Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-05-03

Be LOSING NERVE
Continued from First page.y

ter. Floyd Allen would be equally guilty
OF killing Foster, the Judge and the sher-
III. We intend TO prove beyond Il rea-
sonable doubt hat these men conspired
and confederated to shoot up the court
and shoot down the law.
After they had executed the court
room slaughter, the outlaws were heard
10 say on the court green: Let's kill
every ahmed one of Them Then they
ned. We intend to show that the prls-
oner committed eleven felonies at one
time. lie murdered five men and at
tempted TO murder six others, because IL
mere was a conspiracy he was guilty
of ALL
The opening address of r. II. Willis, at
iorney for the defense, was brief. He
declared his client had been the victim
OF gross exaggerations. He denied that
Allen killed Miss Nancy Ayres. He de-
n,eu the existence of Il conspiracy and de-
CARED Allen did not draw his own, gun
until after he had been shot.
Judge ID. w. Boles, of Hillsville, took
Inc witness chair. Judge Boles said he
was IN the courtroom at the time OF the
tragedy. He had been Floyd's Aliens
eounsel. He declared that Floyd Allen
fired the FIRST shot.
l saw him raise his pistol and fire."
ne said, The pistol ranged toward
Judge Massie. Another shot, the sec
N&hat v liz SAME Q1ItCtlOD. 1
don't know who fired. A line of dust
seemed to rise from Judge Massie's
shoulder when he was shot. The Judge
was looking at Floyd Allen,
"Sidna Allen, Victor Allen and Floyd
Allen then opened a rapid fire, The
court officers returned the fire"
when Judge Massie had previously
ordered the sheriff to take the prisoner
away Allen rose from his seat and de-
clared: I just tell you ] amt agoing to
60 The shooting started Immediately.
] saw Floyd Allen unbutton his sweater
and take his pistol from his vest pocket
s. r.. Weddell, a former resident OF
Hillsville. saw Floyd Allen there the day
before the tragedy. Allen told him that
day, the witness declared.
II will kill Bill Foster before the sun
goes down tomorrow night IL l am con-
victed."
Weddeli said he had always been a
close friend of the prisoner.
T. S. Coulson, a mountain youth and
neighbor of Floyd Allen, said he was in
Hillsville at the December term of
court. when he overheard q conversation
between Sanders Mcmillan and Floyd
Allen. Pointing toward the Court House,
according to the witness, Allen said:
'1f don't get a fair trial up there l
will make the biggest hole in that Court
House of any that has ever been there"
MCMILLAN replied; "floyd let that be the
last thing you ever do"
Allen replied: II will do It,"
Juror Says He Was Shot At.
James n. Early, one of the jurors who
found Aren guilty, was next called to
the stand, and he described the shooting
as follows; =
when the verdict was pronounced /
saw the prisoner get up from his chair.
He said I won't stand for it or some
thing like that. He then began to un-
button his sweater. He was slow in get
ting his gun out. The firing had already
commenced.
81 got out of the courtroom just as
fast as I could. On the court lawn T en-
countered Floyd Allen. He said to me:
"'There is one of the damned rascals.
Til get you, too" Whereupon he fired
two shots at me. Neither one hit me. |
lodged and ran"
Early added that he saw Allen shoot
In the direction of the witness box.
Early's testimony was corroborated in
detail by ". j. Nestor. another mem
Der of the Jury. He said Allen fred Mt
least three shots.
T.. w. Cooley, superintendent of the
Carroll County schools, testified that
Allen a complained to him some
months ago that Commonwealth.Attor-
new Foster had written a letter to9a
friend referring to him in uncompll-
mentary terms, and Allen had threatened
an OCT aVpn.