The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-12-06
MAKING PROGRESS
IN ALLEN TRIAL
WITNESSES ARE
ON THE STAND IN DAY
FOR PROSECUTION
JURORS INTERESTED
PAY KEEN ATTENTION TO TEsTI-
MoNY AND ASK WITNESSES
MANY PERTINENT
QUESTIONS.

Especial to The Richmond Virginian. }
WYTHEVILLE, VA, Dec. s.
Rapid progress was made today In
examination of the Commonwealth
witnesses in case of Commonwealth
VS.. Sidna Allen for the murder of
w. NJ. Foster. The great majority
of the witnesses followed their tes-
timony in former trials without
noticeable change, and but few In
cidents occurred to vary the monotony
occasioned by the frequent presenta-
ton of the same points in the same
story.
The jurors are paying the strictest
attention and no matter what their
conclusions may be when the case is
submitted for their determination
they will be arrived at by careful
consideration of the evidence as de-
tailed to them by the witnesses
Their interest is frequently manifest
ed by the asking OF questions and
the point of these questions show not
only great intelligence, but a full APP
probation of the evidence as present.
ed.
Twenty-four witnesses gave in their
evidence and in the main both chief
and cross examinations were short
Several exceptions were taken by
counsel for the prisoner. the first,
when DR.. Nuckols, the first witness,
was asked as to Judge Massie's
statements to him with reference to
the prisoner in his dying moments.
Exception Is Noted.
Strenuous objection was made to
this question on the ground that the
dying declarations Of Judge Massie
had been properly received in the
+r-ia in, nh, inh bnGN
convicted of murder in the second
degree for the killing of Judge Mac
sic, but that they were not proper in
this case where the same prisoner was
on trial for the killing of w. M. Fos-
ter. and that the declarations were
only admissible on a trial for killing
the declarant. The court admitted
the evidence on the ground that there
was a charge of conspiracy, that each
was responsible for all.
!. Another exception was taken during
the evidence of w. A. Hawks. when
threats of Floyd Allen made some
weeks before the trial, in which Floyd
Alle&- had said 1.-THE gang up there In
Hilsxille had 1t in for him. and II
they sent him to the penitentiary he
would show them how to shoot up
the court, and II Judge Massie won't
set the verdict aside he would XIII him
the first one. The objection to this
evidence was overruled on the ground
that 1t showed the purpose and mo-
tfves from which Floyd Allen acted.
Threats by Floyd.
Newton Beville. who testified as &c
conversation with Floyd Allen in
which he made similar threats with
the addition that If Judge Bolen twhc
was his counseA did not do hts duty
he would xiii him also,
The evidence Of the various wit
nesses extended over a wide range
touching every phase Of the case.
The clothing worn by Foster and
Webb at the time they were shot was
introduced and identified during the
| examination of r. NJ Blankenship, who
pointed out the bullet holes to the jury
On cross examination the witness al
request of counsel for defense put MI
Fosters coat on that the point of en-
trance of the bullets might be more
readily and intelligently seen.
The theory Of the defense will be
Judged from questions asked that there
was no conspiracy. but a courthouse
, fight. for which the officers had pre-
pared: that there is no evidence in
dicating that Foster was killed by the
accused, and that the accused has al
ready been tried and convicted for the
killing OF Judge Massie in the same
transaction. and has therefore not only
Iexpiated his offense. but his al
ready once in jeopardy for the same
transaction.
Mrs tster the widow OF w. NJ
Foster was examined today as to a
wound on her husband. The counse
for defense did not cross examine.
The prisoner still bears the appear
,fance of being far from a well man. In
addition to showing the great strain
he Is going through.