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0. .Y.Y.V MOUJfl AIRY, JfORTB CAROLINA, THURSDAY. MAY 23, 1012 f0. 16 FLOYD ALLEN CONVICTED Of MURDER After Deliberating Twenty Hours Jury Re turns a Verdict Which Carries with it Death Punishment Wytheville, Va., May 17th.-j Flovd Aliens jurv today found i-iu,u vnma j'. - j him guilty of murder in the first j degree. Death in the electric i diair is the penalty. j After a night of deliberation j which at one time threatened aj disagreement, the jury filed into) court this morning and delivered; it verdict. Sentence whs de- ferred, as Allen may be called as a witness in the trials of his kinsmen who are also charged with the five murders in Carroll county court at Hillsville on March 14, when the Allen gang swooped down out of the Blue Ridge and all but one wiped out the huanan fabric of the institu tion. Clerk Goad was the only . official who escaped. A sparsely filled court room heard the. end of the trial. Some thought that fear of an outbreak such as marked the adverse ver dict at Hillsville might be seen today. It was impossible, how ever. Officers searched all who entered the room. The other prisoners probably Mill bo tried immediately. Friel, Claude, and Victor Allen, Byrd Marion and Sidna Edwards are under indictment for the murders, while Sidna Allen and Wesley Edwards, two other members of the gang, are defying capture in the fastness of the Blue Ridge. Locked Like Mistrial Once .Xvifs eourt Q.lLl",,i vilhl ,imta qucsiioneu oy tiuuge nuipies. The iurors declared there were a number of points of difference j existing in the panel and it was j doubtful whether a verdict could be reached. Judge ' Staples de clared the case was one of niue.h nuigjiitude, he felt he must send the jury back with a few words of caution and advice. He said when a number of men were thrown together in intimate iso lation lor a long period t tune, whh all their thoughts and at- tent ions centered upon one mat - ter, it was but natural there should be a tendency to dif- ferent views'and p.sitions. Along With this tclldeliey, he said. there was another tendency of the hunuaii mind to fix deep root ed in ones own mind unwarranted opinion in an earnest effort, to convince, olhers. Judge Staph s declared the jury had not been sworn otlo r th in to reach one conclusion the guilt or innocence of the accused. He said if the jurors lost Right of that issue in any private indi vidual opinion, they would do wrong to themselves, an unin tended violence to their solemn obligation and grave injustice either to the commonwealth or the accused. "Guilty as Charged " The jury again retired and it' was but a Short time belore an nouneeincTit was made an agree ment had been reached. When court reassembled the foreman read the verdict of "guilty as charged in the indictment." J ud ;.re Staples held that was not the proper form. The fore man then explained that the ver dict was one of guilty in the first degree, then penalty being elec trocution. Floyd Allen was i charged specif icallv at this time with the murder of Commonwealth's Attor ney William M. Foster, prose cutor in th" Carroll county court house at Hillsville last March when the trial of Flovd Allen culminated in the killing of five rversons he tieuj of t hi mot-; ing up of the court created a sensation and seid a thrill f hor ror throughout the country. The tragedy created a jianie in the little mountain side town of Hillsville where the inhabitants always held the Allen clansmen in deadlv terror. Arrets of w- eral of the Aliens followed the f shooting, but five of the prin-j JJ18 JI'J t? the mountains Rewards for their arrest resulted thm of lhm Mng takti but sidna Allen, leader of the clan, and Wesley Edwards, his nephew, are still at large, On the first ballot taken by the jurors the vote stood 10 for murder in. the first degree and two for murder in the second de- gri e. inis vote remained prae- ticallv urn-hanged until .Judge Stapfes had addressed the jurors again this morning after they had announced they were unable to reach an agreement. The verdict came as a distinct surprise as it was thought the jury