The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-23
Judge Bolen Gives Startling
Testimony in the Case
Against Young Member
of the Allen Gang
WITNESS DESCRIBES
I1ILLSVILLE SHOOTING
Much Of the Evidence Repeti-
ton of That Given in Floyd
Aliens Case-Jury
Was Secured
Yesterday

WYTHEyII.LE, VA, May 32.--
BYRD Marion, one of the six prisoners
arrested as a result OF the Htllssiile
tragedy. was released from jail this
afternoon, being recognized in the
sum of $1,000 for his appearance at
THE July term of Wytheviile Circuit
court. The motion was made by Attor-
Hey Wysor, of the prosecution, who
stated there was no material evidence
lconnecting him with taking part i'll
the alleged conspiracy- Marion app
peared greatly relieved at obtaining
his freedom.
Following the selection OF the jury
this morning to try Claude Allen and
opening statements by attorneys,
Wysor. for the prosecution, and VIII
| lis, for the dcnfense. the taking of tes-
/ ttmony was begun this afternoon.
Much of thu evidence was practically
the same as given at the trial of
Floyd Allen.
saw judge Massie shot,
Judge u. w. Boien. who was rep
resenting Floyd Allen in the trial that
| precipitated the tragedy, testified THAI
| he saw Claude Allen fire the shor that
| struck Judge Massie In the shoulder,
! a squirt of dust from the judges coat
| indicating q hit. Judge Massie was
1 at the time looking at Floyd Allen.
Other shots quickly followed Claudes
and soon there was a regular fusi-
| lade. Judge Boien stated he could
not accurately locate sound by ear,
Ills hearing being defecyiye. His eye
i sight, when tested by the defense on
{ da~ hanpfn1 nf tha wHif
| proved excellent. The witness saw
/ the gleam of a pistol under Floyd
: Aliens coat before Claude shot, he
said. In answer to q question. he
said he saw nothing during the prog
| ress of Fioyd's trial To indicate con-
! spiracy Questioned by the defense,
/ he stated he had never heard any
! thing against Claude previous to the
| IIlllsvi!le affair and that his reputa-
| ton was good. He also gave Victor
| Allen a good reputation. Much NJ
| his evidence was repetition OF that
| given in E'loyd's case and had to do
with the general circumstances sur
/ rounding the shooting, the location OF
| members of the Allen clan at the time,
| and such details Claude Is charged
with, the murder of Judge Massie.
| Judge BoIen Corroborated.
! ". =. Tompklns. the next and last
| witness, a Hillsville lawyer. said he
| heard two shots. from, the porthea st
| corner of the court room. looked and
| saw Claude and Sidna Alien stand
| Ing on bench with pistols trained in
! the direction of Judge Massie. He
| testified Sidna Allen had fierce
! smile on his face Just about the
! time the shooting began.
! Mrs. Victor Allen, accompanied by
| u friend Miss Mcclure. was present
/ in the court room awhile this after
! noon having come here to see her hus-
band. On her lap was a golden haired
| little girl tive, or three years old.
her white dress contrasting with the
! neat black worn by the mother. Dur
proceedings Mrs. Allen went oevr and
! inr q brief intermisslon in court pro-
| csedings, Mrs. Allen went over and
! speht d few minutes talking 10 the
! prisoner her brother-in-law.
! The presence of several women
! from a carnival troupe now located
| here, gave q spice OF color TO the
I. scene outside the ratings.
The prisoner appears deeply in
! terested in all the court proceedings,
/ and during the examination of wit
| nesses held one or two whispered con-
fcrences with his attorneys.
| Scores, Newspapers.
During his opening statement Tor
'Stile defense Sffs morning Attorney
Willis prefaced II with a fling al
newspapers in general and later on
| mentioned one by name for an addi-
/ tional rap He charged that the news
papers had been printing misleading
stories concerning the Hillsyilie at
fair for the purpose OF creating SEN
| timent for conviction OF the defen.
i dants In order 10 sell more papers.
little further on he requested the
Judge TO instruct the jury that the
| report In certain paper. soon after
III. verdict in Floyd's case. to the ef-
| feet that had certain member OF
the Jury caused q hung jury he would
have been arrested on the charge Ct
perjury, was mere idle rumor.
Attorney Poagc thought the attor-
rey was departing from the proper
line of an opening statement and en-
1 tered objection. Judge Staples said
the case would be decided on the Law
and the evidence and not on attor-
peyss statements. and that instrue.
tions would be passed on at the proper
time.
4 Attorney J. c. Wysor opened this
case for the Commonwealth. makinl
clear and brief presentation Of III,
facts he expected to prove.
Il The Jury.
4 Almost two and half days were
-. - =