William Franklin Harris Testimony Of The Floyd Allen Trial

Here is the testimony by my great grand father William Franklin Harris on the infamous Floyd Allen trial in the Carroll County Virginia in March 14th 1912. This paper was found in my father's papers of George Benjamin Harris. The testimony is complete but I believe it is that will be found on the Internet. All of the Harris family history is on the net by me.

W. F. HARRIS, Sworn, for the Defendant.

DIRECT EXAMINATION

By Judge Hairston.

Q.	Where do you live?
A.	I live in Carroll County.
Q.	How long have you been a resident of Carroll County?
A.	I have been a permanent resident of Carroll county since 1871, I think.
Q.	Have you spent most of your life in Carroll?
A.	Yes, sir, most of it.
Q.	What is your business?
A.	I am a farmer; have been.
Q.	Where you on the jury at the March term cuff the Carroll court that tried Mr. Floyd Alien?
A.	Yes, sir.
Q.	Where were you sitting on the jury, what position on the jury did you occupy?
A.	During the time of the trial I occupied different seats, but I think on the morning of the tragedy when the jury filed into the Jury box, I was occupying a seat at the foot of the jury, at the north end of the jury box.
Q.	Was that the end of the jury next to the Thornton hotel?
A.	Yes, sir.
Q.	Just state to the jury, as near as you can, what occurred after you rendered your verdict?

BY THE COURT: I didn't exactly catch where this juror was sitting.

A.	My back was to Judge Massie's stand at the time of the shooting.

JUDGE HAIRSTON: State as near as you can, what occurred after the rendering of the verdict?

A.	There were some words exchanged, between the Judge and the counsel for the defendant in regard, to a new trial and bail, 1 think; and after that was settled the Judge called to the sheriff to take charge of the prisoner. I think these were the words he used, and the sheriff----- I was sitting facing the sheriff and the clerk's desk, and I was looking straight at the sheriff at the time he received his instructions, and Mr. Alien was just over in the bar to my right and a little in front, and was near enough in line of my eye when looking at the sheriff, and when he rose up he caught my eye, and then I turned my eye from the sheriff, and from that part of the court house, and turned myself more in front facing him, and my mind and my eye was placed on him then.
Q.	What occurred then?
A.	He rose up out of his chair and commenced to work at his sweater and remarked with an oath that he was not going.
Q.	Then what occurred?
A.	Shortly after that then very quick after that, after he rose up, the firing commenced.
Q.	Where did that firing begin?
A.	I just couldn't tell you now where it commenced.
Q.	To the best of your memory, where did it begin?
A.	I am not accurate in locating sound, but I think there were three shots.

MR. POAGE: Never mind what you think, tell what you know.

Q.	To the best of your knowledge.
A.	There were three shots fired, it seems to me, in rapid succession; that is the best of my knowledge; there were three shots fired, but as I told. You just now, I am not accurate on sound. having had catarrh in my head a good many years.
Q.	To the best of your knowledge, Mr. Harris, where did the first shot come from?
A.	It seemed to me that the first report was from the south or southeast part of the court house somewhere.
Q.	Is that in the neighborhood of Dexter Goad's desk or where the sheriff was?
A.	On, that side, it, seemed to me it was somewhere on that side of the courthouse. Now I am not giving this as facts.
Q.	That is your best recollection?
A.	It doesn't require recollection altogether so much as direction of sound by the ear.
Q.	How close together were those three shots that you spoke of?
A.	They were just far enough apart to distinguish, one from the other.
Q.	Where were the other two shots, do you think?
A.	I am by that just like I was the first, I couldn't locate them, but they appeared to be more at my back like they might be in the northeast cornet of the court house, but then I couldn't say as to that positively.
Q.	You were a Confederate soldier, were you?
A.	Yes, sir.
Q.	Where you very much excited at that time, or not?

QUESTION OBJECTED T0 BY COUNSEL FOR THE COMMONWEALTH AS LEADING. OBJECTION OVERRULED.

