The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-03-07
Continued from First PaseJ

dence, and in the light of it, / have
read with interest the letters and petit
tons addressed and presented to me
by many good people of the State, and
almost without exception, If not en-
tirely so. whereN they undertake to
give reasons, or to state the facts, "a
lamentable ignorance of the real facts
is manifest
Floyd Allen Despised Law.
The trouble in this case did not &C.
cur because Floyd Allen had been
convicted by jury of his peers and
sentenced to one year in the peniten
tiary by an able and impartial judge.
but because he despised the law
which for years he and his family
had trampled under foot. and because
he would not stay in Jail one day
while his counsel was preparing his
case on motion for new trial. and
after he had been assured that when
the motion was heard there would
be brighter day" for him. This
was not Floyd's first offense, and his
determination to escape Jail at all
hazards and without regard to conse-
4uenees was well known. In 1904 and
before Goad was clerk, he was tried
for assaulting and attem pting to XIII
one Combs; he was fined 800 and
sentenced to jail for one hour. The
court was warned then by Common
wealth's Attorney Foster. and "A num-
Der of reputable citizens after the
trial told the Judge that Floyd AL
len stated in their presence that II
he was given a Jail or penitentiary
sentence he would resist, and if neces-
sary shoot up the court. In this case
it cannot be disputed that Floyd Al
len put himself to the expense and
his counsel to the trouble OF applying
TO the governor for pardon as to the
sentence of one hour In Jail, which
was granted. Certainly, before the
March term, 1912. he had, according
to the evidence made threats that if
sentenced to Jail or the penitentiary
he would shoot mp the court. One Of
the citizens and an officeholder of Car
roll, appearing in behalf OF and ask
ing clemency for the Aliens, stated on
the first public hearing in the hall Of
the house of delegates, that the "Old
Aliens had been INDUCED owing to
the timidity Of the courts"
Gives His Conclusions.
/ find however, that j cannot go in
TO details or undertake to give the
evidence in these cases without stir
ring up controversy in which / can
not properly participate; and must,
therefore content myself with giving
my conclusions from the evidence and
facts presented to me,
can find no evidence OF any po-
litical or ether kind of feud between
the officers Of the court and any OF
the Aliens at the time of the tragedy
in March, 1912, or any plan or pur-
pose on the part of the officers or
any of them to attack the Aliens.
Rather. / find. the officers intended to
discharge their duties and to enforce
the law, whereas the Aliens showed
a manifest disposition to trample all
law under foot.
And now we come to what happen
ed in the court ouse of Carroll Coun-
ty on the l4th of March, 1912. Floyd
Allen had been tried, convicted by a
5taFy. and HE punishment fi&ed at one
year in the penitenuary His counsel
moved the court for a new trial. was
given until the next morning to file
the necessary affldavits, and bail until
that time had been refused. Claude
Allen was beckaned to by Judge Boz
len, came into the bar, was told Of
the witnesses to be summoned, the
horse he was TO ride and then after
a brief conversation with his father
that no one else heard, went back to
his place on the bench at the north
east corner OF the courthouse. After
carefully considering the testimony
| have concluded that the most relia-
BILE statement of facts came from
Judge Bolen. the counsel for Floyd
Allen at the trial. and a man who
has sought in every proper way to Sc
cure clemency for both Floyd and
Claude Allen. Surely his evidence
was not induced by unfriendliness to
these people. According to his testi-
mony, when the judge told the sheriff
to take charge Of Floyd Allen and
that officer advanced towards the
opening in the bar where IL was usual
for him to receive prisoners, Floyd
at once jumped up. commenced to
tumble with his sweater. evidently
for his pistol. and said. Il just tell you
l amt agoing." The people who had
congregated began to move out. and
Judge Bolen saw Floyd's pistol in his
left hip pocket.
Openly Defied Court.
For the first time in the history Of
the State, SO far as l know. con-
victed criminal openly defied the
court, and commenced TO get out his
pistol with which to make good his
defiance and his threat to shoot up
the court His action required the
sheriff and his deputies to use all the
force necessary even to the taking Of
his life in order to carry out the or
ders of the court. and Floyd Allen
having brought on the trouble be-
as44a-E responsible for all the conse-
Quences and could not put in the plea
of self-defense.
When Floyd Allen arose Judge
Bolen looked 10 Victor to help con-
troll him, but receiving no encourage
ment he looked at Claude who with
pistol in hand fired the first shot in
the courthouse. Judge Boien saw the
lint fly from the right shoulder of
Judge Massie and saw the judge COM
mence to sink down. receiving as he
collapsed two more shots from Sidna
or some of the Aliens whose malice
vented itself upon the man who, in
his own words. died doing his duty"
Then Claude and Sidna came down
from the bench on which they were
standing and got between the judges
stand and the north corner of the bar
and commenced shooting in the di-
rection of the officers In a single
minute the judge was shot three
times, and one shot was put in the
railing in front Of him; the sheriff
was killed, having received five
wounds; SIX bullets were shot into
Commonwealth Attorney Foster
who died with the book under his arm
upon which he had written the cor
rected verdict. Juror Fowler. was
killed: Juror Cane shot twice. once in
the back and once in the back of the
1ap he ,paS tf-S-takr n arpf ont 0f the