The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-12
BY ALEXANDER roRwAnD

Wytheville. Va. May 11-Takinr OF
evidence In the trial of the Common
wealth of Virginia against Floyd Al
ZEN charged with the murder of Will
liam NJ. Foster, was cYmpleted this
afternoon. The prisoner himself was
the last witness. When he left Tho
stand which he had occupied most OF
the day. the defense rested. and mr.
q orlef consultation. the attorneys
,or the prosecution reported that they
had determined TO offer no rebutt,i
10 the testimony Instructions pro-
posed By the Commonwealth were ar
Sued late In the afternoon, and those
oHered by the defense were discussed
.o-nisht- Both sets We're taken under
AMUSEMENT by Judge Waiter r.
Staples. who will render his decision
Monday morning. -
1t seems likely that The case SF
get 10 the jury by Tuesday aftcr,r.,h
me attorneys are TO agree on an "
sion or time. and two days IS believed
nS the court to be fairly reasonable
TO cover the whole proposition.
Claude Next for TrinI.
AT present the intention is to put
Ciaude swanson Allen on as soon as
tne Floyd Alien case Is disposed Of
rms Is. OF course, provided a verdict
OF hrst-degree murder is secured.
'itiy IL PRISON sentence result,
the prosecution expects to arraign
Floyd Allen again on another of the
TOUR remaining indictments against
him. to proceed with his prosecution
until a jury has meted to him the
full measure of the law.
The prisoners testimony was devoid
of anything of remarkable interest,
and 1t was. 1t Is generally felt, dis
tinctly hurtful to his own cause. Hn
contradicted too many witnesses and
gave such apparently unsatisfactory
explanation of his actions that tho
attorneys for the prosecution were
much pleased with the showing he
made.
The contention of Floyd Allen is.
briefly, that he would have gone
peaceaoly to Jail ut the direction of
Judge Thornton L. Massie but for tho
overt act of Clerk Dexter Goad. who
pulled his pistol partly from his
pocket, winkng at Sheriff L. F. Webb
he did so: that this SO enraged
him that ne announced he would nor
go to jail; that Sheriff Webb fired the
first shot. that he himself did not dre
until after he had been wounded: that
one of his own four shots went to
the ceiling, one into the table in the
bar, and the other two in the direc-
tion OF Clerk w. c. Quesenberry,
whose fire he returned.
Had Made No Threats.
lie prisoner lurlNer commended that
he fired shots outside the court
house, save two at Clerk Goad; that
he did not shoot at Juror James N.
Early, and that he had made no threats
whatever against the lie of Common
wealths Attorney William NJ. Foster.
All idea of conspiracy hc denied abso-
lutely.
Witness after witness has testified
that the first shots came from the
northwest corner OF the courtroom and
Judge Bolen saw the first shot from
the pistol OF Claude swanson Allen.
Mr.. Perry, a Leading citizen of Carroll.
is positive that Floyd Allen. with a
horrible oath. fred twice at himself.
The prisoner admitted that he had
no reason TO think Clerk Goad was go
ing to shoot him, and that he could
have at once claimed the protection
OF the court when he saw the clerk
grasp his weapon. He gave as HIS
reason for carrying pistol the at
titude toward him OF former Deputy
Sheriff Samuels. who. however. has
been in North Carolina for some time.
\ most remarkable statement made by
the prisoner on the stand was that this
late Judge Massie told him he might
carry a concealed weapon. in violation
OF the law, and advised him to get
smaller one than the enc that was
showing so plainly in his clothing.
Instructions Argued.
Many OF the Instructions offered by
the prosecution and argued in the IL
brary Of the Supreme Court OF Appeals
this afternoon. are exactly similar to
some OF those In the McCue case. They
cover intent. degrees of guilt and tho
relative duty and responsibility OF the
Commonwealth and of the defense.
These We're in the main agreed to by
counsel without argument.
But when specific facts were referred
TO. the result was different. One OF the
instructions tells how 81 Judge In
structs q sheriff To take charge of the
prisoner when the jury has found him 8
guilty OK felony and tic prisoner re-
sists. the sheriff has right TO use
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