The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-28
Saw Claude Allen With Gun
in His Hand But Did Not
See Him Shoot
RECITAL MISTAKEN
BY CROSS QUESTIONS
His Own Part i'll Affair
Graphically Described by
Witness Put on Stand
by the Defense

fSpeciar 80 Tne Richmond Nirgint"no
WYTHENiLLE. VA. May 27.-~The
testimony for the defense this after
noon of RSrd Marion. arrested IN con
nection with the ffilisviIle tragedy. ana
who was released few days ago on'S
10 he rearrssted that night. was one
of today's features in the trial OF
t'faurfe tftgn, charged with the tntfr~
der of Judge Massie. Warning "S
Judge Staples 10 fine the next attHr~
MY vito improperly Interrupted pro-
reedings ny "ieeturing' the opposing
counsel also added spice 10 the .iaF q
work
The .3tate rested this morning AZ
$50 o'clock after briefly examining
Detective II II. Lucas, who arrested
Claude Allen. The defense has dis
posed or twelve Witnesses ty the ff@oFs
recess.
Marion was the second witness this
afternoon Thin and of sickly appear
ance. he took the stand for the de-
feuse. bur before nc left II M had bseh
closely auiz4ed as Ia his own part Ia
the affair. hi a deep clear voice. &c,
easionaile smiling at some ,uf the at
torneys nineE he gave his side ot the
case.
sa~ Claude With Cur.
Regarding claude. he SAID hc SA@
the defendant near Sidna Alien IN the
northeast corner. later saH h.fn nearer
the bar With ii gun In his hand. btl
did not see him shoot. He spied Sidnt
haif way up the judges steps with
pistol lexeied towards Goad's position
He did not see Judge Massle Ia his
chair at this time.
Did Claude XIII Judge
The yaroNWFElti pn VIII that
Judg. Massie was killed by Claude be
fore stdna began to shot, while thu
defense hopes to prove the RESPONSE
bilitv an ssiJna, s~questloned rs
10 where ne get the $50 found CA hin
at the time OF his arrest. Marion satd
~ earned part haaling lumber 10
Mount Airy in the winter of 1910 1911,
sold a yearling last spring and a YOKE
OF cattle last fail His pocket was his
hank. he said ana h. always carried
whatever money he had on his per
son. He s~ore he did not receive
"a ce4t from the Aliens. that he knew
nothing 81 the alleged conspiracy to
shoot Mp the court. and that he left a.
soon as he could after the shooting
began,
Followed the Crowd.
Asked why hs we*st 10 the livery
stable and helped carry Floyd Allan,
following the crowd Whou he each.
eli Allens side he bent over the wound
cd man IT'D response To q motion OF H..
lattar.
Il want 10 eet some one to LET my
poor old wife and children know |
am about done for" Allen whispered
10 him, thinking he was AT the point
of death.
Tell them not 10 Ezieve II have
k{ To-,
#"
Or kpuekIes then called for assist
ance In carrying the wounded man 10
he hotel and Marion joinad in with
otffats,
His Stor, rnshaken.
This story he told was materially
mistaken by the severe examination
conducted by Attorney Poague
1T WIS during his. vT-psS- rxa n3ina-
don when little spst occurred be-
tween Attorney " ttfts ami 4tttUTH5y
Poa que. addressing tneir remarks to
each other instead of to the court
that Judge Staples warned them that
the next similar occurrence. would re-
suit in a fine. A few minutes later
Mr.. Poague asked Marion the present
wherea bouts of his 500 and Mr.. Hairs
ton interjected: Il don't know that
that il any Of xour business
Mr.. PoaRue arose and informed the
Judge ihe onposing~ co1tnsel-- did nat
address the court. Judge Hairston
Immediately arose and repeated his
former remark.
Difficulty l. Snoothed Over.
Judge Stanies with eyes on the at
torney who had addressed him stated
he did not think that a very courteous
form OF objection, then smiling turn
ed to Mr.. Poague and asked If the lat
ter desired him TO fine Judge Hairs
ton $50. II ask you to excuse him.
MIR Peogue' smiled back and the
incident was closed.
Only one other witness was exam
ined this afternoon, the third being
on the stand when court adjourned.
More rapid progress was made this
morning, the defense disposing %
twelve witnesses in all. The testi-
rnony Of eight character witnesses be-
gan at the trial of Floyd Allen was
read to the jury, this course having
been agreed on by the attorneys.
None had anything against the de-
PENDANTS.
J. b. Wilkerson testified to seeing
Victor Allen-an- the outside of the
courthouse soon after the shooting
began. CLERK Dexter Goad was re-
called to the stand TO explain the
working OF the automatic pistol,
Several character witnesses We're eN-
amiued