Newspapers / The Mount Airy News … / April 4, 1912, edition 1 / Page 1
Part of The Mount Airy News (Mount Airy, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
j mean Ut the tub eriber to thU copj of Tha New is be hind on subscription. I'leaae make a pay ment as soon as con valient. rA i n v 4 Hi MOVm AIRY, WORTH CAROLINA, THURSDAY. APRIL 4, ion -Y0. 30 it 0iHiT IHt " APPEALS FOR CHANGE OP VENUE. Floyd Allen Through His Coun sel Asks Judge Staples to Re move Case From Carroll Full Text of His Petition. Roanoke World, 30th. Thin afternoon Judge Staples Is hearing a motion from Messrs. llairsti.n, Il.iirston and Willi.s act ing a counsel for Floyd Allen, for a change of venue; that in for the transfer of his ease from ('arroll co.in.1y to some other place. Representing the !pns HMithui. and .srteiiuously opposing any such plan arc Common wealth's Attorney Landrcth, of Ciir'roll; .I. C. V.sor and .John S. Draper, of Pulaski, and W. S. Poage, of Wythevillc. Three piesions were pns tited to Judge Staples, as follows: That Victor Allen he grant-d hail. That thee attachments against the propTty of the Aliens he quashed- That the ease he t ra ir-. t-rrs I from CarrolJ county to Roanoke. A.s to hail for Victor the court declined to take any art .or, at present.. As to the attachments, court will hear argument the on April 11 tli. in Wyt.heville. The question of venue is be ing argued. Judge Staples may render a decision some time to davf. Following is Vloyd Allen's peti tion filed in .Judge Staples' court : Julge of the Circuit Court for the County of Carroll, Va. Your petitioner, Floyd Allen, respectfully presents unto your homoi as follows: 1. That on tlie 14th day of w jCutu'i room orrnTrciourt nouse m Carroll county an encounter Ix'tweea certain of tlie court of ficials ami your p'titioner and others at the time of which a ii u tuber of .shots were fired by various pcrsins in the court room and the Commonwealth's Attorney, Win. M- Foster, the .sheriff, L. F. Webb, the judge of court, Thorton L. Maxsie, a juror. Fowler and a bystander. Mi.ss l.ettie Avers, were killed; that your petitioner, the clerk of the court, and various others were wounded, and that your p-t iiuii er, jointly with seven, others, to wit: Sidna Allen, Friel Allen, Victor M. Allen, Claude Allen, Wesley Edwards, Sidna Edwards, and J'yrd Marion, have been In dicted on the charge of murder ing tile said pTsnns who were killed as aforesaid. 2. That there prevailed in Carroll conijnty, and llilbjvillee, the county scat of the county afore said, intense public ex fitment on the part of tnajiy citizens of Car mil county feelings of great bit tern i ss and hatred to your pti tioncr at the time of the shoot ing and up to the present time, so that a number of persons who would naturally collect in ard about the court room at the time that any trial of the peti tioner might lie held in Carroll on-unty, were not only unfriendly, lut bitterly antagonistic towards your petitioner. After the Shooting. . At or immediately after the shooting, the deeputy sheriffs of Carroll county who had assumed the 'iiitit of the sheriff, called lo:i the governor of the state of Virginia to send troops or other aid to ('arroll county, ami in pursuance thereof, the Gover nor of Virginia ordered to Car roll a captain of the state mi litia at Roanoke city, to come to Hillsville with several of his aids and lieutenant, which the said captain did, and has ever since remained in Hillsville for the pur pose of apprehending persons who were jointly indicted with your petitioner, and for the pro tection of the persons including ,our jn-tit iotier while he was in Hillsville, after they were arrest ed. Immediately after the said diootij:g, and pusuaj.t to the said call, the governor of the state ordered a certain detective agen cy, that is to say, the Haldwin- Felts Deteetivc Agency of the city of Roanoke to acrid to Car roll county a force of armed and tried officers of the law who hac remained in the said county and apprehended the persona jointly indicted With your jctt tio'ier, and have been used from time to time to protect tlnnse who have been arrested. 