Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1912-12-05
C. v I. MEREDITH
AS TO CLAUDE
Able Constitutional Lawyer Is
Convinced That Death Sen
tence Is Too Harsh.


Iith. DR.. Mcdaniel Tuesday made pub.
ic the following letter:
November 20. 1912.
Rev. CcorGc ". Mcdaniel. City:
pcsr Doctor write 90 express
my sympathy i'm your effort TO
prt,Ncnt tho CicctrOCutiOn OF
claude, Swanson ALEU-. I have al
WAYS thought that il MAS unfor-
tunatc that he should have been
tried the second timc. Ia looks
like too harsh an insistcnt OF IAN
eve Tor an eye lg will undOuht-
coIy aOCCt many pcrSous i'm their
opinion as 10 the propricty of
capital punishment result
which. I shink. ought 60 De
avoided.
Had the young man been im-
properly acquitted upon his nrst
trial. people would have rcCog-
uiEcd that lac ought Co have been
tried upon another indictment.
Isut when lac has been tried by
Jury. To Whom was presented all
the evidence the state could
gather. and that jury liked his
punishment az fifteen years, one
il shocked that lac should hc
again tried Tor the same incident.
"a h. certainly a violation Of the
SPIRIT OF the principle that
mans life should not Dee put twice
ia Jeopardy for the same oiicnsc.
although it MAY not he I'm viola
tion OF the LITTER of that prin-
Ciplc.
I Say tried for the same INCL
DENT for. while we may rCCog-
niTc that. iu Tire strict eye of the
law. the killing OF one man il not
the same onCn~c a. thc killing of
another. yet. a~ generally view
"a. the shooting "a Hill~Nillc is
properly viewed rs "a single incl
dent. or occurrence. 10 was all
done i'm a few moments OF time
The shooting OF the victims were
not acts done separately as sCpa-
rat, onpnSe~. Zach prisoner was
virtually Jricd for the general re-
suit. although upon indictments
naming specifically some one OF
rhc victims.
The evidence. which was intro-
duccd. shows this; Ipen each
trial proof was introduced as 20
the killing. not merely OF the man
FOR whose murder he was tried
hut a. To the death Of all the vic
Tins OF the occasion. The ncCcS-
~ary result WAS that upon each
trial Claude Allen had GO carry the
great buuien OF those cumulative
oncnScS In making UP their
minds. the jury could not possibly
escape the effect of such tcsti-
mouy. In effect. ne was tried for
the single crime OF the murder of
only one OF the victims. But he
had To carry the odium and the
outrage OF the killing OF each and
every victim OF that occasion.
Notwithstanding the fact that
that was uIanifcstiy his situation.
the nrst 5ury gave him fifteen
years. 1 agree with you that. the
above being the facts a 90 his
first trial. IL would be pressing
the law too harShly 10 allow him
TO he cicctrOcutcd because OF the
second verdict. No witness could
swear that the bullet from his
pistol Killed a particular victim.
In reality. he was tried for tax
ing part in a conspiracy I'm which
several were killed. In reality
he was tried each time for doing
the same ACTS. bat with differ
cnt victims OF those acts.
such being the case, / agree
with you that ne l. a tit Objeci
for executive clcmency To the ex.
tent that he should not suffer
/ death. Mhilc a court may. &C
cording 20 the law. hold that TN,
first conviction did not prcven
the second trial and the scc0ne
conviction. and be forced 60 hols
that there was no error In th'
/ record. yet an executive A. not s,
hampcrcd. He has the power q
look at and weigh circumstance
which a court must ignore.
n His ENccllency viii view tn
case. not "a a court must do. bu
"a practical men must do, he VII
see that Claude Allen has bcel
tried twice FOR THE SAM
ACTS. Under the circumstance
Of this case. where a young ma
T. under the influence OF hi
father. I hope he will not IL
himself look merely az the re
suits. but will remember that thi
young man has been tried tWic
for the same identical acts
hope that hc viii also cOnsldc
the fact that three picked jurie
81 this State have judged ~ an
very same acts. and have dimcrc
ln their judgments. / think sue
fact should carry great weigh
Wishing You success In you
effort 10 save the young man
life. I am.
Yours truly,