The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-11-20
.CLAUDE'S CASE IS
/ TO 60 To SUPREME
COURT OF THE j. S
Judge Hairston, His Counsel
Makes Positive An
nouncement
$4,000 NAMES TO
GO TO GOVERNORS
A Monster Petition is Being
Prepared Men Get Stay
Of Execution--Spec-
ulation Rife

Determined to fight TO the last
ditch and leave nothing undono
that might have contributed IN
even the slightest to the saving
Of the lives OF Floyd Allen and
his son, Claude swanson Alien.
Judge n. III. Hairston. chief
counsel, and j. III. Morris. official
stentRrapher at the trials Of tho
two condemned men. arrived in
Richmond yesterday and inn
nae4llately set about the work
they had before them.
That the ease Of Claude Hen
Will be taken to the Supreme
Court Of the Emitted States was
settled by the early announcement
OF Judge Hairston.
Today Judge HairSton will ap-
pear before the Supreme Court
OF Appeals and ask for certffl- Z
cate to the Supreme Court at (
Appeals Of the United States. The
petition, will at ssise~er al,e granted 1
and on Friday Judge IIairston
win leave for Washington to pre-
sent his case before that trib-
unaI.
Constitutional Question.
In order to gut TIM. case before
the Supreme Cosist of tho United
States a constitutional question
fnnst be involved. In this rasc
the question hinges on whether
or moi Claude Swanson Allen has
been twice PLACED in jeopardy for
the SaItas. 0ffenSe.
The hasfs Of the contentious 0f
Judge Hairston is that Claude
-
Ing OF Judge Massic and the cOn-
spiracy charge that Is carried In
each OF the thirty odd inflictmcnta
that were returned mgninse the
Aflt.n>. On THIS charge C1AudEB
was found guilty Of second degree
murder and his punishment nxcI
at fftessn years In the pcntteIl-
tiary.
He was Immediately arraigIact1
ON the charge ~ killing Conn
monweaith's Attorney Foster. FOR
which his father had been con-
vitctt. and given another trial
with the result of hung jury.
On the second trial for this 01-
Tense. which was In reality the
third trial Of Claude. he Was
found guilty and given the death
sentence
The contention Eow Is That tho
condemned man has been twice
placed In jeopardy NJ his life for
the same onens<.. claiming the
conspiracy was disposed Of in the
first two. and ON this ground tIsr
Supreme Court Of tho United
States will be asked To Interfere.
Have Other Hopes
This. however, Is not the only hoH
of the attorneys and friends OF tn
Aliens. Governor Mann yesterfia
granted respite until Deceulhs
l3th for both of the men. They M
been sentenced To be electrocutcd d
next Friday and this stay OF executiU
is taken as good omen by both 1
the men.
In this connection it Is stated tn
the only case since Governor Man
has been in the chair where A stay I
has not been granted W
that of Henry Clay Beattie III n
recalled that in one instance c0x
demned prisoner had not asked for
respite and when Governor Man
learned OF his approaching execute
he sent him a respite,
Thirty Thousand Names.
When the applicants for the cunI
of sentence of Floyd AIl6
and Claude Allen appear before CO.
ernor Mann on Thursday with the
petition. II Is expected at this I'm
that there will be at least thirty thru
sand names signed TO the various p4f
tons that will be presented.
Thirty thousands Is a conseryAtt1
estimate placed by the friends a.
sympathixers Of the Aliens. Som4
the most enthusiastic last night st&t
that ii would be nearer seventy-l&V
thousand. At any rate Judge Huh
ston has several thousand from R0&l
eke alone in his grip which Il
brought with him ard he kuqSl
where many thousand more are C0S
ing from. ssT|
ceipe a number az the most pros
the Hotel Richmond. With Rev..
go over the case and prepare ~
to the governor ~
Hairston stated last night that No.
poets twenty-five or thirty Of the Il
men of the State "a
present at the meeting tomorroW4
Il Ii generally conceded that the 1
effort ever made OH
half OF condemned men in the
Of Virginia Ii now on NJ
Judge 1hea After Scnnt0
Judge William f. Rhea. met
OF the State corporation comIxil
yesterday afternoon left for H.
In4ton for the purpose or enltnt1
Of Senators 6wAnN0
Martin In behalf Of the con11
men II IL hopef9 by fhonA