4. That a large part of the comity of Carroll is being con trolled and under the domination and control of the said armed force of detectives or jmssp of men, and tint any sympathizers or persons dispc sed to be in sympathy av it li your pctiti-nier or to assist in the conduct of his trial are thoroughly terrorized and fearful lest they 1m' arrested on some charge in connection with or complicity with your pe titions! and put the ex-vase of a long and tedious criminal defense. Trial in Carroll Unfair. r. Any trial which would be mid held at arroll coiii'ty must lie in the curt t m which was the scene of the sad and un fortunate occurrence, and i t would be unfair and unjut to your p'titioncr to try him by a jury and court sitting in the scene of this tragic occurrence. (j. The county officials, so farj as voiir petitioner Knows, includ-! ing the Clerk and his deputies, who must swear and charge the' jury, the deputy sheriffs, who will have the said jury in charge, the recently appointed common wealth' attorney, who will eon duct the prosecution of the peti tioner, will be witnesses for the commonwealth against your pe titioner. These facts of itself would necessarily so prejudice the minds of the jury that the ability of your petitioner to ob- Ltaiis a fair aaid impartial trial would be a matter or great arui . 'That .the relative of the persons who wfre killed and wounded are so distributed oven Carroll county, that is to say the relatives of Dexter Goad, live in the northeast and southeast sec tion of said county; the relatives' of Miss IJettic Avers, who was; shot M well as the relatives of L. F. Webb, reside in the south east section of said county; the relatives of Win. M. Foster, as well as the relatives of C. C. i Kain, who was wounded, result? in the southwest part' of the coun-1 ty, while the relatives of A. C. ' Howlet t and Worrell, who was wounded and Mr- Fow ler, the juror w ho was killm re- side in the northwest section of county so that it not only would ! ; be difficult if lM impossible, to j obtain a fair and imperial jury, in the said county for the trial' 'of your petitioner but the ani mosity and ill will of ersons bo (widely distributed that the faLr-j ;Jies.s and impartiality of the trial j of your petitioner would be greatly endangered. J ; 7. Tluit the said Win. M. Fos ter, Ij. F. Webb, and Dexter Goad not only had graet influ enee in, the said county of Car , roll on account of their official , jKsitions, but their family con jjioctions were many and influen j tial, haviiiig resided in said eoun- j ty many years. And that the other eople who were killed and wounded, also belong to large and influential families, living in variouH sections of the county. J for which reason it would be i impossible bo secure a trial in said I county which would be free from , sue.h influences. Judge Massie Beloved- 8. Your petitioner would fur ther show unto the court that j the Hon. Thorton L. Massie. was j ; jikige of the 21st judicial circuit; : of the state; that he was a man! greatly beloved by all the people iof his circuit and having a host i of frienls in the said circuit; that the feeling against your petition-. er in the other counties of the; said circuit is perhaps even! more intense than in the county j Mother Gray's Swte tPowderj for J , Children. " j ; Relieve Feverlhie.-!. I'.jiiJ Sloni ' ai h, Teethini? Pisord rs. iijove an.! rcKulate the I'oels aiitl are a ji!eaa-j and renitwiy for orii)s. t'.-e.i by Mothers for L'l' years. They never! fail. At all Druggists, 2'c. Sample i Free. Address. A. S. Olmsted, Le , Hoy. N. Y. i t rrrp. r?a -j - 'H f . ... ., . t.r j'',''V.",; .i ' .:. 