The Bluefield Daily Telegraph, Bluefield, W. Va.
Tuesday Morning, December 10, 1912 SIDNA ALLEN CASE
GOES TO JURY TODAY

Evidence All in and Arguments Be- gun—Two Witnesses Testify for the Defense.

Wytheville, Va., Dec. 9. —Evidence in the trial of Sidna Allen for the murder of William M. Foster was completed today and the argument begun. It is expected that the case will be given to the jury by noon tomorrow.

Only two witnesses were examined this morning b the defense in rebuttal, when Mr. Buxton announced that he was through. They were Berry Flannagan and Harry C. Gilmer, an attorney of Pulaski. Both men testified to material facts for the defense, and contradicted statements made by witnesses for the commonwealth.

Witness Flanagan testified that he heard Juror Frank Fowler, who convicted Floyd Allen in the trial which brought about the tragedy, say that Sheriff Webb fired the first shot as Floyd Allen was endeavoring to draw his gun from under his sweater.

Attorney H. C. Gilmer was at the hotel when the shooting commenced and was in plain view of the shooting which took place on the court green. He said he heard Claude Allen say, “We’ve got the d---n scoundrels.” He said Floyd Allen grabbed his leg in the court house yard, indicating that he was shot at that time. He did not see Sidna Allen stoop and reload his gun as was testified to by a witness for the commonwealth. Mr. Gilmer thought he would have seen him had he done so.

The instructions had been prepared and agreed on by the attorneys, and at the close of the testimony were submitted to the jury.

The arguments began promptly at 10:30 this morning. Attorney John S Draper making the opening speech. He spoke for an hour and a half, and was followed by R. P. Bruce, of Wise, for the defense. Both made forcible speeches, presenting the evidence from their respective sides with great reasoning.

Article 2

GOVERNOR GIVES NO DECISION IN ALLEN CASE

Friends of Doomed Men Meet and Formulate Plans to Carry on Appeal Work.

Richmond, Va., Dec. 9. —No statement b Governor Mann in the Allen case has been handed down.

Friends of the Allens met this morning and formulated plans to carry on the appeal work in behalf of the condemned men.

Public subscriptions were called for, the statement saying that the funds of the families of the Allens are exhausted. The statement further adds:

“New evidence has been discovered in the Allen case, which puts a very different phase on the matter. It is necessary to employ additional counsel to develop fully and present the changed aspect of the case in the courts in order that justice may be done.

“Money is needed for this purpose, the resources of the Allens themselves having been exhausted or tied up by the court. All persons wishing to aid in this matter will send their contributions at once.”

Unless Governor Mann commutes the sentences Floyd and Claude Allen will go to the electric chair Friday morning.

The Bluefield Daily Telegraph, Bluefield, W. Va.
Wednesday Morning, December 11, 1912

JURY IN SIDNA ALLEN CASE FAR FROM VERDICT

Apparently Hopelessly Dis- agreed when Locked Up for the Night.

JUDGE BOLEN’S EVIDENCE
READ SECOND TIME

Intense Interest in Outcome of Trial Made More So by the Strenuous Ef- forts Being Made in Richmond to Save Lives of Floyd and His Son Claude.

Wytheville, Dec. 10. —The jury which is to decide whether Sidna Allen, head of the Allen clan, which shot up the Carroll county court at Hillsville last March, is guilty of the murder of Foster seemed to be far from agreeing on a verdict tonight. Argument in the case was concluded today. The case was given to the jury at 2:15 p.m. and at 5:30 p.m. the jurors filed back into the court room, reporting through their foreman that they could not agree. Judge Staples inquired if they wished further instructions. One of the jurymen requested that the stenographic copy of the testimony of Judge Bolen, chief witness for the prosecution, be read to them. Court was adjourned until 7 o’clock tonight, at which time their request was complied with and the matter of the verdict further considered. When the jury was later locked up for the night it was apparently hopelessly disagreed.

Court convened this morning shortly after 9 o’clock, when J. C. Buxton, chief counsel for the defense, began the final plea for the life and liberty of his client. Mr. Buxton made a powerful plea, and was patiently and attentively listened to by the jurors as he presented the evidence and the facts to show that Sidna Allen did not conspire with his brother Floyd and other members of the Allen family to destroy the court officers by murdering them at Hillsville. He argued the case and presented the evidence in such a manner as to show that Allen acted in self-defense and did not fire on the court officers until they themselves had begun to shoot.

He warned the jury against the strong plea of Mr. Wysor, who was to make the closing speech, and asked them not to be carried away by his eloquence and logical reasoning, which could not be sustained by the evidence.

Mr. Wysor began his address to the jury at 11 a.m. and spoke for two hours and thirty minutes, finishing at 1:30, when the court took a recess for dinner. Allen plainly showed the effects of the terrible strain he was under, during his terrible arraignment by Mr. Wysor, who argued that a clear case of conspiracy had been proven by the commonwealth and that Sidna Allen was guilty, not only of the conspiracy, but of the murder of the court officers. He asked the jury to bring in a verdict of murder in the first degree and thus uphold the laws of the commonwealth, and prevent future crimes such as had blackened the annals of Carroll county and the state of Virginia.

Interest is intense in the outcome of the trial was made more so by the strenuous efforts being made in Richmond to save the lives of Floyd and Claude Allen by acquiring a commutation of their sentences to imprisonment through the intervention of executive clemency.