Claude Allen First to Fire

The Bluefield Daily Telegraph,
Bluefield, W. Va.
Friday Morning, May 3, 1912

CLAUDE ALLEN FIRST TO FIRE AT HILLSVILLE

Attorney For Floyd at Time of Tragedy Gives Testimony Damaging to Outlaws.

LIFE OF COMMONWEALTH'S ATTORNEY THREATENED

J. B. Weddell Heard Man on Trial Say He Would "Kill Bill Foster Before Sun Goes Down Tomor- row Night if I'm Convicted."

DEFENSE TRIES TO SHOW THAT CLERK KILLED MISS AYERS.

Wytheville, Va., May 2--"I'll kill Bill Foster before the sun goes down tomorrow night if I'm convicted."

Floyd Allen, the first of the Hillsville court house assassins, now on trial here for his life, is charged with making this remark before the shooting on March 14, according to the testimony of I. B. Weddell, of Montgomery; one of the first day's witnesses for the prosecution. On cross-examination Weddell stuck to his story, though he admitted that no other person was present during his conversation with Allen.

Six witnesses, three of them spectators at the shooting affray, testified. The first was D. W. Bolen, the lawyer defending Floyd Allen when the murders occurred. He testified that he saw Claud Allen fire the shot and that it struck Judge Massie. Court officials returned the fire, he said.

Two of the jurymen who were then trying Allen testified. One of them said that Allen had fired in the direction of where he last saw Foster, the commonwealth's attorney who was killed. Other witnesses told of a conversation with Allen in which he threatened Foster.

J. C. Wysor, of counsel for the prosecution, made the opening statement this morning. It was clear and concise and shows that the Allens will be prosecuted to the bitter end. Mr. Wysor stated that the prosecution would show that a conspiracy existed on the part of the Allens, including the man on trial, for the murder of Commonwealth's Attorney William M. Foster, to shoot up the court house and murder the officers of the Carroll county court in the event Floyd Allen was convicted of the crime for which he was being tried at the time.

Mr. Wysor in a speech of one hour outlined the plans of the prosecution that declared that they would be able to show conclusively that the Allen gang was responsible for the murder of Judge Massie, Commonwealth's Attorney Foster, Sheriff Webb, Juror Fowler and Miss Ayers. He declared further that they would be able to show that they had threatened to kill the commonwealth's attorney. He said the prosecution would show that the first shot was fired by Claude Allen and that he shot Judge Massie in the shoulder. The second shot was fired by Sidna Allen, who is still at large.

Mr. Wysor held in his opening address to the jury that Floyd Allen, who is now on trial for his life, fired the shot that killed the sheriff and the attorney for the commonwealth. After paying a high tribute to the worth and character of Judge Massie, Mr. Wysor complimented the jury. He spoke for an hour.

Mr. Willis made the opening statement for the defense. In a speech of forty minutes he undertook to outline the policy of the defense. He denied that there was a conspiracy between the Allens as charged by the prosecution, and declared that they would attempt to prove that the Allens never fired a single shot until they were fired on by the court officers. Mr. Willis also stated that they would be able to show that Floyd Allen never fired a shot until after he had been wounded himself. It will be a part of the plan of the defense to show that Dexter Goad, the clerk of the court, is responsible for the death of Miss Ayers, who was a spectator in the court room on the morning of the tragedy.

Judge Bolen, who was attorney for Floyd Allen at Hillsville, was the first and only witness examined by the prosecution this morning. Judge Bolen testified that the first shot fired was by Claude Allen, a son of Floyd Allen. He declared that this shot and one fired by Sidna Allen killed Judge Massie.

The firing then became general. He stated that Floyd Allen, who was by his side, did not fire a shot until after the shooting became general throughout the court room.

The morning session of the court adjourned at 1:30 p.m. and convened again at 2:30 with Judge Bolen still on the stand.

There was a large attendance of spectators. The trial of the outlaws is creating the deepest interest here and people have flocked to the court from every section of the county.