was hopelessly divided. One of the twelve men is known to have said previous to being summoned for jury duty that "you can't always get justice in courts and maybe the Aliens wer not lar wrong," and the attorneys for the commonwealth had made arrangements to arrest bun on a charge of perjury should he bring about a disagreement. l ins morning he agreed to a verdict. How The Jury Stood. The jury stood ten for first degree and two for second de gree murder on the first ballot. Jurors James and Williams con stituted the minority. Last) night James came over. Mr. Williams if Uod w the ag gressor or had given the Aliens strong provocation at the Hills- Ville court-houe. "Alter the special instructions oi the judge tins morning Mv. Williams jouied the majority and made the ver dict unanimous. The prisoner had nothing t.o say to the Baldwin-Felts men who' assisted him down the stairs and1 steps and rode with him in the automobile to the jail. JIc seeni-i jed somewhat downcast, but the! expression of his face was as' usual as he went through the I ' s reets, sitting in his ciistomarv I j,..t. by the driver, lie begaii i yesterday to use crutch, s, and I I with these trm-rU v....i- ic.11 ...i1 level surface. ! He wished to ma.ke a state-1 incut to the jury, merely that it had convicted an innocent, man, was dissuaded by Mr. Willis, who.1 however, was willing to have that statement go to the public, j No Excitement in Court. All the proceedings were quiet, decorous and formal. There was! no -scene, no excitement, Hot aj tear or a symptom of nervous ness anywhere. After disposing! of the motion for new trial,! Judge Staples took up the next: case and put the Floyd Allen ' trial aside as a closed incident.' He first thanked the jury, ex-! pressing his sympathy for its: members in the long test to! which their patience and ciidur-j ajice luol been put, and saying j that, the court and State appreci-. ated their service. .Judge Camj-i bell, who would succeed him, had I undertaken, in ease any of the members are drawn on a jury), within the next two ears, to j excuse them if they would men-; tion tlu.t they had Served Oil' this jurr. He then ordered the1 , , Iters crowded out together, free men once more and drawing, deep breaths of relief. In his remarks before overrul- i ing the motion for new trial the j"dge said he sanctioned the seemed to him to cruici, wincu be required ly the evidence. The motion and the overruling order are dkctcd aid may be argued next .v ek. The attorneys for the Stat.- said they had no argu-. li; id to pr vi t on the motion of Mr. Willis. Viter the j'irv l ad l, dis- niissrd, Jude StajUs said he; understood the Commonwealth! . . 4 ' ll II t I w I I had agreed to try Claude and Victor Allen together. Mr. Wysor promptly replied that the Commonwealth had' not so agreed It elwted to try Claude Alln first and separately. Claude'i Trial Next Week. Mr. Willis suggested that the defense had the right to know on what specific charge Claude Allen is to 1h arrnignel. Mr. Wysor said this defendant will be charged din'ctly with the murder f Judge Massie. The court ordered that the witnesses for the Common wealth lx summoned litre for Wednesday A new venire will be called for Monday. The witnesses for the defense will be summoned for Monday, May 27. An officer will be sent to Carroll to gather up the witnesses for the defense and he may, be accompanied by any person coiuisel for the de fendants may designate. Verdict Pleases Wytheville. The rrdiet is the cause of general satisfaction among Wythe ville people, who seem to re gard it as a vindication of their town and county. By a coincidence, the day of J'loyd .Urii ciivit'in here, in ii'id Mav, is uliuo.t uJact'y such a day as that ci: whi: his crime. w.s eomin ttid A'ar l 14 cold, dark, levering clouds -a it li prom isc cf slow, chilly r-'n or snow in the h-avy chu'ds ''here set-ins to h: a cursed streak of fatalism Huong tin Aliens. Floyd Bears Up Well. Floyd this afternoon is quite cheertul and says he does not feel that liis time has come to die and does not believe he will go to the chair. Claude shares this feeling and aavs he does not