Wiped out By Outlaw Band

Bluefield Daily Telegraph
Friday Morning, March 15, 1912

ENTIRE COURT IS WIPED OUT BY AN OUTLAW BAND

Judge on the Bench, Prosecutor Before the Bar and Sheriff at the Door Killed in the Twinkling of an Eye.

CLERK DIES LATER FROM BULLET WOUND

Troop of Desperadoes Rode Down From the Blue Ridge Mountains to Carroll County Court House and Opened Fire on Officials as Sen- tence Was Being Passed Upon Floyd Allen, Who Was One of Their Number-One of the Assassins Was Badly Wounded

THREE JURORS AND THREE BYSTANDERS WOUNDED

Hillsville, Va., March 14 - A troop of mountain outlaws rode down out of the Blue Ridge today to the Carroll county court house here and assassinated the judge upon the bench, the prosecutor before the bar and the sheriff at the door, in less time than it takes to tell it, while sentence was being announced upon Floyd Allen, one of their number. When the crack of the rifles died away only one member of the human fabric of the court, Dexter Goad, the clerk, was alive and he had been wounded. Jurymen and onlookers were struck by the fusillade but none was wounded seriously.

Tonight the outlaws, with a good day's start, are up in the mountain bush with citizens' posse, little organized, making a semblance of pursuit. Sheriffs and deputies from the neighboring counties cannot reach here before early morning. Special train from Roanoke tonight twenty detectives to Galax, the nearest railroad station, nine miles away. It will be midnight before those men can get over mountain roads, hub deep in spring mud. It will probably be daylight before their forces can be assembled.

A reward of $1,000 for the capture of the band was offered today by Governor Mann and was tonight increased to $3,000. The governor's proclamation says that $300 each will be paid for individual members of the band, taken dead or alive.

Captain F. W. Davant, of the second Virginia regiment, has been ordered to come with men, twenty rifles and ammunition.

The troops at Roanoke and Lynchburg probably may not be called for. The shooting terrorized Hillsville.

Judge Thornton L. Massie, rose from his chair as the bullets struck him and fell across his desk. Commonwealth's Attorney William Foster, with half a dozen bullets in his brain, crumpled down to the floor. Sheriff Lewis Webb was shot and killed as he reached for his revolver. Bullets grazed Clerk Goad, and in the confusion he was reported killed.

Jurors who had been slightly wounded were reported dead and by that indefinable method of communication which prevails in the woodland country, reports of a wholesale slaughter went out to the countryside.

Floyd Allen was before the bar this morning convicted of taking a prisoner from a deputy sheriff. Allen had struck the sheriff over the head with the butt of a rifle and the prisoner escaped. Sheriff Webb had gone up into the mountains and taken Allen, despite dire warnings of what such a venture might mean. Attorney Foster had prosecuted him fearlessly.

With them the assassins half carried, half dragged, one of their number, wounded, and it was said that this was Sidney Allen, one of the brothers.

Three jurors-Messrs. Fowler, Faddis, and Kane-and A. T. Howlett, Bruce Marshall and Stuart Worrell, bystanders, were wounded.

Floyd Allen, the prisoner at the bar, was shot several times, probably not fatally.

Sheriff Webb's deputy, with country folk, is guarding Allen. It is reported that friends may attempt to rescue him tonight.

MAY BE MORE DEAD

Various Reports in Circulation Con- cerning Hillsville Tragedy.

Nothing which has ever occurred in this section ever created such widespread excitement as was evoked here yesterday when Daily Telegraph bulletins were posted telling the awful effects of the tragic recall of Judge Thornton L. Massie, who with Commonwealth Attorney W. M. Foster, Sheriff L. F. Webb, and Foreman of the Jury A. C. Cain, of Carroll county, was shot to death in the Carroll county court room at Hillsville, Va., yesterday morning by Floyd Allen and a number of his friends. In addition to the above fatalities County Clerk Dexter Goad was shot through the neck and has since died; Jurors Fowler, Blankenship and Douglas were shot, and two spectators, Stewart Worrell and Andrew Howlet, were injured. Floyd Allen, himself was injured and was afterwards, overpowered and rushed to a room in a local hotel where he was placed under a heavy guard, while armed posses started out in pursuit of the men who had taken vengeance on the officers of the circuit court, which previous to the shooting had found Floyd Allen guilty of a felony.

Governor Mann, of Virginia, was notified of the tragedy and called on for aid in keeping order. He immediately called W. G. Baldwin, of the Baldwin-Felts Detectives at Roanoke, and T. L. Felts, Bluefield manager, asking them to head posses into the mountains of Carroll county and the adjoining district in North Carolina for the purpose of apprehending the men guilty of the most frightful crimes in the history of the state. Immediately following his conversation with Governor Mann, T. L. Felts called together several of his men in this section and telephoned in a number of others stationed in the field, and when train No. 2 arrived here a number had been gathered in response to the governor's call, and boarded the train en route to Radford where they boarded a special train for Blair, the nearest point to Hillsville. Probably a dozen more Baldwin-Felts men left on No. 16 last night.

