The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-09
EVIDENCE IS
AGAINST ALIENS


day may truly be called a day OF
trouble for old man Floyd Allen.
Little in the way OF testimony Of
/ fered either at the morning or after
| noon sessions OF court was calculated
to give comfort TO the prisoner or to
his counsel Indeed, most of those
who heard the evidence regard il as
decidedly injurious to the cause OF the
accused.
Three witnesses, Judge ID. w. BoIen,
James y. Early and w. +. hester,
were positive that they had seen him
draw his pistol just before the scene
OF carnage began. Judge Bolen was
one of Floyd Aliens lawyers at the
time OF the tragedy. Early and Mes
ter were members Of the jury which
found the old man guilty of attempt
ing to rescue one of the Edwards
| boys from a deputy sheriff.
/ other witnesses testified to hearing
Floyd Allen make ugly threats. One,
$. b. Weddeli. heard the desperate
mountaineer say two days before the
tragedy:
I viii kin Bill Foster (the Com
goes down tomorrow night If L am
convicted"
Another, Thomas S. Coulson,
shrewd young sewing machine agent,
who Lives at the foot of the noun
tains'' in the Fancy Gap district of
/
friend that if he did not get a fair
trial, or IF they fooled with him."
he would make the biggest hole in
| that courthouse of any man that had
ever been there"
A third witness, E. NJ. Cooley. SUI
perintendent of schools in Carroll,
also told of quarrel Floyd Allen had
| had with Commonwealth Attorney
Foster and of the prisoners expressed
purpose to kill Foster If he learned
that the Commonwealth Attorney
was the author of a certain letter re-
flecting on the accused.
Not Close Friends of Goad.
In vain the attorneys for the de-
| Tense tried to shake the statements
of these State witnesses. They re-
fused either to recant or to allow
| themselves to be tripped. Nor would
they admit that they were "close DO
litical friends" of Clerk Dexter Goad
Ia question often asked.
One witness. w. A. hester, a rather
unsophisticated farmer. misconstrued
the meaning OF the term "close
friend" He denied such a relation
ship, saying that he lived four or five
miles from the accused. Closeness of
friendship, in his mind, meant propin-
guilty of residence But even after
the term was explained to him he de-
MED being a close friend Of the pris-
oner's.
Briefly summed up the first days
evidence seemed to show conclu-
sively-
4. That after hearing the YER
dict Floyd Allen said i'm open
court that he would not return
10 prison with the sheriff.
=. That he fumbIed I'm his
sweater and drew his pistol just
before the shooting began.
3. That he fired several shots
i'm the court room.
4. That he fired several shots
after leaving the court room.
D. That prior TO March nth
he had made ugly threats, defy
ing the constituted authorities of
the law.
6. That he had threatened 20
Kill COMMUNICATING Attorney
| Foster.
Z. That he had threatened to
put big hole I'm the courthouse
if fooled with"
s. That the court officials did
not start the fracas.
] The evidence did not clearly show
1. That he fired the first shot.
?. That he deliberately aimed at
commemorative Attorney Foster.
3. That he gave any signal indicat-
ing preconcerted scheme to shoot
up the court
4. That the accused fired at any
particular individual inside the court
room.
8. That he ever made any reference
to a conspiracy to murder the court
officials
1t seemed pretty clearly established.
however, that once Floyd Allen FUN
bled his sweater in a deliberate eff
tort 70 reach his revolver, at least
two shots were fired from another
part OF the room. Judge Bolen testi-
ned to belief that the first shot
came from Claude Swanson Allen
Jurors Allen and hester were not GER
tain about this. Their memories were
confused as to this point. All they
knew was that a few seconds after
the accused assumed a menacing pos
ture pistols began to explode with
terrible rapidity.
Yes, They Were Scared.
Judge BOlen and Juror Early were
humorously frank in describing their
| of self-preserVation asserted them
selves. The judge, a huge man who
weighs at least $50 pounds. when once
the chaos manifested ITSELF laid him
self flat on the floor. In a minute or
so Floyd Allen, badly wounded, top
| he besought old Floyd to get up. He
| did not wish to invite fire.
| Juror Early. an intelligent country
man OF sixty-one, swore that he got
cumstances would allow. II got out
as soon as / could" is the way he
put II.
But retreat into the open did not
save him from further stress of mind.
Soon after reaching the outside of the
| building he encountered Floyd Allen,
pistol in hand and with the lust for
| blood in his vengeful soul.
| old Floyd, espying the juror, ex-
claimed: There is one of the damned
rascals. I will get you"
! But he didn't.
Although sixty-one years old, Juror
Early did some fancy sprinting.
He ran a Marathon with "Contin-
ued Life and the Pursuit of HapPi-
ness as his goal.
Il ran a best I could" the witness
naively put it yesterday.
And did you make much speed?"
asked a lawyer
7 guess I made all I could" was
the reply, which came with a sunny
smile from sunburned face.
Yes, Old Man Early ran some, and
then some more. He outdistanced the
one or more bullets Floyd Allen
pumped out Of his gun" in his di-
rection.
JurOr Ear1v lroauy avactIxy xrt,o+ 10