believe his 1 Victor is more despondenf than the others. - Wall Street Regards Democratic Success as Certain. Charlotte Olwervcr. Writing in the Wall Street Journal, Holhuul, the well-known newsjuiper eorresHndciitv declarer Wall Street to have boconie so thoroughly convinced of the Dem ocratic party's destined sweep in to jtower next fall that, it no longer puzles it.s head over the matter at all. The Widl Street Exchange, whicJi is the country's speeulatii' center, ami the Wall Street of the New York Clearing House Association, which is the country's financial center, en tirely agree upon this view. So, while Wall Street is not indif ferent, it regards the political skirmishes now in progress with the eyes of an observer rather than a participator. The unpre cedented agitation, and turmoil of this year's pre-convention jol ities might as well have taken place in EurojK-. It is held that the Kepublican party is split wide op. n and that the Demo era itc party will triumph on elec tion clay, no matter who the can didate may be. Also, that the Democratic- majority in the House and that as soon as State elec tions for United States Senators can take place the Democrats will exercise complete control. Con jecture regarding the probable Democratic nominee therefore absorbs most of the active in terest felt. Some Wall Street men are inclined to the view that he will be a man who has not been supported in any of the presidential preference primaries Mayor William J. Oaynor, of Xew York, is regarded as a distinct ptssibility. Hut, according to this very comjK.-tent observer, the opinion gains ground daily that a strung effort to nominate Col onel William J. Bryan will be made. Vou want NA- TIOXAL O Helps a Judhe in Bad Fix. Justice Kli Cherry, of GUUs Mills, Term., waa jillanly worrioii. A bad sore 011 hlit le had baffled oweiul (titetora anj loni? resisted all rui e'lies. "I thuUKht it was a earner," ho vtrote. "At lKht I used I!ukli u' Arnii a Salve, and was coin p lately cured." J'ure burns, boils, ulicj-u, ruts. bruiHt-s and piles 2j cents at L". II. 1K-11IH liTUi t'o . r :nt f hat I FORMER MINISTER PAYS PENALTY. Clarence Richescn, Confessed Poisoner of Avis Linnell, Dies ta Electric Chair. Boston, May 21. Clarence V. T. Richeson whh electrocuted at 12:17 thi morning-. The current was turned on at 12:10.2, and the prisoner was declared totally dead at 12:17. Tho former Baptist clergyman, confessed poisoner of Avis Lin nell, of HyaiHiiH, his one-time sweetheart, was outwardly calm when he entered the death cham ber and he maintained his com posure while the straps and elec trodes were being adjusted as he sat in the electric chair. KLcheson walked to the chair orevt, eyes straight ahead until he sat down. Then he closed his eyes and kept them shut until the end. Seated in the chair, he was aked a series of questions by the Rev. Herbert S. Johnson, his spiritual adviser. Answered Questions In Death Chair. During his answers he said: "God will take care of my soul and I pray for all. I forgive everybody." The last of the questions was: "Are you willing to die for Jesus s;uk!" the reply, in an even, well modulated tone, was simply, "I am williiKg to die." The current applied was l,!'O0 volts, eight amperes. One appli cation was sufficient. When the officials and witness es of the execution entered the death' chamber aftpr walking through the prison yard in a pelting ruin they heard sounding through the walls the strains of! song. It was Riche?on.4ad. sjArittial adV'ticin, Mr. Johnson and Chaplain Stebnins, " singing. Distinctly audible as they closed were the words: "For I know, what e'er befall me, Jesus doeth all things well." Kicheson left his cell smiling at 12:0S. Before starting on 'the death march he shook hands with William A. Morse, his counsel, who at the last moment had been admitted as a witness of the ex ocution, and with the two chap lains the Iiev. M. J. .Murphy, the Catholic prison chaplain, being also present. The party then entered the chamber, Kicheson, accompanied by the clergymen, followed soon after, the unfrocked minister ap pearing ns calm as either of his companions. Death Powder Sent Richeson. Among many letters addressed to Kicheson which were opened by Warden Bridges todav was one which was found to contain ! cyanide of potassium. It was 1 disnikscd, Wause theiv was evi niailed from station N., New ; ll(.,.t that lu, h;ul formea aI,d Jork city, mi May 19, at 3 . m. J expressed an opinion which he It contauied 110 clue to the sen-1 gWore he liaJ not lloMJ 0f course der, the powder being enclosed ; tll(l jliror (.oua n(,t ,)V any 1os. m a sma.ll sul-envelope nuirked, si)ilitv h.