The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-11-28
RICHMOND. VA Special

AOND' ~ OpCCAdts0
I'm the case OF Floyd Allen
against the Commonwealth, this
court hnds no error I'm the record
and nothing prejudicial TO the de-
PENDANT In the court below, and
the Judgment OF the court below
- affirmed"
In these words, Judge James
Keith, president of the Supreme
Court OF Appeals of Virginia,
sounded what is uniVer-
sahy believed 10 be the death
bnell OF the gray-haired leader of
the so-ca1led Carroll county "out-
laws"
Nor did his Ominous words end
with the announcement which
means 50 much TO the manned
prisoner now i'm the penitentiary
awaiting his doom in the electric
chair. In the next breath Judge
Keith made a similar announce
ment In the case OF Claude Allen,
the physically magnificent son of
Floyd Allen, who also has been
found guilty OF murder I'm the first
degree.
Hardly more than fifteen per-
sons were I'm the court room when
the president OF the tribunal stated
that writs OF error had been re-
AuSC0 tic TWO IDCt1I1OnerS.
1t can hardly be said that the
announcement, significant as IL
WAS, created any surprise, for it
was almost a fOregone conclusion
that no comfort would come to the
father or his son from the SUI
prone Court
This opinion was based on the
general belief that the lower court
he'd made no errors, and that the
prisoners counsel had little, If
any, ground on which TO fight.
ALL CONCURRED.
All five of the judges concurred
in the finding announced by
Judge Kcith-indeed, the dissent
of any one OF the judicial quin-
tette would have meant a writ OF
error.
IL should not be understood.
however, that the appeals of the
father and son are COMPANION
cases They were tried separate
iy, and by different juries. Floyd
was found guilty of murder I'm the
first degree on his first trial.
Claude, however, thrice faced
juries-
Somewhat singuIarIy, both men
were convicted of killing the same
person, Commonwealth Attorney
William NJ Foster, OF Carroll
county, although four other per-
sons also lost their lives as a re.
suit OF the tragedy.
And so it comes to pass that
unless the Governor intervenes
Floyd Allen and his boy, Claude,
who is only twenty-five years old,
Will go TO the electric chair in the
early morning hours OF next Fri
day.
n, x--O,,l.1 ,.<x.. -. ~. .,
that neither man has much 20
hope for at the hands of the
executive. The fate deCreed for
them by the juries, which tried
their cases, seems inevitable
About the best that they can ex-
poet would be n respite, and that
appears hardly likely.
when informed this morning OF
the action OF the Supreme Court.
Governor Mann declined TO ex-
press himself beyond saying that
he would Issue statement
later" When this statement will
come IL not known IL will prob
ably embody his final decision as
10 the appeals for cIemency and
give his reasons therefor.
TO BREAK THE NEWS.
just who will break the news
OF the courts action to the con-
demned men is not known. Major
81. T. Wood, the superintendent of
the pSnltentiary, said this morn
ing that it was not his duty TO
do so. He expressed the opinion
that one of the spiritual advisers
of the prisoners might perform
this melanC holy function.
The Rev. DIR. George w. Nc
Daniel. pastor of First Baptist
1tnUr.reh
SChereIS DR., pastor of the First
English Lutheran Church, have
attended the condemned men
since they reached Richmond.
Mr.. Scherer is I'm Lexington, Ky,
today, but his family, has tele-
graphed him, as he desired TO
get the earliest possible Informal
ton as 20 the action of the court.
IL rs presumed that he will hurry
back to RIchmonu.
Dr. Mcdaniel could not be
reached by telephone today,
though it Is said that he Is in the
city. He, too, has doubtless
been watching for the decision of
the court
UP TO GOVERNOR.
The refusal of writs of error I'm
the cases of Floyd and Claude
Allen precludeS all hope of their
getting a new trial, or indeed OF
their receiving any further consid-
Grafton whatsoever at the hands
OF the Virginia courts. The judi
ctary Is now done with them, and
their only hope of clemency rests
with the Governor.
And even had the Supreme
Court seen fit TO grant the two
condemned men writs of error.
these writs would not necessarily
nave meant that new trials would
DO the sequel. The granting of the
writs would merely have operated
as stay of execution until the
cases could be argued on their