The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-02-04
THINKS CLAUDE
WILL Be SPARED
JUDGE noLEN. LIFELONG FRIEND
AND NEIGHBoR OF ALIENS,
TALKS
TEMPER AT BOTTOM
ASIDE FROM DISPOSITION TO
FIGHT, ALIENS ARE GOOD
CITIZENs--ALL ARE MODEL
HUSBANDS.

Judge D. w Bolen, Of Carroll coun-
ty, who was present in the courtroom
at Hiilsville when the shooting of the
court officials by the Aliens occurred,
as counsel for Floyd Allen Ia the case
that precipitated the tragedy, who
stood his ground under the rain of
bullets. and who was chief witness
for the Commonwealth in the trials
of the outlaws that ensued. is still in
the city. Judge Boien came TO Rich
mond last week to appear before the
governor and enter his plea with other
Allen sympathizers for executive
clemcncy for Floyd and Claude AL
len, especially for the latter.
HHs Hope For Glautic.
Said Judge Bolen last night, in re-
ply to a question as to what he
thought would be the outcome. Il
have great hope for Claude: believe
the governor will spare him. IT would
he cruel for the State to take this
Young mans life. OF my own knowl-
edge j know that he has never been
in any trouble before in his life, and
he would never have become embroii-
ed in this except that he saw that his
father was u target. 1t was only a
natural instinct that led him to draw
/ his weapon In his fathers defense"
/ Asked the point-biank question IL
! he had any intimation from his client.
/ Floyd Allen, that fatal day OF "a con-
! spiracy to shoot up" the court Judge
! Bolen very. quickly replied that IL he
! had even imagined such q thing while
the trial was in progress or prior to
/ the trial he would have thrown up
the case Immediately.
Couldn't See Conspiracy.
/ He frankly admitted that after the
smoke OF battle had cleared away that
( 1t did look as though there had been
a conspiracy, but he was convinced
on sober second thought that there
was no conspiracy. While he had not
! the slightest criticism Of Judge Mas
sic, Judge Boien, responding to lead
! ing question, did say that court was
vested with broad powers, and that II
I the sheriff had any reason to appre-
bend trouble he should have had the
prisoner disarmed before the trial be-
gan. and, If necessary, those relatives
/ OF the prisoner who were present.
Beiligerency Strong Point.
Judge Boien talks impressively OF
/ the Allen family, with whom he has
neighbored for years. He sat on the
/ bench of Carroll Circuit court Tor
years and never passed sentence on
an Allen except for fighting. He had
defended the Aliens as an attorney
and had prosecuted them. but fair
/ square methods of fighting in the
open had always retained theif
/ friendship.
Floyd. brought up in an environ
ment In which every man was a Law
unto himself. would fight. III the
opportunity Was put up to him he
would never have an adjournment OF
! continuance" said Judge Bolen. III
had to come off there and then. The
younger generation of Aliens here arr
taking every advantage OF the civfifz
Ing influence of education. Even III
1 past days members of the Allen fam
lily have served the county in offi-
ciaI positions, and | want to tell you
that when there was an Allen serv-
ing as deputy sheriff any outlaws who
I CHANGED to he hiding out In ~ this
bushes Immediately came in and sur
/ rendered rather than take any
| chances" Furthermore, Judge Boiler
| emphasized the point that the AL
! lens. one and all. were model hus-
| bands, and in their home-lffe exem-
| plary.
Opposes Capital Punishment
BY no word did Judge Bolen seek
to minimize the hideousness Of the
crime against the majesty of the law.
Repeatedly he declared that he wish
ed that he could efface the memory
of that awful day in Hillsville court.
and that the sight OF a pistol or
the sound of shot distracted MIN.
1t has convinced him. however, that
capital punishment should be abol-
ished 1t has not and Ia not serving
it's purpose. and the judge delved
somewhat into history to sustain his
| position. When legal executions were
conducted In crude. even brutal, fash
ion. 1t did not deter men from crime.
and he has reached the conclusion
that it is the certainty of punishment,
and not the fear Of it that will i'm
prove the standard of morality.
There was tender, pathetic note
In his reference 10 old Floyd Allen.
whom ne has known all his life.
Take his temper away" declared
Judge Bolen, and there was no bet
ter citizen in Carroll county. He is
the most courageous man | know.
He does not know the meaning OF
the word fear 1t grieves me be-
yond measure that my old friend
Floyd ia in this desperate strait.
hope from the bottom Of my heart
that Governor Mann can sec his way