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

spoken against your petitioners faith
er by an enemy were counted against
your petitioner. There being no evil
dcnce that your petitioner shot VIII
liam Foster. the only possible ground
for the conviction of your petitioner
for the murder Of said Foster was
upon the theory that there was con-
spiracy entered into between your pc
titioner and his co-defendants ~ XIII,
all the court officers.
'"Therefore. the vital matter In the
whole case was the proof OF this con
spiracy.
Your petitioner and his father were
tried at II time OF great public eN-
element, when the minds of men were
more prone to be affected by evidence
Of guilt than BY evidence Of limo
cence This is most apparent from the
fact that the Commonwealth itself an
later trials of alleged co-conspirators
mas abandoned as untenable and mis-
leading. evidence which. in the case
! OF your petitioner and his father was
! thought of such moment as in large
! part TO induce two juries to send pc
! titioner and his father to The electric
! chair
fractional Feeling at Trial.
| at was and is a, contention of your
! petitioner that the hostility of Dexter
I Goad and his faction was not only
! responsible tor tho tragedy. because
/ he and the sheriff. at his motion, first
! drew and opened fire. but petitioner
| also contends that in the progress OF
! the trial this same fractional hostility
/ vas seeking TO catch his lie in L net
/ OF Fabricated evidence.
nd na theory conspiracy
and combination. which was the
/ charge against your petitioner. every
I threat made by any OF the alleged con-
I spirators was used against ali.
I Men who pretended AZ the trial to
| he friendly with petitioners father,
Floyd Allen. hut who We're really
/ fractional enemies, testified TO threats.
a notable instance Of this was the
! evidence of n certain Newton Devil,
who testified 1T petitioner trial that
/ Floyd Allen had made a threat This
I witness said he was friendly to Floyd
| Allen.
"On the 23rd day of September. 1912,
! this wituss said To Il reputable man OF
,he name OF James NJ Fulton in
speaking OF what would be done tol
Sidna Allen and Wesley Edwards.
They ought 70 have done toI
them what had been done TO FLOYD
and Claude Allen. that al of the Al
lens ought I. &c electrOcUted on gen
eral principles
This witness was and still is a de-
linquent debtor Of Floyd Allen.
Conspiracy Theory.
THE circumstances which attended
that unfortunate ARRAY. the fallibility
II human testimony. where profound
passions are aroused. = sufficiently IL
Illustrated IN the history Of these cases
Your petitioner was acquitted Of
murder IN the FIRST degree Tor the kill
ng oI judy. Massie. though there was
evidence that one of petitioners shots
STRUCK Judge Massie This was an ac-
guittal of a conspiracy 10 commit muir
der in the first degree.
Then afterwards your petitioner was
! convicted Of murder in the first decree
! for the killing 81 william VI Foster.
! though thsre was no evidence that any
Z -not FROM your petitioner struck F1s-
/ t.r Then Fr.el Allen and Sidna Ed
I wards got q second degree sentence
! oy % co-ro~onisa- then Victor Allen
! was acquitted 81 any offense AZ all.
/ fa.u ~ldra Alien was acquitted of muir
si.- .- tie trst degree Tor the k>,ling
90 Iud1. Na-e... so that. though 81 any
I 90 r'irse D.-c.f-r.lants are guilty under
! tr. tr.or, of conspiracy. which was
th- theory ~ tfe prosecution. they
/ must hsve been I'D equally guilty. -
r,u-r ts,y snnsr.re1 Co do the same
;a'u~.
differing v~rdIct-.
cad r.t r -f.s. alleged r1nspira-
te-s. wh. -rrst. 30 th.v entered INTO
-.rs7i-a.- t- .GuaIv innocent or
..f.I'f. -- -fr r.... p. sfffnrr- and ha4