The Bluefield Daily Telegraph, Bluefield, W. Va.
Wednesday Morning, May 29, 1912

MAY IMPEACH AN ALLEN CASE WITNESS IS THE STATE’S THREAT

Much Testimony Taken But None of it Proved of Value to The Defense.

Wytheville, May 28. –The defense in the Allen case today laid great stress on the fact that other men than Victor Allen wore a black muffler on the morning of the tragedy and introduced Emmet Bolen, an adopted son of Judge Bolen, who testified that he saw Victor Allen coming out of the court room down the steps about the center of the crowd when the crowd came? rushing from the court room. He said? that? he saw Wesley Edwards that? same morning with a black muffler around his neck. Saw him on the court green with a black muffler on.

D.C.B. Nuckles testified that Friel Allen on the morning before the shooting came into his drug store to consult him and said he would come in later.

The doctor added that he saw Floyd Allen after the shooting hen he left the court house steps and thought he was shot, judging by the way he walked. Did not see him go to the Wilkinson property—nearly opposite the Nuckles store—and get together with the other Allens.

W. N. Cochran corroborated the testimony of Dr. Nuckols as to when Friel was in the drug store.

Daniel Thomas, an interesting witness was again introduced by the defense. He feelingly gave a detailed recital of all that occurred in the Hillsville court room from the beginning of the shooting until all was over. He saw all the carnage and wreck wrought by the Allen clan, and, left alone in the court room, he went from one to another doing what he could to relieve and assist. He saw Sheriff Webb lying in his blood; Fowler, a juror dead; Commonwealth’s Attorney Foster killed. He approached Judge Massie and found him in a dying condition. Heard him call for whisky and exclaim, "Oh“ I am dying! and “Sidney Allen has killed me!”

While standing at a stove between the railing of the bar and the wall, looking at Floyd, saw him jump up. He heard a shot that seemed to come from his right.

The cross-examination by Mr. Draper was hot. He asked the witness if he had not been impeached in Carroll in a certain controversy. This was denied emphatically by the witness. He admitted that an attempt was made to impeach him by some of his enemies, but said it failed. He insisted that he saw Deputy Sheriff Gillespie down on the floor firing through the bar when the shooting was going on and that when the firing was nearly over he saw two flashes come from the grand jury room, but did not see who fired them. It is evident that the commonwealth will undertake to impeach, although it declined to do so in the trial of Floyd Allen, when, although a defense witness his evidence rather favored the state.

John W. Farris, who was a member of the jury that tried Floyd Allen at Hillsville, testified that when Floyd jumped up and resisted and said he was not going and after firing began in the north east corner of the room, he saw Sheriff Webb with a pistol in his hand pointed in the direction of Floyd Allen.

Floyd Allen was sworn. He entered court on his crutches and climbed up into the witness chair. He has not changed in appearance since the day he was convicted for the shooting of W. M. foster, and in a quiet way began his testimony in behalf of his young son, Claude, jointly charged with him for killing the officers of Carroll county court.

He repeated his story about as he told it in his evidence when he was on trial. He said that he stayed all night with his brother Sidna the night before the shooting, came to town with him and hurried to court. He did not see either Claude or Victor while on his way to court room. He related how the shooting commenced and that he saw Goad with pistol and the sheriff with one before the firing began.

“I did say to Judge Bolen I hated to be convicted on account of the boys,” he said. He stated that he was shot in one hip before he fell and then drew his pistol and fired twice at Deputy Clerk Quesenberry.

On cross-examination by Mr. Wysor he said he had a conversation with Isaac Martin and said the authorities had compromised worse cases than his, but denied saying that if they convicted him they would have his box to make. He admitted that Judge Massie reprimanded him for intimidating witnesses, which he denied doing, and that the judge said he would enforce the orders of the court if he had to call out the militia. He repeated that the judge told him that man was carrying one for him, but he would carry a pistol too if some that it was unlawful to do so. He claimed he carried the pistol on account of Peter Easter and Solomon, from whom he had rescued the Edwards boys.