The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-28
Defense Seeks to De-
stroy Case Built Up
by State.
FIRST EVIDENCE
NOT VERY STRONG
Chief Witness Proves More
Profitable to Commonwealth
Than to Accused, and Byrd
Marion's Testimony Is of
Doubtful Beneft-Judgc
Rebukes Lawyers.
Especial From stan Correspondent

Especial From STAFF Correspondent
"ytheville. Va. May 25.--A simple.
uncducated mountain farmer OF Car
roll county matched wits with one OF
the keenest crosse examining lawyers
OF southwest Virginia for more tina n
an hour to-day and suffered little
from the contest
Byrd Marion. jointly indicted for
completely III tho HilIsyilie courthouse
tragedy OF March IA with the Aliens
and Edwardses. this Afternoon testi.
fed in behalf OF Claude swanson Allen,
VINO has been on trial week for the
murder OF Judge Thornton L. Massie
in the shooting that startled the coun-
Try over two months ago.
After Attorney II. HOLMAN Willis,
chief counsel for the defendant. had
led Byrd through the story OF the
carroll county affair as Byrd viewed
II the feature OF the day came when
Attorney Waller 5. Poage. OF counsel
Tor the Commonwealth, conducted a
rigorous cross examination.
Whenever Mr.. Poage became too
penetrating in his queries Byrd re-
sorted TO the customary safeguard Of
the mounta!neer: II don't recolect."
the States attorney By answering with
totally Irrelevant replies that proved
more than once annoying to the
lawyer
Not Much Help to Claude.
1t is doubtful il Byrd Marion tcs-
timony helped ude--indecd. the
Commonwealth tonight expresses a
contrary View entirciy-but at least
his testimony did no great harm to
the cause OF the young Carroll coun-
~ man, whose father is under suspend
ed sentence OF death for crime COM
mit,ed AT the same time Claude is al
legged TO have murdered Judge Massie
The defense seemed at first reluct-
ant TO put Marion on the witness stand
this afternoon, but when the midday
train did not bring expected witnesses
Attorney Willis called Byrd to tes-
tify.
Escorted from the iail by 4 couple
OF BaldwinFclts detectives, Byrd
created interest as he marched into
the courtroom. where few days ago
he had been released under $1,000 bail.
only 10 be rearrcsted the same night
at Pulaski and brought back to the
Wythevillc Jail. Byrd vas dressed in
the same suit OF clothes that was
given to him at Galax by some women
when tho prisoners were brought here
from Eillsvillc jail the time the change
of venue was granted on April -. II.
was handcufed from the time he left
the jail until he entered the court
room.
Byrd MnrIop's story.
Byrd Marion's story. summarized
was as follows:
y was feeling sick when was first
til the second day. think IL was
Tuesday, and testified that day.
The day that the trouble happened
went into the courtroom just after
court had opened and sat down on the
bench by the stove in the north side
OF the room. When the judge came
In and handed the verdict TO the clerk.
somebody fixed it up-I think Mr..
Foster did some writing on paper
the verdict was read. Floyd Allen got
a year in the penitentiary.
Then Judge Massie told the sheriff
to take charge OF the prisoner. ana
Floyd rose M and said. Gentlemen. |
amt going Then the trouble started
right there
There was Il shot fred, and 4 lot
OF US made for the door. Some one
knocked me down. and I was feeling
sick, but I did manage to get out of
the door without getting hurt much.
First went TO the stable back of the
Thornton Hotel, and then I went down
to the Blankenship Stable. saw Floyd
there. and he looked as il he was
dying.
Later DR.. Nuckols had Floyd taken
on a cot to Tom Halls hotel"
Attorney Willis led Byrd through
questions that Byrd answered in a
ready manner, the witness denying
that he had had Il pistol or had seen
anybody shoot in the room. He adj
mittcd, On REORGANIZATION, how
ever. that he had seen Claude and
Sidna Allen with pistols in their
| hands. Sidna standing on the steps
leading to Judge Massie's chair and
pointing his pistol in the direction of
the Judge or court officials.
Cross-Ex Examination by PONCE.
| Attorney W. S. Poage cross-cx-
amined Byrd, and his first question
( proved puzzling to the witness:
III Floyd Aliens casa had been
! pending since the May term before.
why was it that he just had you sum-
moned for the March term?"
After pause, Byrd answered:
| We'll. can't exactly answer you
! that. sir
We're you in the courtroom the
| day before the shooting?" asked Mr..
Poase.
! Yes"
4 Didn't you tell Peter Easter there
that II Floyd Allen was convicted in
that trial there would be trouble"
| Byrd regarded Mr.. Poage a brief
moment from the corner of his eye,
| then answered with q toss of his
head. mo. stree"
Didn't you tell Attorney Ward
Tompkins in his office the day before
Il shooting-when you went to his
office and had a few drinks with him
| that IL Floyd Allen was convicted
there would be some trouble?"
No. stree" repeated Byrd. III I