The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-12-12


men IN person of the governors
I action. He found fatSM- and son,
though almost on the threshold on
their day OF doom, quietly reading
III their cells. Cheerily he Informed
them of the good news, and the faces
! pf the mountaineers lighted with the
pleasure they experienced in realizing
that they had at least thirty days
longer on earth.
1--WE are very much gratifed at the
governors action" said Claude Allen,
and then thanked Major Wood for 50
promptly conveying the news
Aliens Bear Up Well.
According to the prison officials
neither Of the condemned men have
exhibited any signs of depression at
the near approach Of doom. nor has
the nerve OF either deserted MIN
Even when the State Supreme court
8 denied the appeal they did not lose
hope, and the recent agitation on
che rart OF those who hope and eN-
meet 20 save the TWO from the chair
have buayed them further, and the
news yesterday. though naturally
pleasing them beyond measure Of yer
bal expression. seemed not 10 have
been a great surprise.
This Is the second respite the father
ard son have received Sentenced t.
die November I5th. they were re-
prieved by the governor until Pc
cemner eth To give them time to pre-
rare for death after their hopes had
been buoyed up by the unsucccs-'fnl
appeal to- the State supreme court
and the second respite comes to al
iow attorneys 80 present - the s&Fae
tribunal important points of after
discovered evidence not presented ~
II in the former appeal
Begin Work On Appeal
The attorneys who have been 90
pecfaily engaged for this purpose VIII
Immediately begin work upon the pc
tition 10 the state supreme court TOR
a writ Of error and a rehearing
Speaker Richard Evelyn Byrd, fol
lowing the conference, outlined the
plan of procedure by which IL is hoped
TO save the Aliens from the electric
chair In the first place every effort
viii be bent upon upsetting the Conn
u7onwealth's theory of conspiracy,
which was the bass Of the prosecu-
ticn. and, secondly. the point that
the HiHsville massacre was one
crime and that in trying the Aliens
on separate charges Of raurder com
mittcd st the came time and place
the Commonwealth has jeopardized
the lives of these men contrary 10
ton. which WAS not stressed TN TIA"
first appeal To the supreme court, Will
lie emphasized this time
Seek TO Disprove Conspiracy.
THE real charge against the Al
lens" said Mr. Byrd. lis that they
mdae "a conspiracy to murder the court
officers In order to prevent Floyd Al
len being sent TO the renitentiary.
None of them could have been convict
al ssf murder n tha fgsyV@E 4NpEnf
upon this theory, because otherwise
III would have te=n a sudden ARRAY
and not premedHated, Much Of the
evidence relied upon by the Common
- MealIh- Ia prove. - e4sz4&1 liraca- il tbs
cases of Floyd and claude Allen was
either disproved or abandoned in the
cases " hiCh followed.
TOR InsfahcC-the testimony that
Claude went 10 his father before his
jury came in, feat his pulse and asked
y Him Bow 1t Was beating, ana his faith
er asked him IL the boys were ready.
1t turned out Afterwards that "A man
named Strickland, about The size #
and resent ling Claude. fch Floyd :
pulse In g tocuiar way and asked HIM
how he felt This incident was atan-
doned afterward. and yet II had much
10 do with the sentence OF Floyd and
Cha ude to the chair,
''Similarly the evidence that Victor
Allen and Sidna Allen pat their hands
on their pistols when the jury filed IN.
Ii WIS proven on the trial Of Victor
himself, who was acquitted. that he
had no pistol AT all and this was ahan-
doned in the later cases. The jury
has signed a paper saying that THIS
ev.dence had much to do with the YER
dict There is much II this newly
discovered evidence going to dispr0ye
y the theory Of conspiracy"
linn sdiafely after the decision ~
the governor the attorneys repaired 10
the State law library to begin work OF
preparing the petition to the supreme
court.
Course Of the Appeal
II Is understood that ii wlil require
a week To frame the necessary petit
ton To the state Supreme Court OF
Appeals. This viii he presented 10
any one of the supreme court judges
the petitioners may desire. who may
consider it, and il he sees fit. To grant
writ Of error. If he finds nothing
10 justify the writ, be win pass II on
until il has gone the rounds Of the
bench, and no favorable aCtieu ma
be taken. On the other hand. IL the
writ Is granted the petition will be
docketed fer argument by m" peti-
tfoners 10 show cause why new trials
should be granted The writ of err
ror. however. should IT he granted, viii
act as stay Of execution and FloFd
and Claude Alien would he assured II
life until the supreme ceult finally
acted.
The Supreme court conVenes for the
next term january 9TH. So THAT IN the
event the writ OF error ~ g:anted The
petitioners cannot he heard before that
. time, IL then though it Is believed
that in view Of the importance of and
interest in the cases the court would
expedite the hearing.