The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-12-12
Executives Action Based d
Claim Of Newly-Dis-
coved Evidence
APPEAL TO
THE SUPREME COUR1
High Tribunal Will Be Asf
ed to Grant Rehearing
for Both Floyd and
Claude Allen

participation In the shooting uwS
OF Wythe county court last gu1n@
mer I'm which i've persons we9N
killed, were respited yesterday NJ
Governor Mann until JAnunxY
18th.
This second lease on life 49, q
granted the Aliens ON the strength
of II formal statement signed 0V
four prominent Richmond attCG |
neys certifying that in tl1eSr 3
Judgment the newly discovcfe1 ~
evidence In the cases Of bO1h
Floyd and Claude Allen wae Ct M
such weight as 70 Induce th6 6IE-
prerne court to grant new tri1nn
to the condemned men, and t1n
the new trials should produce d1k-
ferent and more lenieut veryltC10s
Doceeision Telephoned to PrisOn
~ TAe- governor granted the d01N
ton an audience at o'clock and Z
ter reading the statement and the r.
ton which accompanied 1t and me-
Ing brief argument from the attorno
on the nature of the after discoveH
evidence announced his decision
o'clock Secretary Ben p, Owen q
ficially communicated the intelligNn
to Major James d. Wood, snpoxx
tendent OF the penitentiary. BY t0l
phone. instructing him to suspend Z
rangements fer the eiectrocutinn
the men. s IN
Aimed nj Conspiracy Tho0fy.
The petition presenting this aftG
discovered evidence, which II v0lu1
inous, sets forth circumstances tend
ing to disprove the conspiracy theoS
on which Floyd and Claude Alien 49,
convicted; statements tending to sn0,
political feud between the All&
in, nrt nftt eia
legged dying declaration of Miss Ayo
that she was shot by Clerk D0xt
Goad, and the statement OF q 3u&<
who served In the case of Floyd
len stating that he voted for coHN<
ton on conspiracy, not because ~
lieved 1t was proven, but becau1o
interpreted the second set Of instx(
tons as instructing the jury 9o
vote.
The main points In the alto~
newly-dfscpvered evidence were
gued formally and briefly to the o.
ernor by the attorneys.
The Formal Statement.
In the sta tement accompanies
petition. which Is signed by Rtch
Evelyn Byrd. Harry III. Smith.
James F. Minor and Hiram n. 01k
the petitioners aver:
I'VE certify that we have cArGe
examined the newly discovered
dence in the two cases Of the O.
monwealth against Floyd Allies
Commonwealth against Claude A1
and that in our Judgment It - "
materially and weight as should
duce the courts to grant = new
and on new trial should prodU
different and more lenient yols
And we are of opinion that tha
preme Court Of Appeals OF VII
has the legal power and should
these facts are properly presenko1z
rect the Circuit court of WythaS1
ty to hear motion for . new tn
said cases, which, in our opInboG
court should. upon the newly an
cred evidence to be presented. IN
Following the conferences 06N
Mann gave out the formal stA1@
OF the petitioners with this ofl1Hl04
appended: %sSS
Upon the above certincate an1
petition which accompanies ~
hereby grant a reprieve to Clmn
Allen and Floyd Allen to the Ami
January. 1913"
The Hearing Privsts.
Governor Mann had by aGro
set Il o'clock as the hour for h1
the final petition for the conA
men, but there was delay IN DfoG
inc uOCu1il1htSs Afku ny CU&h14NLK3#
hearing was deferred to Ofc1oQ
that hour Richard Evelyn BYrd
nv NJ. Smith, Jr., James r. Min
Hiram NJ. Smith fllsd into th0
errors private Office. A few Mn11
later Speaker Byrd returned II
reception room and secured m
dozen law volumes, brought En-
the purpose, and at the sa&n(
summoned Victor Allen. bro4M
Claude. who had been sitting
with q group OF reporters. -
ference. No one else wgs CT
except Secretary Owen.
AT s o'clock Secretary
emerged and telephoned SuN
dent Wood to suspend preparA1
the execution of the two men
ing him Of the governpfsa 4
Presently the attorneys. nhoN
pleasure they felt at the sa4
their efforts, filcd ont with
len. The iatters face was ~
sioniess as when he entereg<
had no comment to make
as quietly a. he had entete
Governor Mann had nOtntn
beyond the brief oficiaI nQte
to the statement Of the at1~
The news OF the govexnc
spread quickly. and On tn Ne
In the naarts or trade IN
was rs varied a. cOmIncn1
sibly be. many expresainG
the law hnd NOT been allQ44
it's course. and many Ot44e
ing pleasure III the leaas, NJ
ed the Aliens. s
Condemscd No. N&1
A. soon a. NJ receix9
news from Sccretary 0MM
Major Wood. sstp1TiniA1
Stat0 prinoU. U0ffHN6 AAn1is