The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-09
JUDGE VISOR
SCORES ALIENS
Defense, in Opening Statement,
Denies There Was Conspiracy,
and Asserts That False Charges
Have Been Made Against
Accused-Roasts Papers.


Allen was borne into the >v~rt - ON
to face the twelve men with whom
bis fate now rests. But the accused
himself was grave. The selection OF
the jury late Wednesday afternoon had
brought him 10 a fun realization OF
his uncertain position.
An automobile was used in trans
porting the wounded prisoner from
the Jail TO the courthouse; when the
green was reached the prisoner was
placed in a chair. Three stalwart de-
tectives bore him, thus seated. to his
place before the bar. one manipu-
lated his injured leg, which requires
constant attention.
Judge Staples was on the bench by
$50 O'clock. The jurors had reach
ed their seats some minutes before.
They are nearly all alert, rudy young
men, and all save two are clean
shaven. The clerk, as soon as all Of
the attorneys had arrived, proceeded
TO read the indictment charging Floyd
Allen with the murder of Common
wealth's Attorney William NJ. Foster.
This paper, in several counts, sets
forth the details of the Hillsville
horror with great technical particu-
larity and incidentally alleges that the
prisoner entered into a conspiracy,
confederation and agreement with
the other accused to kill the court
officials
FosteE. it appears. was struck by
five bullets and died in thirty min
utes.
Degrees of Crime.
Following the reading of the indict-
ment the clerk charged the jury-that
IS! explained the various punishments
that might be melted out TO the accused
in accordance with the different de-
grees of crime Of which he might be
found guilty A first degree verdict
means death: a second degree verdict
z from five to eighteen years; voluntary
manslaughter. from one TO five years;
Involuntary manslaughter, a fine and
Jail sentence.
J. c. wysor then began the opening
statement for the prosecution. The
speaker said that when asked by the
Governor to assist the State he felt
that il was call from his country.
Especially did 1 feel that L should
grant the request" added Mr.. Wysor,
when 1 remembered that my fellow
countryman. my friend. the Hon.
Thornton l. Massie, had been cruelty
slain. He was an honorable and pat
riotic citizen and a just judge. my next
door neighbor for fifteen years. And
that reminds me of the scriptural pas
sage, Who is my neighbour 1 ven
ture here the assertion that his STAY
ers will find out that he had a neigh
Dor.
MY associates and 1 altogether have
solemnly resolved and firmly deter
mined to see to IL that the law shall
he indicated and that the cruel deaths
OF worthy officers of the law while in
the faithful discharge of their official
duties at the hands OF ruffians, out
laws and cold-blooded assassins shall
be avenged"
Here Mr.. Willis, of the defense.
sought to interrupt Mr.. Wysor and
TO interpose objections TO his charac-
terization Of the accused. Defantly
turning TO Willis, the speaker said
with awful elaboration: Il will re-
peat IL so that you may know that ii
is proper. We have together sol
EMMY resolved and firmly determined
that the cruel death of worthy officers
OF the law while in the faithful dis
charge of their official duty at the
hands of ruffians, outlaws and cold
FLOODED assassins shall (great empha-
sis on the shall) be avenged"
Attorneys Pass Words.
A moment later Wysor described
the Hillsville affair as "one of the
most dastardly, outrageous and afro
cious crimes ever committed in the
annals Of the. world"
Another interruption from VIII
lis brought forth n sharp retort
from WysOr. Willis warmly said
he would continue 20 assert his
rights, whereupOn the speaker
said: IF you continue 10 make
improper remarks and the court
doesn't stop you, then something
else (meaning himself) will stop
you. i intend to make fair
and proper statement and / don't
intend TO be interrupted"
Judge Staples here interviewed and
put an end TO a decidedly squally
question, which seemingly threatened
q personal difficulty.
Continuing, Mr.. Wysor referred to
the fact that the Hillsville murders
were the result OF a contaminated
conspiracy. Then he added: eff we
prove conspiracy to kill 1t doesn't
matter whether Floyd Allen actually
shot Foster or not. If he entered
into conspiracy to kill the court it
u
Foster. Floyd Allen would be equal
ly guilty of killing Foster. the judge
and sheriff. When men form a con-
spiracy each of them becomes the
does 1t is the act OF every other. We
Intend to prove beyond reasonable
doubt that these men conspired and
confederated to shoot up the court
and to shoot down the law
Described Shooting.
Mr.. Wysor next proceeded to give
a detailed description of the shooting.
He explained the positions of each OF
the men involved and sketched the
parts supposedly played by each of
the accused. Floyd Allen listened
most attentively to the ringing words
of the lawyer, never, in fact, remov-
ing his eyes from the speaker, though
it was easy to see that he was deeply
troubled.
we expect to prove" continued
Wysor, that just before the shooting
FLOYD Allen rum bled a paper and
looked straight at Sidna Allen, and
Sidna looked straight at him. That
is fact which you may consider for
what IL is worth. Immediately after
the Carroll jury had rendered its YER
dict Floyd Allen said, I am not 60
ing and began to inhibition his
sweater, under which he had a con-
cealed weapon. The sheriff stepped a
few steps forward as if to perform
his duty to get the prisoner. Per-
haps he used the words, None of
that. Just before this the prisoners
son, Claude, fired a shot from off the
bench where he was stationed. This
struck Judge Massie near the right
shoulder and was the fatal shot that
killed him"
Threats Were Heard.
Mr.. Wysor said that after the
slaughter in the court room the out
laws were heard to say on the court
green, Lets kill every C. d
one of them" Then they fled. il is
a maxim that the guilty flee. Floyd