3' V k ..... ' : , -7. s..,. j n)Yi Aixr.y. of Carroll for th reason that in thos'1 counties he has not even the personal friends that he has in Carroll county, that the fair ness and impartiality of a trial in any one of those counties would not only lie greatly endangered, but your petitioner feels that it would be imtossible that he should obtain a fair and mipar- tial trial in any one of the conn-; forc the Interstate Commerce ties of the said judicial circuit, j Commission which will begin J. Tliat the city of Uoanoke ; here in tbe rooms of the Manu is the most accessible place out- j Dicturers Club on Tuesday mom Hide of the said circuit for the hug April 9th. conduct of Uic miA trial. iitat. it is itutiv- eiii rcan ed on thee railroad than .other IKHtits at winch the said trial or J ation Conunlssion ex)ects to at your petitioner might be held tend this hearing and are going outKide of the siiil circuit. to aid in every way possible to That there are better fa.nhties , irJig aM)Ut nu it atIs adjust er the juviuiunodation of the , u.nt 0f matter and it. is nn- great number of witnesses or others attending the trial. uie couase-j hiui uic coun could have aceejM to better librar ies. That your petitioner earnestly urges upm the court tlutt he is a man of ,lu1.iU'1' declining years and not in good health, 1 Kt4ltt. freight rates as thev effect that he has leen seriously ahotlXorth Can Una territory' in several part of hid body. That! Thm, wiU be a larg mimJKir he ls already in the city of Roan-'f thl. funiituri. numufaeturers at ok,-, ami that it would not only tlu. hearing, all of whom are endanger his health, but would deeplv interested in this particu perhajw eJidanger his lile to iHP cont(.st, nm it U believed that move nun iroiu liianoue eitv to some other jwiint for the conduct of his trial ; that here in Roan oke city he Ls confined in jail on the same floor as in the court room, whereas in any other place he would perhajw have to be re moved to a different building each time he was taken from the jail to the court room and from the court, room to the jail. Police a Protection Here. That it would greatly tend to preujdiee your petitioner's case in the minds of the jury if it were necessary to provide dur ing the proceedings of this trial a large additional guard to be present at the trial. The city of Roanoke being a city of con siderable size, it is well jtoliced and it would not be necessary to provide such guard here as it possibly would be nceeessary to provide at some other place. It is therefore the nraver of your petitioner that your honor will order the venire of tliis cause to be changed from the county of Carroll to the city of noanoKe, w inch jilaee is sid- iieientjy removed from the place ; where the ofleii.se set out in the indictment against you petitioner was alleged to have been com mitted! to insure your p titkmer a safe and impartial trial. Respectfully, FLOYD ALLKN. You will look a good while l.efore you find a belter ineiii.-ine for col.U and roughs than Chumberlain's I'oiiKh Remedy. It not only jnves relief- it ( urea Try it when you have a cough or old. and you are certain to be pleased with the jirornpt et.re whhh It will effe t tor sale by All lealera The Hearing of the Interstate ! Commerce Commission in High Point April 9th. lligli Point DLspitch. We are informed by the Chair man of the Traffic and Transpor 'tation Committee, Mr. Fred N- Tate ,tluit all arrangements have been ierfccted for the heariuc be Uidcs somethiiic . &liuuid oociir m the meantuue. die entire membership of the Conwr- ; dtlPst)od thae repnwtative8 frrin1 jtt aumbor of the (.OIIlIum,ial or. ,, ynt nTia i. o,of ,.,:n )in O " 1 V t 7 11 114 4 V- pivsent at thb hearing for the purpe of aiding in every way jxissible to start a movement which iniht eventually result in flu n-ml iiiKt-m..ut of, ,11 it... 1, ae evidence to be produced at tins Hearing must resam in a r adjustment of the diseriminitions which an- now practiced by the VHrioiLs railroads against the State of North Carolina. Don't forget You can - tasti the difference National Oats. Notice-. Hy virtue of an order of the ; Superior Court of Surry County, appointing the undersigned Com- ruisftioner to sell the lands here- maiier aesenneu, l win sen at putuic auction on tne premises at the old residence of James H. Reeves, Deed, on Saturday the sixth day of April 1912 at one o'clock 1. M. the following real estate, ljin and being in Surry County, N. C. First tract, Lung on the arat