The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-12-12

Iawabiding citizenship than we have
in Caroline County. They are not
much given TO hysteria. so far as
have been able 10 observe. l cannot
speak for the whole county as 10 their
opinions on the Allen cases, but not q
single one of those with whom ! have
talked believes that either Of the A.
lens now under sentence Of death,
ought to be executed. l am not saying
anything against the jury system nOf
against the conscientious performance
OF duty on the part of any jury. Dut
all know that juries are not infai-
lible. We know also that juries do not
ALWAYS decide cases according to ''the
law and the evidence" For instance.
do they not sometimes bring in YER
diet of not guilty when the prison
er is plainly guilty. when there is 40
doubt about his having committed the
crime when the COmmonw ealtn's at
torney asks for verdict Of murder IN
the first degree But they exercise their
rights as jurors and turn the man loose
because they think that. under the cir
cumstances. an exception oUgh 70 b.
made in his case. Is II not possible
that juriess might sometimes be biased
in the opposite direction? Now. we
know that the Judge cannot touch 4
verdict of not guilty" but the Judge
can set aside verdict of guilty. II n
his Judgment il !. harsh. or not Just
fed by the evidence. Thus the JudSe
stands between the prisoner and the
Jury. and IN like manner the Governor
stands between the prisoner and ths
execution OF the sentence. The whole
machinery Of the law Is so framed as
10 give the prisoner the benefit OF every
REASONABLE doubt. because he IS con-
sidered to be innocent until he IS prov -
ed to be guilty. Now. in the first trial G.!
Sidna Alien. Il was reported IN the
papers that on first ballot the jury
stood SIX for acquittal one Tor muir
der in second degree and Eve for muir
der in first degree Nevertheless, the
same Jury afterwards agreed and
brought In verdict that called for a
nenftentiarv sentence. II this Is SO.
how did IL happen2 II these six mea,
after hearing all the evidence ana al
~. argument OF counsel. believed, on
their oaths. that the prisoner was not
guilty. how did the yafterwarcs ana
him guilty2 And II six OF the Jurors.
after hearing all the evidence ana all
the argument OF council, believed Ms"
innocent would you not consider thAS
fact as a reasonable doubt. ana ouEit
not the prisoner to have the oenen' Oh
i,o Much more might he said on th.s
line but this = enough 70 shv" 'hat-
as I said in tho beginning. juries ave
not always infaIiib.e. II these Things
no 60 and IL any reasonable doubt -
always TO operate in favor Of the pTis-
oner then why not consider the trsl
iurv ana the SECOND jury that tri'a
Claude Allen instead OF cNnGlns 50
tenacsously to the verdict % the last
iurv that tried him? As for FioF" Al
len the most intelligent and thouSn'-
full men with whom I have talked are
- ,be op,riou that the sentence 81
one wear In the peniteptiary was o"t
% proDort,on 10 the Offense IN the Frs
,n.tsnre We arc told that h did not
t,hera.e thu prisoners (his ncphewsl.
I'm, only removed the irons from them
esw that .hev were safely delivered.
"a then II mistake not went ban
for th.sr appearance. In my Judgment
~. df1 not show his contempt Tor law.
buf sirnpIv tina; he did not approx
vvba, he believed % be an INV arran -
Cd abuse O.. authority by the ofHcer IT
charge.
OF course. do not mean 70 say tn't
~ srq.f-cd him IN such rebellion
against the court ss - SHOOT At any
| oricer Of the court. but can anybody
I'll m. how IL happened that all the
oairers Of the court teNcep; the juds"'
I had pistols IN their pockets that caf I
This fact has been much commentrd
upon. Was 30 because they expected
! frouble2 n 80. was n not their du-y
10 inform the judge. and would ~ not
have been his duty then 20 have every
man IN the courthouse searched Tor
weapons before h. began court pro-
| cccdinEs7 Is - not n violation ~ law
to carry concealed weapons. except ior
the shcrin and his deputy Were these
other officers sworn IN as deputies or
were they authorized b anybody 10
arm Themselves Ti.crc has been some
talk about Floyd Allen making mo-
ton - n TO draw his pistol " u pos
sihle that prisoner was allowed 10
20 into the courthouse with a pistol
! tn nfs rocket This seems hard 70 Dc
jIevc. in sact. there arc many thines
that are hard 20 believe IN this Wno'e
] transaction. ~ is hc1<d that our OK
/ celienf Governor viii see ~ 20 COM
mute tho sentences % both the Aliens
o. AT least that he Will continue TO r.
prieve them until the public sentiment
a. this state il more fully expresseo-
a-~.s...~. ~ 4 hest not 10 be In 4