The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-01-30
MIR. WILLIS WRITES fN
DEFENSE OF THE ALIENS


first as to all the defendants but Vic
tor and Byrd Marion, and stated to the
trial judge that l was not willing to
go into the case Upon further in
vestigatfon l found that the state
ments of the defendants. though made
entirely without the knowledge of the
others, Tailed infinitely and we con-
scented to go into the defense. From
the time OF my first trip to Carroll,
no shadow of doubt ever crossed my
mind on the subject and as time went
on and one circumstance after anoth-
err corroborated the statements made
to counsel, finally terminating in the
conspiracy thereof. being broken
down, and practically abandoned in
the victor Allen trial. we found that
the frank, open statements made to us
by these mountain men were marvels
or accuracy and truth For instance
When we talked to Victor before the
arrest OF Claude he told us that Claude
mad brought no pistol TO Hillsville, but
that on the morning of the shooting
Claude had taken his, Victor's pistol
that had been brought there the day
before, rather than leave it in an un-
locked room They had no possible
opportunity to confer, but when
Claude was arrested and before any
conference with Victor he corroborat-
ed the statement to the minutest de-
tail
And so the conviction was forced
upon me That the Aliens will shoot
out they won't lie" / heard numerous
old trial lawyers say that they had
never seen more frank and honest
witness on the stand than Claude AL
len himself
But much evidence Of conspiracy
was introduced before the trial, facts
came out and there is no doubt in nv
nina both Floyd and Claude Allen
were convicted on this untrue evil
dence. In fact. eleven members of the
Jury that tried Claude Allen signed a
petition to the governor asking a COM
mutation of his sentence on the
ground that evidence which weighed
largely with them in reaching their
false.
FOR instance, in Floyd's trial and
an three OF Claudes it was testified nv
Syrus Phibbs that on the afternoon
pe4ofe the shooting, just as the Jury
came IN to announce they had not
agreed, that VICTOR and Sidna Allen
TOOK positions behind Floyd and
placed their hands on pistols. In the
Victor Allen case Phjbbs was Thor
oughly broken down and discredited
ana was never again put on the stand
Tor this purpose. Woodson Ouesen-
perry, deputy of Goad's, in succeed
ing trials swore that Sidna Allen was
up In the northeast corner of the
courtroom, the position occupied by
Nun on the morning of the shooting, at
the time Phibbs had formerly stated
mat he was behind the bar. Quesen-
perry mad been a witness in said for
fner trials, but never before made any
such statement
Perhaps the most damaging piece of
evidence in Floyds and Claude's cases
was statement made by two bows
tnat Wnlie the jury was out Claude
approached his father and asked him
II ms pulse Was still beating. where
upon Floyd asked. Are the boys all
ready This was used with tremen-
dous effect by the Commonwealth
but in the Victor Allen case this state
ment was disproven and abandoned
IN the succeeding cases. In fact, an
afadavit has been furnished the gov
ernor by a brother of one of the Com
monWealth's witnesses to this incident
who says that he was present and
knew that it was nos Claude. that he
attended one of the trials of Claude
Alien as Commonwealth witness,
put was not put on the stand Dur
ing the Sidna Allen trials no attempt
was made TO prove any such thing.
itNApdS W the second Ild0uH Allen
trial II was learned that Dexter Goad
had made certain statements shortly
AFTER the shooting to Mr.. Samuel r
Rhodes of Roanoke, and Mr. j. Wal
ter Webb, of Pulaski, in the course of
conversation, as to when he drew
ms pistol which were very different
from his testimony on the stand
Al that trial, which resulted in a
hung jury, these two gentlemen were
/ introduced and fY-nH ~
At the third trial of Claude Allen.
Goad produced three revenue officers
who swore that they were present to-
gether at this conversation and Goad
had not made the statements ascribed
to him by Rhoades and Webb. Com
ing at the very last moment of the
trial, this evidence made most pro-
found impression, not only on the
jury, but on every one present. The
Tational -C4nclnslon~-Na.s ~~aA1- the~ats
torneys for the Commonwealth most
vehemently argued that the defense
had been fabricating testimony. Be
fore the close of the argument, how
ever, attorneys for the defense learn
ed that these revenue officers We're
not there on that date The trials
court however, refused to reopen the
evidence and permit this to go to the
jury. And the defendant and his
counsel We're required to sit during the
remainder of the argument and hear
counsel for the Comm onweaIth argue
TO the jury that the Rhoades and
Webb evidence had been proven to be
a fabrication, when we had there in
the courtroom written evidence to
show that Goad and his friends were
deliberate perjurors, and Claude AL
len was sentenced to be electrocuted.
In the Victor Allen case this question
again arose and we proved by letters,
| checks, insurance applications, rail-
road mileage books, hotel registers
and great number of witnesses that
these revenue agents were with Goad
In sHillsvills on the Gath or 27th of
March. while Rhoades and Webb were
not there until the Sd of April. at
which time the officers We're not in
the county. What view the governor
Will take of this matter is not known,
but, as above stated. the jury that con-
victed Claude has signed a petition
stating that these thre pieces of evil
dence just reviewed had great weight
with them in their finding. 1t seems
more than horrible to think that a boy
should be convicted on evidence since
shown and acknowledged to be false
and that no means should he known
to our law to prevent his being put to
death in pursuance of q verdict thus
obtained
In pursuance of their conspiracy
theory. the Commonwealth contended
that the fact that the defendants We're