(V(. known vhat; was "hejulache powders." An analys-; .;, ,.1 (lf v,;,,, iU1d was in- is developetl that it was poison of the same nature 'as that which Jville.l Avis Liunell. Brother Wouldn't See Him. i p.., c, . , ,j ' KiclicsoiH reflectel yesterday) that he probably had less th.au! 12 hours' to live, and expressed j a desire to see his brother, Doug-) m.s uiei.eson, 01 v nicago, wiio is; 111 Illft C1IV. ine lormer Clergy- man tow nw spiritual adviser, tnex, j, oi.hv, who returned to uev. ur. II. S. Jonnson, that he eouia men nis nromer wmioui iear or eouajsing. lie nal re conciled himself to his fate, he added, and felt that he was at peace with Ood and the world. Douglas Richeson decided that he; would not go to his brother. rr. . 1 1 1 . ' man morning, after being awake near ly all night. He was calm and even cheerful at times during tl;.' night, occasionally singing a hymn or repeating his favorite .scriptural passages. What Texans Admire Is hearty, vigorous life, hci orU.itg to Hu,;li Taliiiiaa, of fran Alitor iy. "We find," he M'it-, "that Ir. King's No Life Tills sun !y j ut new life and t-nergy into a person. ii.i umumiiPd man siepi ajqxal does not come as a matter! he made a better court-room mi soundly for four hours yesterday I of rigljt )mt ony hy p..r-2ission . j.rsion than Floyd. ng young Claude All. n, ami Judge N. R Oglesby of Bris or kidney troubles. iu it K. II whos.; trial will be begim .Satur- j tol. All five of the fctate tt Htnnis irug Co. j day. j tomeys were in their place. BECOMES DEFIANT EOlt EIRST TIME "If They Would Give me a Gun I Never Wouli be Electrocuted," Eoyd Cries, in One of his Fits of Temper Wvrheville -Va . Mav 17th. : " " 'onvictcd this morning" of mur-! CLAUDE'S TRIAL BEGINS. dr ii the f ' r st digm. involving' sentence to il ath m iV electric ! Commonwealth Expects to Send rha.r utter h- !m h-in allowed to the Chair for Murder to give evidence for his sons' ' Judge Massie. an.l kinsmen, involved with him j Wytheville, Va., Mav 20. The in the slaughter of the court of- triai of Claude Allen! son of ficials at HillsviUe, Floyd Allen Floyd Allen, convicted last week broke loose suddeny this after-,0f murder in the first degree in ,1('un- , the Wytheville court, started thi Before he lef tthe court room ' morning with Judge Waller It. but after all the spectators had Staples, of lioauoke, presiding, gone, he ceased from twirling and Court convened at J:30 o'clock, twisting at his strong mustache '. with a large attendance, includ and leaned over from his chair px) veniremen summoned frou and kissed his wife, pallid andjCVery section of Wythe county, wild and enveloped in black with. During the mornkig session the a little white niching from herjfuue Was taken up in an endeavor throat to her breast. When she to secure a jurv-, and out of 34 went to the jail to tell him veniremen examined, seven were goodbye before she left for their, accepted. home in Carroll, he allowed hisj Qf tjle 3 niue were PxCU3(.(i tears to flow. Like the other Al-) 0n account of having conscien lens, he always has been a faith- tious scruples regarding- capital ful and considerate huslwuid. j punishment. One man, Creek In a Sarcastic Mood. j et'f. stated that he was schedul , , , , ' ed to be married on Wednday Alter Mr. Alien auu Jaca ima Garland had left him, Floyd Al len fell into a lightsome and defiant mood, under the influence of the reassuring words of his lawyers and said to the Baldwin Felts men, guarding him, that "they put one over on me this morning, but I have friends yet in Carroll aiid they wil see r going a sarcastic lniiccuon. ' Guards on the Alert fc fif of temper that mark the Allen elan a.ul nude the members of it tprittlik c,.