A.	I don't know as I have got any very accurate thing to measure my excitement by and I couldn't answer that question positively to what extent my excitement reached just at that time. Of course I was to some extent excited, I will admit that, I was excited to some extent.
Q.	About where was Mr. Webb standing the last time you saw him?
A.	He was standing at the clerk's desk.
Q.	Was there much of a crowd, or not, there?
A.	A good many people around the Clerk's desk and the jury was in the jury box between him and me.
Q.	Do you remember where Mr. Goad was standing?
A.	No, sir, I don't remember seeing Goad at the time.
Q.	Do you remember whether Mr. Gillaspie was standing there, the deputy sheriff?
A.	No, sir, I didn't see him at all.
Q.	Was he standing right by Webb, or not?
A.	I couldn't tell you?
Q.	Do you remember where Foster was standing?
A.	I don't know Mr. Foster's position at that time, no, sir.
Q.	Do you know where Mr. Fowler was standing?
A.	No, sir. When this thing began I was looking direct at the sheriff.
Q.	Did you see any shooting at all in the courthouse?
A.	I didn't see a shot fired.
Q.	Do you know Victor Allen?
A.	No, sir.
Q.	Do you. Know either of the Edwards boys?
A.	So, sir, I never saw any of them until that trial some of them testified in the case, but then I did not know then.
A.	Do you know where any of them were standing at the time of the shooting?
A.	No, sir.
Q.	Did you know Sidna Alien?
A.	I didn't know Sidna Allen until the trial commenced, but he was in there and testified, and I think was recalled to the stand, and during that time I became acquainted with his face; familiar with his face, until I would recognize him when he came in, that is all I know about him.
Q.	Then at the time of the shooting, you cannot recall where any of the Allens, or anybody were except those you have mentioned?
A.	None of the Allens, no, sir.
Q.	Where did you go after the firing began, if anywhere?
A.	I started to the door.
Q.	Which door?
A.	The door on the north side next to Thornton's; I started to go out at that door and I went about three steps, I think, as well as I remember, about three steps from there, and I jammed up against the crowd that was between me and the door until I couldn't get no further, and I just went down to the floor as close as I could get, squatted down and ducked my head so as to protect myself as much as I could from the balls, and remained there until the firing was over.
Q.	After the firing was over, then where did you go?
A.	I went down the steps on that side of the house.
Q.	Did you go on out on the street?
A.	No, sir, I didn't go out on to the street.
Q.	Where did you go?
A.	I just went down to, the foot of the steps and turned to the right along the wall to the courthouse north.
Q.	North, was that in the direction of the Thornton hotel?
A.	Yes, sir.
Q.	Did you remain out there any length of time?
A.	Ho, sir, not very long.
Q.	Then where did you go?
A.	I went back up into the courthouse and just walked across from that side of the house to the other stairway on the south side and went backup into the courtroom.
Q.	Did you go to where Judge Massie was?
A.	I went to where Judge Massie was before he died.
Q.	Who was up there when you went up to where Judge Massie was, do you remember any body in the court house then?
A.	When I went up on the Judge's bench where he was, I do not remember now that there was but one person up there and that was Mr. Daniel Thomas. He called me.
Q.	Did you know Mr. Thomas?
A.	Yes, sir, I knew him.
Q.	He is a neighbor of yours, isn't he?
A.	He lives close not very far off.
Q.	Did you hear Judge Massie make any remarks?
A.	No, sir, I didn't hear him make any remarks.
Q.	Did you go where Mr. Webb was?
A.	Yes, sir.
Q.	Did you see any pistol near Mr. Webb?
A.	No, sir, I didn't; see any pistol.
Q.	Did you go where Mr. Foster was?
A.	Yes, sir.
Q.	Where was he?
A.	He was in the grand jury room on the southeast corner.
Q.	Who was in there with Foster?
A.	I can not recall any man now that was in there; there was probably one or two parties in there, but I don't think I knew in there.
Q.	Did you see any pistol in Mr. Foster's room?
A.	No, sir.

