The Raleigh Herald, Beckley, W. Va.
Friday, May 24, 1912

FLOYD ALLEN MUST DIE

In the Verdict of the Wythe County Jury--Prisoner Breaks Down

Floyd Allen was found guilty of murder in the first degree last Friday morning, after the jury had the case over night.

The jury's verdict came as a complete surprise to the mountain outlaw, his relatives, friends and attorneys thinking that the long delay presaged a mistrial.

Floyd Allen must die in the electric chair for the murder of Wm. M. Foster, late commonwealth's attorney of Carroll county, at Hillsville, unless a higher power than the circuit court of Wytheville intervenes.

The verdict which spelled the prisoner's doom was rendered at 10:20 Friday morning, and followed a charge read by Judge Waller R. Staples, in which the jurymen were urged to go carefully considering the whole case with a view to reaching an agreement.

Sentence was suspended until Floyd Allen can testify in the other cases, certainly until the trial of Claude Swanson Allen is concluded.

This case has been set for this week when the young son of the man convicted Friday will be made to answer for the murder of Judge Thornton L. Massie.

A motion on the part of the defense for a new trial was promptly set aside by Judge Staples, the court holding that the evidence amply sustained the verdict.

The verdict with the order refusing the motion, were ordered to be docketed but the final judgement against Allen will not be entered until the adjournment of this term of court.

It is learned that at first ballot, the jury stood ten for conviction of murder in the first degree and two for a lesser degree. The minority members were, according to current report, W. T. Williams and Creek R. James. On the second and succeeding ballots, Mr. James voted with the majority.

When adjournment was had at 9 o'clock, Mr. Williams was holding out and it seemed that an agreement would not be reached.

The Judges charge, it seems settled the matter. This charge will undoubtedly be made the basis for an appeal.

The old stoicism which has possessed Floyd Allen, convicted of the murder of W. M. Foster, of Carroll county, gave away completely Monday and he wept bitterly. The scene was most pathetic. Feelingly he referred to his wife, who was an orphan when he married her, and that together they had labored for more than 30 years to accumulate the little home in the mountains of Carroll. This he said he would never see again and wept bitterly as his mind turned back to the family fireside, which to him is now a thing of the past.

He referred pathetically with reference to his son, Victor, one of the accused. Floyd Allen said he would be willing to suffer the penalty if Victor were acquitted and permitted to return to the bosom of his family. "He is innocent, has worked hard and has his little family, my grandchildren, whom I never expect to see again, and if they will acquit him that he may return home, I can suffer the penalty of the crime." Spoke the old man in trembling voice. Floyd Allen though at times moved to tears, had never before permitted his feelings to get the better of him as they did this morning. His iron nerve was completely broken and he could not help but talk the matter over with the guards in charge.