The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-07

from the bench on which they were
standing and got between the Judges
stand and the north corner OF tho
bar, and commenced shooting in tho
direction OF the, officers
IN single minute tho judge. was
shot three times, and ono shot was
put In tho railing In front Of him;
the sheriff was killed, having received
five wounds; six bullets were shot into
CommoDwealth's Attorney Foster. who
died with the book under his arm upon
which he had written the corrected
verdict; Juror Fowler was killed:
Juror Cano shot twice, once in the
back and once In the back of the leg.
as he was trying to get out of the
courthouse: Clerk Goad was shot once
In the courthouse. the bullet going
through his cheek and mock and
knocking out and breaking his collar
button. He said he was drawing his
pistol. which had hung in the holster
strapped to his body under his left
arm ana the course of the ball showed
that his face must have been slightly
turned to the left and downward when
ne was struck, and that the bullet
came from his front and not from
ms SIDE After the court was cleared,
Juror early testified that lie was shot
at on the court green by Floyd Allen.
as some one said: There is damn
rascal VIII get the damn rascal"
Conspiracy Evident.
TO my mind, the occurrence In the
courthouse proved conspiracy. AS
Martin p Burks, an eminent law pro
lessor In one OF our universities, wrote
JUST after the tragedy: THE very
nature of the attack, the simultaneous
assault of the many ONLY mon tho
oHcers of the court. their RELATIONSHIPS
10 the party on trial, their attendancr
at the same time. their concert in the
same deadly attack. furnish all Tie
evidence OF a conspiracy needed"
INC Ground upon which clemency
is asked for Claude-thouyh many II
not most, of the petitioners make no
ois'lhctlon between Floyd and his son
is mat ho was defending his
iather; and they argue that If this
De true, although he had no legal
TO 40 80, it should DO regarded
rhl"sating circumstance. But
SET -oeicnse Tor crime committed in
court Is plea have never known
q; De put in in the forty-fvc years
IN which, as judge and lawyer. I have
oeen familiar with the courts.
IL is difficult for mo to imagine a
case IN which such plea could be
sustained; certainly, in this case tho
evidence. as I understand il. moi OWL
aoes not show a case OF self defense.
out one OF aggression This arpres
sion did not stop until the men shoot
inS at the jurors on the outside of
'o 'o"i mouse were called to a halt
by Goads pistol. fred from the CONN.,
house steps. Consider tho facts again
four men killed In the Courthouse
inc cicrk and a juror wounded. In
All eighteen bullets lodged in six poo
PIE, all belonging TO the court. and
out or four Aliens engaged in the
shooting. and two Edwardscs oniv
Floyd Allen was wounded in tho court,
mouse. Surely. this. upon the undis
putcd Facts, is no case of self defense,
But 1t is claimed that tho officers
were armed. Clerk Goad said he was
apprehensivc OF difficulty if FLOYD
Alien was convicted. Tho sheriff and
ms M, deputies had the right, and it was
tne'r duty to be armed and Foster
whose six bullets had rendered it i'm
possible for him to explain. doubtless
mad the same apprehension, as Mr..
Goao and the events proved they
were justified.
Gond Not Aesrcssor.
u is also claimed that Clerk Goad
brought on the difficulty. The answer
10 TINS claim is that he was within
a lew feet OF Foster. who was shot
SIN times and OF Webb. who was shot
iVe times. and that he escaped. as
TAR as the evidence shows, with one
wound, received IN the courthouse.
Surely, had Goad begun the ditlicultv
he would have received the first anu
concentrated fire Of the Aliens. and
would have shared the fate Of Foster
and Webb
1t is further commended that tho
thrcc wounds received by Judge
Mhsslc and the bullet hole in the rail
Ing IN front of his chair, were acct
uental because he was in line OF fire
upon Dexter Goad. Eut the testimony
oil witnesses. and the silent marks OF
the bullets in the courthouse as
understand the evidence. do not sus-
tain this contention. On tho contrary.
the evidence proved that these wounds
"ero deliberately inflicted. -
Quotes From Sentence.
In this connection, quote from
Judge Staples when he sentenced
Floyd aud Claude Allen: ut was all
done In less than moment OF time:
done by You and Your associates
done with quickncss and an ac
curacy of aim and action impossjblc
to men acting under tho impulse OF
surprise.
Yet the law which has suffered so
great an outrage. has. out OF regards
Tor hcr own inherent principles OF
right and justice. according to YOU a
patient and unbiased hearing. las OK
tended 20 YOU every protection. has
made availabic 10 YOU every safe
guard. has yielded to you every point
of doubt" etc. And again: The
facts relied upon for tho excuse or
mitigation Of Your conduct have failed
utterly of their proof. You have CON
tended that the clerk OF that court
while you were in custody. cndeavored
TO open fire upon you. You failed TO
show any motive siIch conduct IN,