The Bluefield Daily Telegraph, Bluefield, W. Va.
Friday Morning, December 6, 1912

COURT ADMITS DYING DECLARATION OF JUDGE MASSIE

Commonwealth Gains Decisive Point in Trial of Sidna Allen At Wytheville.

THREATS MADE BY FLOYD
ARE ALSO INTRODUCED

Evidence Held to be Admissible as Tending Possibly to Show Con- spiracy--Rapid Progress in Exami- nation of Witnesses. Twenty-five Being Heard During the Day.

Wytheville, Dec. 5. --Rapid progress was made today in the examination of the state's witnesses in the trial of Sidna Allen for the murder of William Foster, twenty-five having been on the stand when court adjourned for the day.

The features of today's session were the introduction of Judge Massie's dying declaration, accusing Sidna Allen of having killed him, and the introduction of threats alleged to have been made by Floyd Allen, that if convicted, he would shoot up the court and kill Judge Massie. The defense took exception in both instances.

The clothes worn by Commonwealth's Attorney Foster and Sheriff Webb at the time of their death were exhibited to the jury today. Foster's coat was examined by one of the witnesses in order to plainly show the location of the wounds sustained by him.

The commonwealth gained what may prove a decisive point, when during the examination of Dr. C. B. Nuchols, the court permitted the physician to testify to the dying declaration of Judge Massie to the effect that Sidna Allen had killed him. Attorneys for the defense offered vigorous objection to the admission of this testimony, on the grounds that the declaration was not in order and not relevant to the present case, as the accused is being tried on an indictment alleging the killing of Foster and not Massie. The court held that the evidence was admissible, as tending to possibly show conspiracy.

The most of the morning session of the court was occupied in hearing the evidence of Dr. Nuchols. His evidence did not materially differ from that offered at all the former trials, and in detail was about the same as brought out against the prisoner in the trial on the indictment charging the murder of Judge Massie, and in which the jury returned a verdict of second degree murder with fifteen years in the penitentiary. The jury in this case at first stood six for acquittal but finally compromised on second degree murder.

Besides Dr. Nuchols, the following witnesses for the prosecution were examined today. Montague Thurman, W. C. Quisenberry, J. B. Marshall, W. A. Hawks, Newton Devill, P. S. Calson, S. B. Waddle, Eli Branscomb, J. B. Hall, and J. H. Capp.