Reports of all kinds were circulated regarding the affair, but the account which appears to be nearest correct was received last night by telephone from Pulaski.

This report says that about six months ago Floyd Allen met Sheriff Webb, who was accompanied by two prisoners, nephews of Allen. Allen pitched into the sheriff and beat him over the head with a gun and finally succeeded in assisting the prisoners to escape. Since that time he evaded arrest; until the prosecuting attorney and Judge Massie, who is said to have been making a strenuous effort to clean up the criminal element of Carroll county, succeeded in bring him to trial on a charge of assault with the criminal intent of maiming. His trial was completed Wednesday, and the case given to the jury. Yesterday morning shortly after court convened with Judge Massie on the bench, the jury was called and asked if they had reached a verdict. Foreman Cain reported that a verdict had been arrived at and the court directed that it be reported. Foreman Cain read the report which found Allen guilty as charged and recommended a punishment of one year in the penitentiary. Allen was standing when this report was read, and as soon as it was completed Judge Massie directed the sheriff to take the prisoner in custody.

Before the order could be carried out Allen drew himself up to his full height and directing his words at the court and the foreman of the jury, said he had already served one term in the penitentiary and would never spend another moment in jail. With that he whipped a revolver from his pocket and fired at Judge Massie, killing him instantly.

When Allen drew his gun there was a rush by the court attendants to disarm him, but the signal for battle had already been given and relatives and friends of Allen arose in all parts of the court room and the result would make it appear that they carried out a prearranged plan of killing every official having anything to do with the finding of the verdict.

How many pistol shots were fired will never be known but the deadly aim of the men with the guns shows how coolly they went at their destructive work. The court attendants and law-abiding citizens grappled with Floyd Allen who was overpowered, but not until after he was shot and wounded. One report says he was killed, but this has not been confirmed. The remainder of his friends succeeded in making their escape.

The firing of the first shot created the wildest confusion. Officers and some of the spectators who happened to be armed joined in the melee and tried with all their might to defend the court attendants and the judge. Almost at the first volley, Judge Massie fell behind the bench, fatally wounded. He died an hour afterward without being able to speak. After the judge had fallen the desperadoes turned their weapons on other members of the court and jury.

Commonwealth's Attorney Foster fell with several bullets in his brain. Sheriff Webb, brave and courageous to the end, struggled frantically to reach the mob and stop their deadly work, but before he had taken a dozen steps he plunged to the floor shot to death.

Three of the jurors were shot.

Floyd Allen, the prisoner and the man who began the affray, was wounded in the abdomen. While in the midst of the fight he fell to the floor, crying out that he was hit.

Scores of persons in the room, after the firing began, made a rush for doors and windows, trying in every way possible to escape. In less time than it takes to tell about it a large part of the crowd was on the court green, and in a minute more the Allen band rushed out. The whole affair did not take two minutes scarcely one minute, and almost before people of the town realized fully the awful character of the tragedy, the perpetrators of the crime were flying toward their hiding places in the hills.

The only one of the Allens and their friends who did not escape was Floyd Allen, the young man on trial. He was lying on the floor apparently at the point of death, with a bullet in his stomach. Behind the bench on the rostrum lay the judge; while on the floor were the commonwealth's attorney and sheriff, the wounded juror and one or two spectators.

No effort was made at first to pursue the fugitives. Their awful attack and the shocking consequences stupified the entire community, and it was hours before an organized plan was on foot to bring the criminals to justice. The court room presented a scene like to that which follows battle. On the walls and floors were marks and scars made by the flying bullets and pieces of plaster were strewn everywhere.

How many members of the Allen family were in the court room and participated in the shooting is not known. Floyd has two brothers, Sydner and Jack, neither of whom, it is said, was in the building. One report has it that Floyd's father was there, but this report has not been verified. As a matter of fact information concerning the desperadoes is exceedingly meager and probably will not be forthcoming fully until after some of them are arrested.

The Allen brothers were known to be young men of desperate courage. They were indicted at the last term of court for rescuing a prisoner from the sheriff, and Floyd was the first of them to be tried.

The following was the message received here yesterday morning and was dated at Galax:

This morning, just after court opened, a crowd of Allens with their sympathizers, shot and killed Judge Thornton L. Massie, Commonwealth's Attorney William Foster, Sheriff Webb and a joror said to be named Douglas. Clerk Dexter Goad was shot through the neck and probably fatally wounded. One of the Allens was mortally wounded. The remainder of the clan made their escape. The shooting grew out of the trial of Floyd Allen on a charge of assault. The jury had just brought in a verdict, convicting Allen and then the shooting commenced. There had been rumors of threats by the Allens, but it was not generally believed they would resort to such desperate measures. It is reported that troops will be sent to Hillsville by the governor.