(. mi'jl tA ciinii 11TI0TI him. Having lain uuiet on hLs cot, he turned suddenly and shouted: "If they would give me a couple of guns 1 never would ' he electrocuted! The only result was that the guards redoubled their vigilance. The Baldwin-Belts people inter pret the exclamation to mean , , , 1 ! and stroii'' desire in his moments' of tim-per is to kill some of those around him and then himself. .furor Was Near Arrest. The country is spared a sen sation, it now develops, by the agreement of the jurv. It Is un derstood that if one man had hung out and prevented a verdict he would have been arrested for Iii'fiilrv !K uiiiii da thr liirv- U'in 1 ( n,u.d for Ju, xs reported ( expressions wire favorable to the .lefense there can be no challenge from that source of the vwnlh-t to which all finally agreet1 - . , Had a Fair T1' Say8 Oglesby. i,.ist.d, Mav 17. "Flovd Allen, ; nt fair tri.-.t " iwrt.-d Aiultt j lsristol this afternoon, after spe nd - jlljr ti,Ive wl.j.s -m defense of the Carroll county clansman. "Judge Staples was fair to the defense throughout. Jinltre Oglesby said that a writ1 of error would at once be asked. ' I'nder tlie Vinriniji nnietiee an ' of the higher court, after it has! The probability that the youth considered the grounds for ap- will die i.i the electric chair with peal. : his father has heightened the in- Judge Oglesby said that F!od'terest in this ease. On the other Allen's case was prejudiced by , hand, the expectation that much the fait that during the trial he j time would be consumed in the was so heavily guarded as to give the impression to the jury - that he is a desjerado, that even though his leg is broken, is likely to shemt up another court Judge Oglesby is more hopeful to a Wythe county lady, and Judge Staples considered this sufficient cause for excusing him, lie was told to stand aside, greatly to his own satisfaction and to the amusement of the court officers and spectators. A new plan waa adopted in handling the present venire. They r'C quired to rt'nenLn the ieii n room. A.la.juivrs examined, I whether accepted or not. were ' f?rbklle? t0 ta,k. t0 an'ono c,s' ' about whut (piestions were put to tnem. in Tins way any cm- flLsio11 h;!s b,Tn prevented by those who have been excused talking to prospective jurors, and ! 1 :.. . ,1 I.. 1... : 11 f",J " 10 V";"1 "u . e'u C ' IllCU lIieN UllKIlb ICUllCI iuciu- selves incompetent. (f the seven men selected so far one is a miller by trade and the remainder are farmers. They are all married with the cxceitii of Miller ( oin'iihsiver, who is tin 1 1 . ', ,., voungest man vet to quality. They range in age from ''") to ;"." years. So far the jury is com posed of much older men than those who served in the trial of Floyd Allen. Jinlge 1). W. Bolen, who testi fied in Floyd's trial that he saw ( - hmde lire one oi the shots iimt j)icreei .niuge jiassie, wui icsau in this trial and is believed his titimoii- alone will be enough to send Claude to the electric chair. (Jyves i)on his wrists, Claude was brought into court this morn ing. He walked over from the jail. The automobile which was in evidence during the trui '''s father, Fhyl, was absei trial of nt. Arriving in the courtroom, one of Claude's hands was released, the other haJideuff being left oil so that he might be readilv secur ed. The young prisonc chatted with his guards and spoke pleas- antlv to those who greeteil him If a watctod .-.verv movement the room with the keen and un ' sophist ieatcl interest of a child. The prison pallor has not d'tract- ! ed from his look of vigorous health. He wore a light suit, neat shoes and lavender tie. Clean-shaven, with blaek hair si ightly curly and well brushd, ( 'lande 'k irt"cnee ws tiv? and comparatively tiresome work of getting a jury, kept down the at- trndajn e this morning. When court cened the only lawyers for the defense present were K. II. Willis, of Roanoke,
The Mount Airy News (Mount Airy, N.C.)
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May 23, 1912, edition 1
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