CROSS EXAMINATION

Q.	I am not right sure that I got your age, what did you say it was?
A.	72.
Q.	I understand you to say that you could not always locate sound accurately?
A.	No, sir, I am not accurate in locating sound.
Q.	You wouldn't undertake to do it under any circumstances?
A.	Not from the hear alone; I wouldn't like to.
Q.	You don't undertake to say you can locate any of these shots in the courthouse accurately at all, do you?
A.	No, sir.
Q.	You don't know whether they came from the northeast, southeast or northwest accurately?
A.	No, sir.
Q.	You wouldn't undertake to say, would you?
A.	No, sir, but to testify to the exact location from which they came, wouldn't do it?
Q.	All you know is that you heard shots in the courthouse?
A.	Yes, sir.
Q.	And where these first shots were coming from you don't know?
A.	No, sir, I couldn't state positively.
Q.	You wouldn't undertake to do it?
A.	No, sir, I don't aim to.
Q.	Now, I understood you to say in answer to Judge Hairston's question that you were sitting rather at the northeastern corner of the jury, is that correct?
A.	I was on the north side of the house, the jury box runs along by the side of the Judge's stand from south to north, and there is hardly room there and they turn across the south side of the Judge's stand, they turn across the hall, and I was sitting on one of those chairs across that way right near the bar.
Q.	Were you sitting on one of those chairs that turned across the hall?
A.	Yes, sir, sitting near the bar.
Q.	When the Judge Massie turned to Mr. Webb and told him to take charge of the prisoner Sheriff Webb was standing by the clerk's desk, wasn't he?
A.	Yes, sir.
Q.	That is his usual position, I believe?
A.	Yes, sir.
Q.	There is a little raised platform there on which the sheriff stands?
A.	Yes, sir.
Q.	And when he received instructions from the court to take charge of the prisoner he straightened up with his hands down by his side, didn't he?
Q.	Just that way (indicating)?
A.	Yes, sir.
Q.	He made one step off that platform?
A.	I think that was just it, I think he made one step when Mr. Allen rose up, and then my eye was taken from him and I didn't see him any further, but I saw straighten up and take that step.
Q.	Then just as Webb stepped off the platform for the purpose of obeying the court's instructions, Floyd Allen rose up in the bar?

MR. WILLIS: That is argumentative, and we object to it.

OBJECTION SUSTAINEED.

(BEFORE THE OBJECTIONS WAS MADE BY COUNSEL)
(THE WITNESS ANSWERED "That is the way I                     )
(saw it.                                                                                      )

MR. POAGE: I will ask it this way, then just as the sheriff stepped off the platform, as stated by you, Floyd Allen rose up in the bar?