It is not known where Allen got the pistol, but it is believed it was handed to him by some one in the crowd, or that he had it concealed about him.

Judge Massie was about forty-eight years of age, having been born near Tye river, Nelson county, Va. He attended Pantops Acadamy and afterwards the University of Virginia, graduating in law in 1888. He settled in Pulaski shortly after being admitted to the bar. He married Miss Mamie Nicholson. He soon built up a large legal practice. In 1908 Judge Massie was appointed to the judgeship of the Twenty-first circuit, to succeed Judge Robert C. Jackson. In taking the judgeship Judge Massie knew that he was assuming a terrible risk, as everyone who had ever sat on the bench in Carroll county had been threatened by certain lawless characters, the Allens, it is said, figuring prominently among them. Judge Jackson, in fact, when he was presiding there, was openly threatened by certain moonshiners whom he was trying to drive out. Despite the difficulties in the way Judge Massie made a reputation for himself as an excellent judge, an honest man, and a friend beloved by many.

William M. foster was a native of Carroll county, having been born in Hillsville about thirty-five ears ago. He attended Emory and Henry College and later studied law at Richmond College, graduating about the year 1900. He returned to his native town, practicing law and shortly afterwards, despite his youth, was elected commonwealth's attorney. He was a leading Republican. He married a Miss Tipton, sister of Dr. Tipton, of Roanoke, and leaves a large family of small children.

Lewis F. Webb was a native of Carroll county, about fifty-five years old. He married about thirty years ago and leaves a widow and family of grown sons and daughters. He has faithfully served in the position of deputy sheriff of Carroll county for about twenty years, having been elected sheriff a year ago. He had acquired the enmity of the Allens in his official work, having had numerous tiffs with them heretofore.

Dexter Goad, clerk of the Carroll court, was about forty-five years of age, a native of the county. He was married and leaves a large family of children. He had served two terms as clerk, having served in the legislature one term prior to his election as clerk. He is the recognized leader of the Carroll Republicans. He has been an efficient official, and has proved a conscientious and upright man in all his dealings.

It was learned here yesterday that Floyd Allen is one of seven brothers, all of whom are well-to-do citizens of Carroll county, their wealth being estimated at from $10,000 to $20,000 each. They were formerly moonshiners, but it is said they have not engaged in that work for some time, but have devoted their energies to farming and making money in less hazardous occupations. They are said to be a wild set and a story was told here yesterday of two of the Allen brothers who some years ago got into a fight. One shot the other in the head. The bullet stunned him and he fell to the ground. His brother then jumped on him and stamped on his prostrate body. Immediately he regained consciousness he stealthily reached for his gun and fired three shots into the stomach of his brother, wounding him severely.

It was said here that the affair at Hillsville has but one equal in the annals of Virginia history. About fifty years ago a short distance from Chatham, it is said, a divorce case arising out of family troubles between the Witcher family and Clemens families was being aired in a magistrate's court. The testimony naturally was of a nature which did not help the strained situation and a fight started in which four or five men were killed.

Hillsville, where the tragedy occurred, is a small town, with a population of about 500, situated at the foot of the Blue Ridge in the heart of Carroll. It is a very mountainous country and the blue hills shut in the horizon on every side.

JUDGE's FRIENDS WARNED.

Allen Clan Said to Have Sent Case of Ammunition to Hillsville

A report received from Roanoke this morning said that the Allen clan had warned friends of Judge Massie that there would be trouble if Floyd Allen was found guilty. To enforce this threat a case of ammunition was sent to Hillsville, and upon its arrival the previous day there was considerable talk about the force of the threat.

Judge Massie, who was a big 210 pound giant, fearless and courageous, who had dealings with the mountaineers during his entire life, did not become frightened but continued on in his course of enforcing the law. It was the fear of his record for enforcement of the statutes which had earned for the judge the reputation which made the Allens feel it would be necessary to ship a box of ammunition to Hillsville to influence him in his decisions.

Telephone communication, because of the storm last night and this morning was impossible between Bluefield and Galax, or even between this city and Roanoke, but a report from Roanoke this morning said that none of the Allens had been captured up to midnight, although two had been shot in the court room.

SIX MORE DETECTIVES

Sent to Hillsville By the Baldwin-Felts Agency.

The Baldwin-Felts Detective Agency here sent six men last night to Hillsville, Va. The men left here in charge of Mr. Belk and carried with them several Winchesters and several thousand cartridges, which proved beyond a doubt that trouble is expected before the Allens and their sympathizers are taken.

It was freely predicted about the depot as train No. 16 left here that some of the men would not come back alive, but this did not deter for a moment the silent men, armed and girded with ammunition, went in response to Governor Mann's call for aid to run down the outlaws who caused consternation yesterday in the Carroll county court room and wiped out the executive branch of the government of that county. From here the men went to Radford where they will take a train to Pulaski from which point they will go to Hillsville and report to T. L. Felts, who is in charge of posses which will scout the mountains for the desperadoes.