Floyd Allen - Early Life and Activity

Early Life and Activity

Allen was born in 1856 and spent much of his life living in Cana, below Fancy Gap Mountain in Carroll County, Virginia. Floyd Allen was the chief patriarch of Carroll County's leading family, which in addition to owning large tracts of farmland and a prosperous general store, were also active in local politics, illegal liquor manufacture, and bootlegging. A fixture of the community, Floyd Allen was noted for his generosity, quick temper, and easily-injured pride.

The Allens were proud Democrats and were active in local politics in Carroll County. As a result many of the Allens held local offices such as constable, deputy sheriff, tax collector, or deputy sheriff, and supported various political friends for office.

Floyd had a history of violent altercations, including shooting a man in North Carolina, beating up a police officer in Mount Airy, and later shooting his own cousin. In May 1889, Floyd's brothers, Garland and Sidna Allen, were tried for carrying concealed pistols and assaulting a group of thirteen men. In July 1889 the Carroll County court indicted Floyd for assault as well, but in December of that year the Commonwealth's Attorney dropped the case. In September 1889, after pleading no contest to the assault, Garland and Sidna were fined $5 each plus court costs, and the prosecutor dropped the weapons charges.

Judge Robert C. Jackson, an attorney in Roanoke and Judge Thornton Massie's predecessor in the Carroll County courtroom, stated that "Floyd Allen was perhaps the worst man of the clan--overbearing, vindictive, high tempered, brutal, with no respect for law and little or no regard for human life. During my term of office Floyd Allen was several times charged with violations of law. In several instances he escaped indictment, I am satisfied, because the witnesses were afraid to testify to the facts before the grand jury."

Judge Jackson recalled a trial in 1904 in which Floyd was convicted of assaulting a neighbor, Noah Combs. That year,Floyd wanted to buy a farm owned by one of his brothers, but could not agree on a price. Noah Combs wanted the land badly enough to pay the asking price and bought it despite Floyd’s warnings not to “butt in.” Not long afterward Floyd shot Combs (who recovered), and was indicted and tried on charges of assault. Sentenced by the jury to an hour in jail and a $100 fine, plus costs, Floyd immediately posted bail pending an appeal. His defense team included former Commonwealth's Attorney Walter Tipton and recent County Court Judge Oglesby. At the next term of court, Floyd produced a pardon from Governor Andrew J. Montague suspending the jail sentence.

In another instance, arguing over the administration of their father's estate, Floyd Allen got into a gunfight with his own brother, Jasper (Jack) Allen, a local constable. In a fusillade of shots, Floyd hit Jack in the head, which struck a glancing blow on Jack's scalp, while one of Jack's bullets hit Floyd in the chest. His pistol empty, Floyd proceeded to beat Jack with the butt of his empty revolver. Sentenced to a $100 fine and one hour in jail for wounding his cousin, Floyd refused to go, saying that he "would never spend a minute in jail as long as the blood flowed through his veins". Floyd's body bore the scars of thirteen bullet wounds, five of them inflicted in quarrels with his own family.

Despite their history of violence, the Allens held considerable political power, and Floyd had a reputation for courage. In 1908, while serving as special deputies, Floyd and H.C. (Henry) Allen, a relative of Floyd, were charged with unlawful assault upon prisoners held in their custody who had reportedly resisted arrest. On February 1, 1908 the Allens were convicted of the charge and sentenced to ten days in jail and a fine of $10. Only a month later, their petition for executive clemency was granted by Governor Claude A. Swanson, restoring their political rights to hold office.

In 1910 Sidna Allen, Floyd's brother, was tried in the United States court at Greensboro, N. C., for making twenty-dollar counterfeit coins. The federal court in Greensboro, North Carolina found him not guilty, while Sidna's alleged accomplice, Preston Dickens, was found guilty and sentenced to serve five years in federal prison. Sidna was retried and found guilty of perjury in his trial testimony, and was sentenced to two years' imprisonment. Sidna promptly appealed and gained a new trial on the perjury charge. The next year, after the Allens complained that they could not expect justice from William Foster, the Republican Commonwealth Attorney of the county (who had recently switched parties), Judge Thornton L. Massie had appointed both Floyd and H. C. (Henry) Allen to the post of police officer for the New River section of the county.

However, times were changing. Virginia's judicial structure was altered in a series of legal reforms, particularly the county court system, which was replaced by circuit courts. The new system appointed a full-time judge to hold court at scheduled intervals in a circuit of several counties. While the state legislature still appointed circuit judges, the new system reduced the ability of individual delegates to ensure that their own preferred judge was selected for their particular county. Furthermore, Judges could no longer practice law for private clients while on the bench, and as regional judges their susceptibility to local influence and public opinion was reduced.