A.	Yes, sir that is the way I saw it.
Q.	You could see him when he rose up, couldn't you?
A.	Yes, sir, he was not directly in front of me you understand, but near enough in line with my eye, in looking at the sheriff I did see him then he rose up.
Q.	Did the sheriff step off this platform just as soon as the judge told him to take charge of the prisoner?
A.	I think so; I don't think there was any time that you mention or delay; he just rose up like a man ordinarily would to do a thing of that sort.
Q.	When Floyd Allen arose, as stated by you, he commenced to fumble with his sweater, didn't he?
A.	Yes, sir.
Q.	And he said with an oath "I am not going", didn't he?
A.	Yes sir.
Q.	What was that oath?
A.	I am by that as I am by some other things; the way I understood it was "Gentlemen, I will be God damned if I am going."
Q.	You thought he said that?
A.	That is the way I understood it.
Q.	You would have been at that time, sitting pretty close to Floyd Allen, wouldn't you?
A.	Yes, sir, I was tolerably close.
Q.	Floyd Allen was rather on the northwestern part of the bar at that tine, wasn't he?
A.	Yes, sir.
Q.	How many feet would you have been from at that time do you suppose?
A.	Not more than six or seven feet, I don't think.
Q.	After he arose up, he commenced fumbling with his sweater, didn't he?
A.	Yes, sir.
Q.	Did you see him get a pistol out?
A.	I think so, yes, sir; he taken a weapon of some kind from his left side somewhere and threw it over just in that direction, just in that way {indicating), and when it passed over that way, it went out of my sight it was just a moment in my, view, but I could see the gleam of something or other.
Q.	In Floyd Allen's hand?
A.	Yes, sir.
Q.	You took that to be a pistol?
A.	I taken it to be, I don't know positively that it was because it was in and out of my sight so quick, I couldn't state positively it was a pistol.
Q.	Had any shots been fired then?
A.	Yes, sir, there had been several shots fired then.
Q.	But what you took to be a pistol in Floyd Allen's hand you saw him throw over that way (indicating)?
A.	Yes, sir.
Q.	That would have been in the direction of Foster?
A.	Yes, sir it would have been in that direction.
Q.	Had you seen Foster standing over there?
A.	No, sir, I hadn't noticed Mr. Foster during the tine I was looking at the sheriff; I saw hire standing there I think just outside the bar between the bar and the clerks desk just before that where he was re-writing the verdict, but after time I didn't see Mr. Foster.
Q.	He was standing at that time just outside the bar, you say?
A.	Yes, sir; but after that I didn't see him.
Q.	Could you tell which side Floyd Allen drew that pistol from, his right or left side?
A.	It came from his left side, I think, well, I am positive almost, that it did come from his left side. He taken his hand just in this way (indicating) the right hand he was standing rather with his left side to me.
Q.	After the first two or three shots the firing became rapid, didn't it?
A.	Yes, sir.
Q.	From every direction?
A.	Yes, sir, different directions.
Q.	And you were tying to get out?
A.	Yes, sir.
Q.	And you finally got out down the northern steps?
A.	Yes, sir, but not until the firing was over in the courthouse.
Q.	That is the side next to the hotel?
A.	Yes, sir.
Q.	Had any of the Allens passed you or did you pass any of them, as you went down?
A.	Not that I remember of; I do not remember of any of them passing me, or I passing any of them.
Q.	Did you see any of them after you got outside the courthouse?
A.	Yes, sir, I saw Mr. Sidna Allen after I got out of the courthouse.
Q.	Where did you see him?
A.	You mean where was he?
Q.	Yes, sir.
A.	He was about halfway or probably a little more then half way from the courthouse wall, the wall of the courthouse down to the gate entering the street.
Q.	Was he firing back in the direction of the courthouse?
A.	No, sir, he was not firing at all when I first saw him.
Q.	Did you see Sidna Allen firing at all?
A.	I saw him after that firing.
Q.	Which direction was he firing?
A.	He threw his pistol in the direction of the street; it looked to me like, like he might be firing at something on the street somewhere.
Q.	Did you see Floyd Allen down on the court green?
A.	No, sir, I did not see him.
Q.	You did not notice him?
A.	No, sir.
Q.	Just before you saw Sidna Allen firing as described by you, or just about that time, didn't you hear him say "Let us get the last God damn one of them," or some such expression as that?
A.	It was an expression similar in that and that was why I saw him, the way I came to see him, as I stated a bit ago, then I stepped down to the foot of the steps, I came to my right towards the Thornton hotel right alone the wall, and I don't think I made but one step, probably two until I heard somebody just down that way toward the gate, commence to say "Kill the last damn one of them," and I turned ay eyes that way, I just threw my eyes that way and it was Mr. Sidna Alien standing with his pistol in one hand and his other thrust in his pocket, and about the time I got my eyes full on him he brought his hand out of his pocket and commenced as though he was loading his pistol and I just turned with my back square to the wall of the court house and thought I would watch him, and if he came my way, or commence shooting----

MR. WILLIS: Don't tell what you thought.

MR. POAGE: Tell what he did, or what you did.

