The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-09-20
STAPLES TO HOLD
COURT IMCARR0lL
Designated to Preside at Ar
raignment Of Sidna Allen
and Wesley Edwards.
FLOYD AND CLAUDE APPEAL
Will Ask Supreme Court Tor
Writs Of Error-May Fight
Change Of Venue.

NhoAASS VI N'se<'
Prompt action will be taken look
ing to the trials of Sidna Allen and
Wesley Edwards for their part In the
murders in Carroll County's court
house on March IA. Judge Waller X.
Staples was designated yesterday by
Governor Mann 10 preside at the pre-
liminary hearing. He will leave Roa-
noke Sunday, and will open special
term OF the Circuit Court OF Carroll
County Monday morning.
A special trial Jury has been sum-
moned in Carroll. which may or may
not serve. The two prisoners will be
arraigned. and will plead guilty or not
guilty to the five indictments for MUIR
der found against them about a week
after the tragedy.
May Change Venue.
The next question to be decided Will
be the place Of trial. 1t is the under
standing that no application will be
made by the prisoners for change
of venue. since Sidna Allen. at least.
desires to be tried in Carroll 1t is ex-
pected the attorneys for the Common
wealth will ask for q change OF venue
to some other point. II this IL resisted.
argument will result, and Judge sta
pies will render his decision. specify
ing the place Of trial IL he decidess on
removal.
In many quarters the action OF the
attorneys for the defense in asking
for a change of venue last April has
been deemed Of questionable tudg-
ment, since in Carroll there are many
Allen sympathizers. some OF whom
might get on the jury and make It
easier for the prisoners by reason OF
that indehnable pceconceived predilec-
ton which turks in the human mind
Should Judge Staples decree change
Of venue to wytheville or any other
point, IT will be necessary for the
Governor to name a Judge TO preside
at the trial. since the designation OF
yesterda" is only for the term in Car
roll There IL. however. no reason to
doubt that Judge Staples will be asked
to sit. since he knows more about the
points in the case than any one else.
Got Jury Elsewhere.
A jury will be summoned from some
other county than Wythe. for IL was
exhausted m securing men without
convictions as to the guilt or innocence
of the accused long before the trials
were ended Eastern Virginia may be
invaded for venires in the concluding
trials. 1t will be matter for the
prisoners to elect IL they will be tried
together or separately, and the latter
will be the course if precedent Is fol-
lowed
J. c. Bixton, Of Mount Airy. n c..
has been retained as attorney for Sidna
Allen. Members Of the firm OF Hair
ston, Willis & Hairston, Of Roanoke.
counsel for the prisoners who have
81 foH
they have declined to represent the
two remaining men under indictment.
Coke & Cooke, Of Roanoke. represented
Sidna Edwards, while Judge Nicholas
p Oglesby, Of Bristol, was attorney for
Friel Allen. All the lawyers. however,
helped in all the cases.
Ine lawyers for tia prosecution will
be the same-Joseph c. Wysor and
John S. Draper. OF Pulaski: Waller
Staples Poage. OF Wytheville. and Com
monwealths Attorney S. Floyd Lam
dreth, of Carroll II the trials are held
at Wytheville. the prosecution will
also be assisted by Common~ealth' 5
Attorney Stuart B. Campbell. 81 that
town.
Prepare for Appeal
Judge n. H. Hairston has stated tina,
his time for the present will be oc-
cupied in preparing the petitions for
writs OF error in behalf OF Floyd Allen
and Claude Swanson Allen. who are
under sentence of death on November
exception will be prepared and. after
being agreed on with the court, will
be presented with the petition and
record to the Supreme Court OF APP
peals. That tribunal, which will meet
in Richmond. November s. may take
1t up at that time. or. II the papers
are presented earlier, they may be act
ed upon in vacation Should a writ
Of error be granted in either case. 4,
must come up for argument in term
The principal plea in Floyd Aliens
| case IL that Judge Staples urged the
jury, after il had been out many hours
to bring in some verdict. In behai!
Of Claude Allen. it is pointed out tina,
he was found guilty Of murder in the
second degree, ard given fifteen years
IN the penitentiary, and afterwards
placed on trial on another indictmen,
and given a death sentence. The poin,
| is that the conspiracy was all the same
offense. Attorneys for the Common
wealth believe IL will be dificuIt "a
show that the jury did not think
Claude actually fired the shot which
, was convicted the second time Thi.
would eliminate the contention Ia,
he was twice placed IN jeopardy for one
onense.
Friel Allen. sentenced to eighteen
years. and Sidna Edwards sentenced IA
! fifteen years. will be put TO work Mon.
day morning in the state Penitentiary
! They will probably labor in the sho,
shop.
MIST Eu 3 Nance