river m Siloam Township ! joining the lands of F. A. Snow. ! Thomas Re ves, Thomas Wall aixlj ! others, containing about K0 i j acres more or lesu and known a.s j the home place of James Js. neeves, need. Second tract, Known as the j Vine Hill tract adjoining tbe lands of Jesse Dinkins, William Drown, John Howies, Jeff Logan! . I .iiid others, containing about six-' ty acres more or less. i Sail! land is fine farming bind, has good timber and are desir able pkues and will be sold for partition. Terms of sale one half ca.h ami the remainder in twelve months with note and approved security on deferred payments, j This Tth day of March, 1912. A. H. Marion, Commissioner. ! SIX CARROLL OUTLAWS NOW Swajwon Allen talked freely on IN ROANOKE JAIL. ! certain subjects with a reporter j for The Kvening World, altltough Claude and Fricl Allen Are they would make no mention of Brcught and Lodged In Prison jfh' trw-.ly eruicted at tbe court ,.,, . . ,T. . . house. Iien asked where they W:tb Floyd and V1Ctor Allen, :luu, Wu d(irin? the Eyrd Maricii and Sidna Ed-,tW(.cn tiie affilir and tllf.ir (ap wards. Iture, Ixith laugh.-l, Claude answ- Itoanoke, Va. April 1. Claude I eru,. "l ,hm t koiiw," and his and Friel Allen, the two yotuig onsin, "I would not like to 8ay." outlaws who were ea.i.tured bv l... li,.u,i-;l..ltu J..t...t;v. luvt week, were brought to Jloanikei yesterday evening on train No- 2, arriving at fi They were tak en from the train at the depot, where Detectives Albert lialdwin j and .1. M. Harrison, who had; el urge of the prisoners, were met n' Chief William (. IJaJlwui ami, his brother, 1), . Baldwin, with,"11" a "rU'T lace, with a two an automobile. ! RTwth of beard on it, at Tbev were halte.l hmo enoilL'h I 1 1 rst- sl-1't llt' ll'lv'' h' to give l'hotographer (Jcorge C. Davis an (ippiirtunity to get a picture of the young outlaws, af ter which they were immediately taken in the auto to the lloan oke jail. A large crowd of eu rosity seekers, all anxious to get a view of the iesM'radoes, had gathered around the "jail and it required the services of a num ber of p)liee officers to keep the .crowd back. When the automobile came up Campbell avenue and stopped just to the west of the station do r there was a buz of suppressed excitement and hundreds; craned! their hecks to get a sight, of the youiHg mouutaineens. The irrepressible photographer was on hand with hw camera ready for a snapshot. The Allen boys were halted at the wtst en trance to the jail in order to give Davis a chance to get a good picture. They were surrounded by de tectives, when Chief W. 0. Ikld win called to the photographer i .. .. ' . . . '."f U lM men 7 laving his hand on voting Friel Allen's shoulder. A smile covered the faces of the two outlaws, while many persons in the crowd laughed outright. They 1"1!1" " "ulm 'iuitevcr bemg photographed There w manic no objection whatever to as scarcely anv resemblance between the two cousins. r riel Allen is a mere toy in appearance. He is beardless, am hardly looked the criminal he is alleged to be. lie was not hand cuffed as was the cuse with Claude Swan.son Allen, and hia hands hiinir by his side. Claude Allen had his hands cuffed together in front. He i i had a week's growth of beard on!?,,ir s.t"T" his face. Neither were dressed in Sunday garments. Many p'rsons were heard to remark that they did not look desp-nidoes. It only required a few seconds for the iJiotographer to get in his work, when the prisoners were escorted up the west stairway to the jail, guarded by a half dozen detect iv en. I hey were placed in cells re- moved from other members of the Allen gaii g and were not allowed to see their kinsmen. The detectives left IILllsville j Sunday mornimr at 10 o'clock w-iti, n,ismer nn.l ln.v t.J Jackson's ferry, 14 miles distant, ujiere Uiev caught the evening train for Iloanx.ke. j It wa generally understood bv I the public that the prwoiuTH were . ,lot on x(, o ,ut thp croW(1 I p-atJierel at the pdiee station , was determinetl to stay and see Ar-:for thjnseelves- A few minutes ad-!,,rior to the arrival of th tr;n y (j j;aldwin, 