The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-06-02
GETS Is YEARS
IN PENITENTIARY
State Immediately Announces Its
determination to Go Into Trial
OF Defendant for Murder of
Sheriff Webb-Prisoners
Taken to Roanoke
Jail.

"s.hc'iuc, Va, June 1.-After de.
TWO hours md n half, the
Jury In the case of Claude Allen mi.
afternoon found the Young mnn IL
OF murder In the second degree for
inc Killing of Judge Thornton ~
-"hssic' ana recommended that hfa
hishmcnt be fixed mt fifteen years In
'ne state Penitcntinry Mt Richmond.
sentence was suspended In order
'hht the prisoner mny testify In tho
other cases growing out of the shoot
ing up of Carroll County Court on
March Ii last. when the five persons
met their deaths mt the hands of the
Allen elan.
not mean that Claude Allen has eas
capped the electric chair. Four otheT
indictments against him are pendingt
on any one of which it is possible that
nc may be found guilty of first degred
murder. and the prosecution. takina
advantage of this fact sprung a sur
prise on the defense when 1t announced
mat IL would next go into the trial Of
Claude Allen for the murder of Sheriff
Lewis Webb. The defense raised OBJ.
lection to this. and the objection Will
Dc argued and passed upon when courn
reconvcnes July l.
Jury 10 Report July ..
Judge Staples gave Instructions foH
inc summoning OF a vcnire to report
on July ?, and remarked that he Ala
from Wythc county The prosecution.
Immediately moved that venire he,
summoned from another county. tha
aelense Directing. After witnesses had
80 eh examined as to the probability
VI ahother jury being secured in wvthe
the court ordered "A ven!re of foO 70 bo
summoned from Washington county
me case just ended was given to
tne jury at $3.50 o'clock This after,oon
~ 'ne nrst ballot taken stood nine
ny1,,, 50,
degree murder and ono for mansIarah
ter The second ballot was unanimons
neiore adjournment, judge
staples ordered that the prisoners be
raconv 20 me Roanoke jail pending the
ana fVe OF them left Tonight un6er
suaro or detectives Byrd Marion ala
not accompany them. being again raS
leased to-day under $1,000 bond.
Al this mornings session un "a
speeches. the last for each e,de
.orney X II Willis closed for the de-.
iehse. and Attorney Joseph G. Wyqo.
for the Commonwealth. "ssor
NJ wills exhausted every phase
VI the case from the defense's stand
p noins, ana argued in an adroit and
pa!nstakins manner. He departed
oiten. however. into long spells o.
Nituperatton against the best and
most damaging witnesses for the
prosecution.
The chief plea he made for the de-
,ehu"h' was that he had shot at Dex-
Ter Goad In seeking to save his father
Floyd Allen. from what he thoueht
was an attack upon him. No matter
II Siaude did shoot Judge Massie ac-
ciuentally. argued Mr.. Willis to the
Jury he should not be held RESPONSE
. ore TOT that murder because he was
firing In defense of his parent, as he
viewed 1t In the haste OF the mo-
ment.
Plea for Mercy.
Touching allusiona were made ta
the mother and the sweetheart who
mad stood faithfully by the prisoner
in the darkest hours OF his trouble.
Mr.. Willis closed with a plea for
mercy upon that sorcly stricken wo-
man who already had been bereft OF
her husband through his own rash
deeds
made the most eloquent and perhapa
the most forceful speech OF all. Hd
traced step by step the actions of Floyd
Allen. of Claude and the rest of the
clan preceding. during and following
the tragedy. Because the defense had
claimed that Claude was merely de-
Tending his father from a real or
fancted attack. Attorney Wysor told
the jury that therefore Claudes acts
should be linked with the acts OF
Floyd He reasoned that IL Floyd had
been guilty OF an unwarranted attack
on the court officers, or IL he had pro-
voked the officers attack upon him-
self. that Claude was equally respou-
sible for results II he Joined with his
father in shooting down the court Of
ticers
"A jury OF his peers has so found
Floyd Allen to be guilty OF murder In
the first degree for his acts that morn
ing: therefore you should ind Claude
likewise guilty" said Mr. Wysor.
Sentence liz Read.
When the foreman, II. X. DIX. told
Judge Staples that verdict had been
reached. an eXpcctant hush fell over
the room. and the prisoner suzcd Ak
eddy his face slightly flushed. at Clerk
C. C. Tate as he read:
I'VE. the jury. find the within de-
fendant. Claude Swanson Allen guilty
of murder in the second degroa, as
charged N the within indictment, and
fix his punishment at fifteen years"
Visible relief shone in the faces OF the
defendant and those round about him.
Even the eyes OF Attorney Willis. chief
counsel. were moist as he realized
from the words that he and his coll
leagues had achieved what had twu
weeks ago appeared hopeless. They
had saved young Claude for the time
at least from the same doom which
must be melted out to his father IL,
the gloomy death cell in Richmond.
Across the room sat five silent, grir,-
visaged men. who had prosecuted the
Carroll mountaineer so vigorously and s
so ably for the murder OF judge. who
had but short time before held courS