Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-04-30
NINE SELECTED FOR JURY
Lawyers for Defense Fail to &c
Case Continued.
SAY WITNESSES ARE ABSENT
Mountaineer, Leg in. Cast, Closely
Guarded by Detectives.
Recess Is Taken.

Special Dispatch to The Star.
WYTHEvuLLE, Va, April sO..Floyt
Allen. the Carroll county mountaineer
who is charged with being the instigato
of the shooting which sent Judge Thorn
ton L. Massie, Commonwealth Attorne,
Foster and Sheriff Webb Of the Carol
county circuit court, and two other per
sons to their deaths March IA, was ar
raigned for trial here today before Judg,
Walter R. Staples.
Allen was brought to court in an auto
mobile. and when he arrived a squad OF
four detectives took him from the ma
chine and carried him to the courtroom
When he was made comfortable, Detec
tive w. G. Baldwin, the head Of the de
tective agency which has charge Of tn,
hunt for the outlaws, took a seat imme.
diately at his side. A large crowd was
in the courtroom to witness the proceed
ings.
Judge Staples ascended the bench at II
o'clock and directed the sheriff to open
court. Allen sat with his counsel, five
Of the best known lawyers in the south
He was worn, pallid and weak. The con-
finement has taken away much of the
rugged appearance Of the mountaineer
|
fact that he is suffering and uneasy soon
became apparent. His right leg is still
in q cast, the result of wounds received
at the time of the shooting.
Objection by Defense.
Judge Staples, with the utmost coolness
addressed the attorneys for the state and
asked IL they were ready to proceed Col
Joseph c. Wysor of the prosecution re-
piled that the state was ready and that
the first case to be called would be that
Of Floyd Allen. who Is charged with the
murder of all three of the court officers
The first Indictment to be heard will be
that charging the killing Of the attorney
for the state, William NJ. Foster
No sooner had the case been called than
r. H. Willis Of counsel for Allen de-
clared that the list Of witnesses was in
complete, that material witnesses for the
defense were absent, and that without
them the defense would be unable to pro-
|ceed. The defense. then asked for q Few
to determine on their course. This was
allowed.
Judge Staples declared that If the de-
tense would hand in q list Of the wit
nesses needed he would dispatch the
sheriff with attachments, and would pro-
duce them In court forthwith. He con-
suited with defense's counsel, and then
refused to continue the case, the defense
noting an exception.
Lawyers in Hot Argument.
Col. Wysor. who is leading the forces
for the prosecution, said that the defense
should have used due diligence in getting
the witnesses summoned to court. and
that there was not the least reason for
any delay. The people demanded that
the cases should proceed. and certainly
there had been ample time in which to get
the witnesses, he said.
The lawyers for the defense and
those for the prosecution then had an
argument and Judge Staples put an
end to it by declaring that IL the law
yers had anything to say they should
address their remarks to him, that he
did not propose to fritter away time
before listening to arguments. This
served to put q damper on the lawyers.
Judge Staples statement was due to
the remark of Judge Hairston. address
ed to Col. WISER, to the effect that
tion was finding fault 50 soon.
At IL o'clock the list of witnesses had
been called. the veniremen summoned to
sit In the case were on hand. and they
were called ana sworn. Out OF the nfSt
twelve men called eight were chosen
for service, the panel requiring sixteen,
of which the defense will strike OF four.
leaving twelve to try the case. The men
chosen are Frank e. Nelms, G. B. Um-
boyger, w. T. Buchanan, George ]. Re-
pass. J. D. Phillippi, Greek r. James,
Charles p. Buck aud ]. Stanger Brown.
Recess Is Ordered.
The ninth juror accepted was Thomas
X. Philiippi. and then the panel was ex-
hausted. Judge Staples directed the
sheriff to summon another venire forth
with, and ordered a recess Of the court
until o'clock this afternoon.
The courtroom was packed all during
the session Of the court, there being
about twenty newspaper men on the
scene.
Wytheville Is a pretty and prosperous
town in the mountains. noted as a sum-
mer resort. There are hotels galore, and
the town has named q committee to see
to 1t that comfortable quarters are pro-
vided for the visitors. The same COM
mittee is seeing to 1t that there IL no
extortion.