1). O. Haldwin and otlier detevtivs passed up Commerce, street in an automobile xhev turned into church and ! doubled back to the depot to 'meet Ui e prisoners. A representative of the World ; larxlti the train at Salem and rode into Koanoke w ith the de- tectives and prisoners. The Al iens were cheerful and talked min-h, but were very careful not to give any definite information, concerning Sidna Allen and Wes ley Kdwards or as to where they themselves had sp-nt the time, intervening between the shoot-! ing up of the coiirtlioiihe and : their capture except tliat they were hiding in the niountaioi. While on their wav to lloanoke .' witli detectives Friel and Claude it KeettLS hard to believe that he stands inflicted for murder, lie would be far more in his element under the eare of a schoul teaeh er. His pale, beardless facA quivered, so as to seem that he wanted to cry if he were made of the stuff that wants to cry. His cousin on the other hand taken for an outlaw, though a single glance into his kindly eye gave that the lie. One of the questions asked Friel Allen was, "When did you finish school!" Immediately he put on a "big man" expression and answered. "It's be.cn so long ago that 1 can't remen.ber." THINK THIS OVER. This Offer Should Gain the Con fidence cf the Most Skeptical We pay for all the iiK'iu.'i...' . i use.l 1 1 1 i-i ti.tr tlu. triu! if mii : - "' ' - cuy ian.s to completely n m-ve you of constipation. We take all the risk. You are not obligat ed to us in any way whatever, if you accept our offer. That's a mighty broad statement, but we mean every word of it- Could anything be more fair for you? A most scientific, common sense treatment is Eexall Or derlies, which are eaten like candy. Their active principle is a recent aeientuioi discovery that m rwhi?T. nTCpud. .-..r-t.a very Ltr u-icsa very pronounced, gentle and pleasant in aetiou, and particu larly agreeable in every way, This ingredient docs not cau.se diarrhoea nausea, flatulence, griping, or other inconvenience. Rexall Orderlies are particularly good for children, aged and deli cate person. If you suffer from chronic or habitual constipation, or the as sociate or dependent chronic ail ments, we urge y,u to try Kex all Orderlies at our risk. Ke inemlR'r, you can get them in Mt Airy only at our store. 1 12 tab lets, 10 cents; :: tablets, 2." cts. il la',; t. .'( r s S,1 1 only li The Kexall Store. The IViples Drug Store. Trustee s Sale. Hy virtue of a deed of trust, executed on the 21st day of Mav, 1910, by W. W. Noah, appoint- ed me trustee, said deed of trust being recorded in book 1W, page 90 of the record of mortgages of Surry County, I will sell to the highest bidder, for cash in front of the First National Hank in Mt. j Airy, on Saturday at 1 o'clock the L'Otli day of May, 1912, the ' following real estate to-wit- All iof the rurht. title ar.,1 interesr of V v vui. land in Suny County. Westfiehl Township, adjoining the lands of Kverett Scott and others, same being the land purchased by the said W. W, Noah from S. T. Lewk, nd for particular boun daries reference is made for the title bond of S. T. Lewis to W. W. Noah. Sale made to satisfy a debt of $o0.00 due the First National Ljbk of Mt. Airy, with intcr. t and c.st added. This lth day of lUrch, ji2 I W. K tarter, Yjustee. J Almost a Miracle. i Ori of the niot Mart'ing ihaa n ; ever Heen in atiy man. accordion to W. H. llo'.selaw. Clarendon. Te.. was eff.sted yetr uro ia 1.; brother. " lie had sn h a dreadful ro'ih." he writ.n, "that all oar . frriily thought he wa rfiin ieto roiiKtimption. but h -k:m t. iw I)r. Kins' New Ilcovery, and w romj'leiely ured by t-n Lott'n s. . Now he in sound and well ar.J ; e:ghi ;iH pound. J'or many yearn !oar family bus uej t.iis wtu-drrful remedy for touh - and col.U with : excellent result." It's juh t. aafe. rt-iiabl and jtiiHrant.J Prir DO cent a arwj Jlim. Trial bottl fre kt i E. H. liennis Drag Co ' " " ,mr iirl v r r" ' I
The Mount Airy News (Mount Airy, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 4, 1912, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75