The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-23
CLAUDE ALLEN Is ~
NEXT TO BE TRIED
Conviction Of Floyd Causes Uneasy
Feeling to Remainder of Prisoners.
WYTHEyu,LE, VA Suecial.

verdict against Eloyd Allen will
bring terror to the hearts OF those
Indicted with him.
The fatal finding of the Jury
wasNa tremendous victory for the
CommonNVealth, and it Is not UNI
reasonable TO assume that others
who participated In the shooting
VIII also so To the chair. Certain
1t Is that they, at the least, will
get long terms i'm the State prison.
The prosecution announced this
morning that on Monday it would
go into the trial of F1oyd's young
est son, Claude, a man of twenty
two. It declined TO allow him TO
be tried Jointly with his brother,
Victor.
Specifically speaking, the charge
on which Floyd Allen was con-
victcd was an indictment accus-
ing him of the murder of Com
monwealth's Attorney Foster. The
evidence did not by any means
concluSively, establish this. But
II was made plain TO the jury that
they could send the accused TO the
chair If they even felt convinced
that he had entered into con-
Spiracy which directly or indi-
rectly led to- the death of Foster.
Ii is quite likely that the twelve
men came 10 the conclusion that a
conspiracy had been entered into.
This seemingly would make
the chances of the other accused
far more slim. Floyd Aliens law
yers will have thirty days i'm
which to appeal after sentence is
pronounced on the prisoner.
Judge Staples may extend this
time If he sees fit so TO do, but
no matter what concessions are
made along this line, there seems
the Wythe Circuit Court.
Floyd Allen, the once defiant,
pistol-pulling outlaw, apparently
is the certain prey OF the electric
chair. OF that there is little
doubt. The only question now TO
be asked Is. "Will his wonderful
courage and physical endurance
sustain him TO the laSt?"
Following is the text of the
second charge" read to- the jury
by Judge Staples at the opening of
the court this morning:
"Such Is the magnitude of this
case and the importance of your
duties that I feel that must send
YOU back TO your jury room with
a few words of caution and adj
vice.
when a number OF men are
thrown into an intimate relation
for long period of time with all
their thought and attention CEN
tered upon one matter. there i a
natural tendency TO take different
views and positions I'm discussing
the matter which they are called
upon to decide. This Is not only
atural, but IL is desirable, III
-;C.c l. Co he that frank inter-
change OF ideas necessary TO an
intelligent cooperation and a sat
isfactOry concurrence. but along
with this tendency there is an
other tendency of the human mind
which il TO fix deep-roOted in your
own minds unwarranted opinion
i'm your earnest effort to convince
otherS-a tendency which III yield
Ell To- will destroy the very end
YOU have in view.
1t is not your power OF per-
SuaSion, the cleaTneSS of your
views. or the Justice of your mol
vidual conclusions, or the firm
ness of your mimi ana VIII winch
you are here sworn TO try and
determine, but the issue of this
case, which is the guilt or inno-
cence of the accused, and If you
lose sight of that issue in any
pride of opinion you have done
wrong TO yourself, an unintendcd
violence TO your solemn ObIiga-
ton, and grave injustice either TO
CuSed.
"When you were selected and
sworn TO try this case. the law,
which stands indifferent between
the parties, rep0Sed in you the
confidence that you would hear
without prejudice the evidence,
the instructions and the argument
in this case; that you would de-
Hberate fairly and frankly with
nd In, oil
earnestly endeavOr TO reach n Ver-
dict consistent with your just con-
VictiOns.
IF you clOthe yourselves with
fixed and settled opinions: If YOUR
mind il not open TO fair and frank
consideration of the honest views
of your associates; If you are not
willing 90 give to their views the
same consideration which you ask
or expect them 10 give to yours,
then YOU are installing obstinacy
Tor conscientious conviction and
consideration.
Let il not be said that the
confidence which was imposed in
you has been misplaced and Vio-
lated, that you have fallen short
of the measure of broad and
honest manhood, and that at your
door lies a sad miscarriage of JUS
tice either to the Commonwealth
or the prisoner.
Il am not ready TO believe that
any OF you Is man who can
deserve such condemnation. Ii is
easy to understand that the strain
OF your continued isolation may
have led you to haSty conclusions
taking TO your mind the appear
ance of honest convictions. L
should not, and would not, ex-
press or intimate any opinion as
to the proper verdict i'm this case.
That is left to you, and you alone,
but IL is left to your patient, hon.
est and frank consideration, to
the end that you may all of you
come to a just and proper con-
cluSIOn-nOt to an Issue between
yourselves of fiFmneSS or obStin-
acy.
snow, gentlemen, 1 expect you
to return TO your jury room.
Begin anew among yourselves the
discussion of this case. Let your
foreman act as the chairman over
your deliberations. Let one man
talk at a time in due order until
all have been heard, and let him
nave the earnest, patient atten-
ton of the rest. Let him speak
with moderation and with frank
ness, seeking to discover the truth
rather than TO impress his Opin-
ions. When he has finished let
each of you in turn question him
with courteous honesty as to what
has not been made clear or sug-
gest TO him where You approve
and can sustain him. If you have
difficulties upon any point make
them known to your associates,
and ask their friendly holm fo