Prosecution Tries to Show a Conspiracy

The Bluefield Daily Telegraph,
Bluefield, W. Va.
Saturday Morning, May 4, 1912

PROSECUTION TRIES TO SHOW A CONSPIRACY

Evidence That Allens Went to Hillsville Prepared to Shoot Up Carroll Court.

DEXTER GOAD DENIES OFFICERS FIRED FIRST

Clerk Who Was Shot Four Times Dur- ing Fray Says He Did Not See Sheriff Who Was Killed Draw Revolver.

CLAUDE AND VICTOR PREPARED TO RESENT VERDICT OF GUILTY.

Wytheville, Va., May 3--Evidence intended to show that the Allens came to Hillsville prepared to shoot up Carroll county court continued to be introduced today at the trial of Floyd Allen. Witnesses testified of Allen's threats. Cyrus P. Hibbs?, a civil engineer, swore that on the day before the shooting, when the Allen jury came into court to report a disagreement, Claude and Victor Allen prepared themselves for the verdict by reaching for their revolvers. Dexter Goad, clerk of the court, who was shot four times during the affray, refuting the charge that the court officers had begun the firing, testified that he did not see Sheriff Webb draw his revolver.

The first witness was Cyrus Phipps, a civil engineer, who had made a diagram and model of the court room, which was shown to the jury and explained by the witness, giving the position of the principals in the tragedy. This witness also testified that he was in the court room the day before the tragedy and saw Sidna Allen and Victor Allen walk behind the bar and leaning on the bar with one hand, the other hand to their hip pockets, in which he could plainly see the impression of their pistols. They stood within ten feet of Foster, expecting a verdict.

The second witness was former Deputy Sheriff George W. Edwards, now the sheriff of Carroll county. He was a deputy sheriff at the time of the shooting. He testified that in a conversation with Floyd Allen just after he been indicted, Floyd said that Commonwealth's Attorney Foster would not give him a show; but that if he did not there would be a big hole put in the court house. The defense tried to break down Edwards' testimony to show that he had been summoned at a late hour and was an unwilling witness. They also tried to show that Edwards had been on bad terms with Allen and had done all he could to aid the detectives. All this Edwards denied.

The next witness was Sidney Towe, who largely corroborated the testimony of Sheriff Edwards, his statements being along the same line. On a different occasion, he heard Floyd Allen make the same threat of putting the biggest hole in the court house that any man ever had seen.

Attorney H. C. Gilmer, of Pulaski, who was in Hillsville at the time of the shooting and had gone in the court room about five minutes before the tragedy, and was in his room adjoining the court when the trouble occurred, was the next witness. He said that he heard the first and second shots, after which there was a slight interval and then a great volley broke forth. He saw the crowd come out of the court house, recognized Floyd and Sidna as the last to leave the court room, both of them following and firing as they backed out, and returning the fire apparently that came from within. He heard Floyd say two or three times, "I am shot but I got the damn scoundrel." He went on to tell what happened and repeated Judge Massie's dying words, "I am dying but I am doing my duty."

All the witnesses were cross-examined at great length. All the witnesses examined for the prosecution were questioned chiefly by S. F. Landreth, commonwealth's attorney of Carroll county. The cross-examination was conducted by R. H. Willis, Judge N. H. Hairston and W. W. Cocke. Several of the witnesses summoned for the commonwealth have been allowed to return to their homes. Many others remain to give their testimony, and it will be two or three days before the testimony of the defense is begun.

The proceedings today were a little tedious and were followed with deep interest by a crowd that filled all the available space in the court house.