The Union times. [volume] (Union, S.C.) 1894-1918, 1912-11-29
FIFTEEN YEARS
FOR SIDNA ALLEN
Clan Leader Convicted of Second Degree Murder After
Jury was Out 18 Hours-Alen to be Tried Again
Dec 2, for Murder of States Attorney
FOster-Receves Verdict Calmly.

hide himself behind his wife and chill
dren and take refuge in their inno-
| cence. But nearly every criminal, he
said, has a wife and children, and if
we are to let crime go unpunished be-
cause the punishment of it would in
volve suffering to those who did not
deserve to suffer, nobody and nothing
would be safe.
Mr.. Willis had declared his personal
friendship for Claude Allen. Yet in
this case he had stood up and de-
clared his belief that this personal
friend of his had killed Judge Massle.
Probably if Claude had been on trial
they would have tried to put the kill
ing on Sidna. It was the man before
the jury who always was innocent ard
somebody who had been tried Or was
to be tried who did the killing.
Mr.. Wysor recited the law, declar-
ing that in Virginia the killing of a
human being is prima facie second
degree murder; that it is on the State
to prove it to be higher grade Of
murder, or the defense to prove it to
be lower degree or no murder, il it
could. The law presumes the killing
of man with deadly weapon in
previous possession to be first degree
murder. Conspiracy can be implied
from conduct. If, without previous
agreement, number of persons acted
in concert to take life, all were equally
guilty. In this case five near relatives,
all with grudges and causes of malice,
were present at the same time, all
fired at the same person and pra.-
tically at the same instant.
1t has been contended by the Sc
fense that the officers had no right
to be present armed; but it seemed
to be assumed that the Aliens hsd
the right to be there armed to the
teeth. The truth was that he officers
of the court considering the warn
ings they had received and the knowI-
edge they had of the character of the
men with whom they had to deal,
should have been armed. The pity was
they were not better armed and did
not use their weapons more quickly
and effectively. Place, means, mo-
tives opportunities and conduct all
proved the purpose-the deadly pur-
pose-of the Aliens. Floyd was de-
termined not to go to Jail. The two
Edwards boys, his nephews, had been
sent to Jail by Judge Massie and res
cued from custody by their uncle.
Sidna Allen was under indictment in
the court and was to be tried by the
same judge before whom his brother
had been convicted and had an old
hate against the Court and a pur-
pose to destroy it which he had ex-
pressed before undisputed witnesses.
Floyd Allen had declared his pur-
pose to make hole in the court. He
made it. He had declared that ne
would kill Bill Foster before sun
down. Foster was killed. He had dis
played sugar bag half full of cart
ridges and said that with those he
would set aside the verdict if it was
against him. He had set aside the yer.
dict with the cartridges because he
and his fellow conspirators killed the
judge, the sheriff and the prosecution
officer w." ~ of the Jury,
d left the verdict set aside to this
day, bec. nobody to de-
clare and force it. With eloquence and
force, Mr.. Wysor defended Clerk
Goad, who, he said, had acted the
hero in defending the court and in
preventing the butchery on the streets
of Hillsville of more jurors. He rang
the charges on the exclamations of
Floyd and Sidna Allen outside the
court house, "kill every damn one OF
them." Deliberately. he recited the roll
of the witnesses who contradicted
Sidna Allen who accused him of mur-
der and of active part in the con-
spiracy. He said Sidna Allen was con-
tradicted twenty-five times on vital
points, by living witnesses and by the
voice of Judge Massie's grave, the
last message of that great jurist to
world. 1t had been proved that
Sidna Allen had reserved store on his
person of at least twenty cartridges,
because. he had reloaded his pistol
four times. Why did he have these
extra cartridges, if he went there
merely to attend court and be wit
mes at his brothers trial? According
to the theory of the defense, Foster,
Webb, Massie and Fowler were killed
by bullets fired by officers from their
right sides, all ranging to the left.
The net result of their work was that
they killed five persons, wounded five