The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-05
One Declares He Heard Man
on Trial Ask in Hillsville
Court if Boys Were
Ready
FACT IS BROUGHT
OUT@THAT OUTLAWS III
DREW FIRST GUN
Session Enlived by Sharp Tilt
Between Attorneys Poage
and Willis When One
Reprimands the
Other
BY W. Med. WILLIAMS.

4a4
wYTHEVILLE. VA. May Ross
noke's mayoralty election cut into the
court proceedings in the trial Of Floyd
Allen today. 1t also cut into the
schedule of the Norfolk and Westerns
fastest train, the Memphis Special
Judge Staples, several of the att0r-
neys, a number OF detectives on duty
guarding the prisoners. witnesses AND
others from Roanoke, who had been
attracted TO Wytheville by the trial
were DESTROYS of voting. In order e
allow them to vote, Judge Staples held
only one session of court, ad1ourninG
at o'clock.
That they might get back 10 RUa.
noke in time to vote II was necea-
Sary to have the Memphis Special
which does not ordinarily stop be-
tween Bristol and Roanoke, made
stop here and the necessary permits
sion from the Norfolk and WesterEs
was obtained.
Today's session was important prin-.
cipally in directly connecting F1oyC
Allen with the shooting of Commons
wealth's Attorney Foster. Up to today
none of the witnesses had testified.
on this point. even Dexter Goad. who /
admitted having emptied an auto
matte pistol, firing at Floyd In thH
court room, had testified that he die.
not See floYd IRE once III the court
room.
Saw Floyd Fire ut Foster.
Two witnesses today swore that they
saw Floyd draw his revolver In tna
court room and that he fired directly
| In the direction of Attorney Foster
| Several witnesses also described tfIa
| position OF Attorney Foster when the
| shooting commenced. showing tina
| from where the two men atood an6
@fnvs a. moe fTv%r. ,=uff fSrHs
| Floyd to have fired the shot that aqE
tered Fosters brain 5tsst above the iefss
al --7--
sharp Tilt in Court Room.
The session was enlivened by 6.
sharp tilt between Attorneys Willis
and Poage. Mr.. Willis was examining
witness when he tn 'ght he heart
Mr.. Poage. whose chair was neares.
the witness prompt the witness. Fla
made an angry objection. which
brought Mr.. Poage to his feet ifaFns
J diateiy.
| Anger was In Mr., Poage's voice ~
! he demonstrated against the statement
of Mr.. Willis and he advanced acrost
| the room In the direction of MIR. WtlIR,
| who had also advanced and the tyvl
| were stands, on either side OF MI.
Morris, the court stenographer. Upon
/ lear-in of his mistake Mr.. Wiitis
| apologized. Mr. Poage Insisted that
he must restrain himself in the futura
| and the controversy was continuing
| when the court took a hand.
Must Keep the Peace.
| When he had obtained silence, Judgi
! Staples announced thst there was en-.
| ttrely too much of the disposition al
chip on the shoulder" between
attorneys and that In the future such
controversies must not be repeated.
The attorneys on each side ara
| strenuous In their contentious in court
and "spats" are frequent, but the ut~
most good feeling exists outside AMI
at the boarding house, where they aras
I! all quartered.
/ Grad gigxsrr ON ,e;saHd- =, ssss5ss
| Mr.. poaee continued the eAaIiifsA-
i! tion Of Clerk Dexter Goad when c0uEe
| was reopened. Mr.. Poage referred u
! a question by Judge Hairsion. in which
| he asked Mr.. Goad why he had not
mentioned that Sheriff Webb VIZ
| drawing his revolver until after the Ina
PRODUCTION OK the Tucker letter. AMI
| asked II he had not mentioned II bo~s
fore in his testimony, The notes Of th1
/ stenogra pher did not show that h15
/ had. Mr.. Goad again explain that
i the sheriff advanced to aka 4thAs
i prisoner III eisss&aya ANA that FinS&8l
rose up. unbuttoning his sweater he~s
fore the sheriff reached for his pist8g.
!
| pistol.
Tells OF F1oyd's Threats,
| J. Newton Bevili, one OF FloytFos
/ neighbors and friends, recited a con-
versation he had with Floyd. In talk
Ing about his rescue of the boys. No.
| said: I'm sorry / got into 1t. ! guess
| I ought to have let the boys go on. 1ts
| looks like we can't get no fair tria4s
any more. I'll take any fine, but theFss
| want TO send me TO the penitentiAFf
and If they try that I'll make big
! hole in that courthouse.
And If Judge Bolen thfs attorney1S
| don't do his duty I'll leave him piled
up with the rest of EN- = sss
The witness stated. he said: my
God, Mr. Allen, don't do anything likG-
that" and Floyd said he certAiulg
| would.
+ Afr. Bevilf said that he tald Cosul
| morwea1th's Attorney Foster ahoueS
this conversation at the Decemh4Gsa
term OF court. " ssS
On cross examination an effort wmMs
/ made to show enmity on Beviil's p&x&3
on account of a note that Floyd AII9s4S
held against Bevili. Beyill said th&lR2
the note grew out of business trAn1S
action that was thoroughly satisfRctdFs
and thet the money had been In basSi4
for Floyd To claim for some tl1a1g
Judge Bolen was put back ON th0M
stand and corroborated Bevill's sta4os@
ment. ass Il
Are the Boys Ready?
Sidna Speaker, a young farmer &0a
Carroll county. was in the court r00SfM
the day before the tragedy. While Sn1S
jury was out that afternoon ne eev
Floyd Allen standing at the ukQx0%
warming. Claude came up and uxaI&}
LET me feel your pulse. Old man. Z
took him By the wrist and
They're beatiuksreEuiar." Thslr IM
motloned for Claude "a l4an ~
: NE; 1ss| 90 ses ss.s s:.1.