The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-10
Daniel Thomas Repeats
Massie 'sAnte- Mortem
Declaration.
WITNESS TELLS
DRAMATIC STORY
Defense Continues It's Efforts
to Disprove Charge of Con-
spiracy-All Evidence Ex-
pected to Reach Jury by
Notwithstanding
Talk Stirs Court.
by ALEXANDER FORWARD.

BS ALEXANDER FORWARD.
Wytheville, Va. May e.-"Im dying;
oh. I'm dying. Sid Alien shot me-"
This was the ante-mortem declaration
of Judge Thornton l. Massie. made a
few moments before he paid with his
life for his fidelity to justice and for
his fearlessness in enforcing the law
in Carroll county. Evidently Judge
Massie knew that the fatal shot had
come from the corner of the room
where, 1t has been repeatedly testi-
lied. Sidna Allen and Claude Swanson
Allen, standing together conducted
their part of the firing. There Is
strong evidence to the effect that
Claude fired the bullet which ended
the jurist's life, SO that the latter may
nave been, and probably was. mis-
taken.
with tears streaming down his
cheeks Daniel Thomas an aged citizen
of Carroll gave this afternoon by far
the most dramatic account yet heard
OF the Hillsville court room tragedy.
lie it was who ministered to Judge
Massie In his dying moments. This
witness also gave further indication
that the judge had reason to expect
his death. motion for bail follow
ing the convention of Floyd Allen for
to n new trial had Just been denied
All was silent" said Mr.. Thomas.
Judge Massie said nothing for half
minute. Then he said quickly:
Sheriff. take charge of the prlsoner.'''
Witness for Defense.
Mr.. Thomas was introduced as n
witness for the defense. He was In
thought the first shot was fred be-
tween his position and the clerks
desk which was where the officers
were. He stuck to his statement.
but the weight OF evidence. including
that OF many OF the defenses own wilt
nesses. is against him. and to the ef-
feet that Sidnn Allen and Claude AL
len began the affair.
Most OF the details as seen by Mr..
Thomas. have been told and retold.
He went into the affair with great
circums tantial!ty. After helping out
OF the court room q woman who was
pleading for protection for her baby.
the witness returned and saw Judge
Afassie move, in his huddled position
on the floor Mr.. Thomas went to as
sist him. judge Bolcn came out OF the
bar and went first to the body of
Sherif Webb He said: Lew are you
dead?' Then n looked at Juror Fowl
cr. who was lying fatally wounded.
Then both attended to Judge Massie,
and while Judge Bolen went fos ply
sic!an. Mr.. Thomas heard the dying
declaration OF this man who had looked
death In the face in the call OF duty.
Only four witnesses remain to be
put on the stand by the defense. They
were not at hand to-day, and court
adjourned at 5 o'clock. Including re-
buttal and sur-rehuttal. all evidence
In the trial OF Floyd Allen for the
murder OF w. NJ. Foster should BIO be-
fore the jury tomorrow night. unless
Floyd Allen is examined and cross
examined at great length. He may be
the last witness.
Incendinry Talk.
Il hope Floyd Allen will put a big
ger hole in the Wythe courthouse than
he ever did in the one in Carroll" IS
the remark attributed to-day to Camp
bell Crowder. citizen of WythSv,lle.
Crowder was taken before Judge Sta
Piles by Baidw!n-Felts detectives and
invited to explain. He was abjcct IN
his apologies, and the court suspended
Il contempt sentence conditioned upon
Crowder's future good behavior. In
cendiary talk OF this character would
not he tolerated, said the Judge.
Jasper (Jack) Allen was on the
stand to-day. but his evidence was not
remarkable. He told Of sending money
to town by his son. Friel. who Is
charged with being one OF the con-
spirators This is intended to show
why Friel was sent to HIllsville at the
time OF the shooting. 1t was also
proven that S!dna Allen had made
rnmediately preceding the tragedy.
Ono other witness besides Mr.
Thomas had thought the first shots
came from where the officers were.
but he was not sure.
Altogether the defense is not being