A.	I just turned ay back to the wall and watched him until he finished loading his pistol and then he turned a little more from me like he was going to the corner of the court green next to Mr. Wilkinson's property on the south west corner of the court green, and was firing, he wag holding his pistol as though he was firing in the street.
Q.	Did you see anybody running down the street while Sidna Allen was shooting?
A.	No, sir.
Q.	Did Sidna Allen re-load his pistol after you heard him say "Till the last damn one of them?"
A.	Yes, sir, it was after that. He had his gun just as I told you then I got my eye on him. His pistol was in one hand and his other hand was in his pocket, and he came out of his pocket with his hand and commenced as though he was loading his pistol. I wasn't near enough to see the cartridges, but I could tell that he was putting cartridges in his gun.
Q.	The best you could see he was reloading his pistol?
A.	Yes, sir.
Q.	And that is the time you heard him say that?
A.	Yes, sir.
Q.	Do you know Mr. Faddie, who was on the jury with you?
A.	Yes, sir, I know the gentleman when I see him.
Q.	Mr. James N. Early was on this jury also with you?
A.	Yes, sir.
Q.	About the time when you saw Sidna Allen reloading his pistol and used the expression as stated by you, did you see in front of the courthouse, or about there any other member of the jury who had served with you?
A.	No, sir, not that I know of, I didn't notice any of them.
Q.	But I understand you to say did see Sidna Allen after he had said "Kill the last damn one of them." and after he had reloaded his pistol, firing in the direction of the street?
A.	No, sir.
Q.	Who he was firing at you don't know?
A.	No, sir, I do not.

JUBGE HAIRSTON: Did you remain on the outside of the courthouse until the firing ceased?

A.	On the street?
Q.	Yes, sir.
A.	There was some firing I think about the time I started up the steps, there was yet some firing on the street.
Q.	In the direction that you saw Sidna Allen firing, was that in the direction of Ed Early's store?
A.	No, sir, it seemed to be more in the direction ----
Q.	Of Wilkinson's?
A.	Of Jimmy Early's store, the direction it was going, it was more to the right than Ed Early's store.
Q.	Was it or not down the street in that direction, is what I want to know.
A.	Yes, sir, it was in that direction, but not directly toward Ed Early's store.
Q.	What sort of a coat did the sheriff have on?
A.	I do not remember that, I could not recall the kind of coat that he had on.

MR. POAGE: Is that responsive to the cross-examination?

THE COURT: It might be.

Q.	Then when he hung his hands down by the side of him, this way (indicating) did you notice hew long those hands remained there, or whether they went into a pocket or not?

OUESTION OBJECTED TO BY COUNSEL FOR THE COMMONWEALTH.

BY THE COURT. Ask him what he did with his hands.

JUDGE HAIRSTON: Do you know what he did with his hands, I mean sheriff Webb?

A.	No sir, not after that, because just at that time Mr. Floyd Allen caught my eye and my attention and I didn't see him any more, I stated that before.

(Witness stands aside)

Looking back with...Lloyd Mathews

June 16, 1991

The jury that heard the case against Floyd Allen on March 13, 1912, was equally divided politically. There were six Democrats and six Republicans, a division that is surprising when one considers the overwhelming number of Republicans n Carroll County.

When the shooting was over the cold dreary morning of March 14, there would be two fewer Republicans, because jurors C.C. Cain and Augustas C. Fowler lay on their deathbeds suffering from gunshot wounds. This added fuel to the argument that the Democratic Allens were out to get their political enemies.

Mrs. Christine Nester Hanks had a grandfather, W. Fountain Nester and a great uncle, John W. Fariss, who served on the jury, and she has lent me a very interesting and Informative sketch that contains a lot of facts about the jury.

I have reproduced the sketch, which is shown below. Looking at the ages, political persuasion, and residential locations of each of the twelve indicate to me that the jury was a fair representation of Floyd Allen's peers. One is made to wonder what information about the shootings Cain and Fowler took with them to their graves.

Most of the jurors seemed to be good scrambled. One later reported that he ran the entire nine miles back to his home after the shootout.

Below are two illustrations from the book "The Carroll County Courthouse Tragedy" © 1998 by Ronald W. Hall with his permission. The book can be purchased at the Carroll County Historical Society at http://historicalsociety.chillsnet.org/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=10&MMN_position=12:12

The Carroll County Courthouse Tragedy by Ron Hall © 1998
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The Carroll County Courthouse Tragedy by Ron Hall © 1998
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Bibliography

See the Alphabetical Index at
http://www.pdharris.com/harris/alphabetical_index.htm

See the Bibliography at
http://www.pdharris.com/harris/bibliography.htm