. NJ Foster
came into the room. dying. Surratt
saw a pistol in the Comm onwealth
attorneys hand. The cross examina-
ton by c. f. Cooke revealed nothing
OF interest.
Fl. *. Lindsey heard Floyd Allen
"swore and be damned If he was GO
ing to Jail. The witness was n mem
Der OF the jury which tried Floyd. The
prisoner drew pistol and began
shooting in the direction of Foster
and Webb. After ten or twelve shots.
perhaps. had been fred. Lindsey saw
n man in front OF the bar shooting at
Judge Massie This is aorroborative
of the witness who OIL yesterday told
how Sidna Allen fred at the Judge
when the latter was already in a dy-
ing condition. Lindsey did not see
Webb with a pistol. He told the at
torneys for the defense that he heard
no shots before he saw Floyd Aliens
pistol, but probably others fired be-
fore the prisoner.
Mr.. Willis seemed curious to know
the origin of so many expressions SIM
ilarly used by the Witnesses such as:
1.-THE motion was overruled" and 1.-THE
northeast corner of the courtroom"
and 1.-THE verdict was amended" W.
w. Hodges heard Floyd Allen utter
an oath when he said; Gentlemen. !
am not agon' anywhere" The pris-
oner fired twice at the officers, while
the sheriff also got his pistol. Floyd
Allen shot on tho court green at
Juror Faddis and others
oss-eXamined. Hodges was posi-
tive that Sheriff Webb did not draw
his weapon until Floyd Allen resisted.
shoots mt Floyd Allen.
Deputy Sheriff Il. c. Gillespie
thought he saw Sidna Allen fire tho
X" CONTINUED on Seventh .Page.)