The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-11-28
BOLEN WOULD
SAVE YOUNG ALLEN
RIG H MO N D. vA.-special.-

Below Is letter sent by Judge ID. "
olen. of Carroll county. and receive
y Governor Mann I'm behalf of Claud
lien. now under sentence OF death
Judge Bolen was the chief witness 10
lie State in the early Allen prosecu
ons, and his stand for commutatio
the case of Claude will doubles
ave great weight with GovernC
lam. Judge Bolen's letter Is as 70
,ws:
His Excellency. W. II. Mann,
Governor.
Richmond, Va:
Dear GOVERNOR beg to join in
a petition which i understand will
be presented at an early day. ask
ing that you will commute the
death sentence against Claude
Allen TO Imprisonment for life In
the penitentiarl. In making this
request / am not unmindful of the
part he played in the tragedy of
March IA, 1912, in the courthouse
OF Carroll county. 1t is in consid-
Grafton OF his youth, surroundings
and environments that 1 can find
for him a plea for executive Glenn
ency. l am slow TO believe unre-
servedly, that he was privy to any
preconcerted plan to shoot up the
edy his conduct and his character
as a well behaved young man were
good. His father, Floyd Allen,
was well known as a man OF des-
perate temper and resolution, but
II was unlike even him. to involve
his son in such a trouble. At the
time of the tragedy, Claude had
been attending court for two days,
anxiously and hopefully awaiting
the result In his fathers trial.
When the verdict was returned
and the jury discharged and a mo-
ton for new trial had been made
and set to be heard and consider
ed on the following day, and fur
Their bail for Floyd had been re-
fused, Claude Allen was called into
the bar by me, and asked to per-
form an errand for his father in
connection with our motion for
new trial. 1t was quite apparent
at the time that he was suppress
ing his sobs and emotions over
the result of the trial. When he
had received my Instructions and
had had a short whispered CONVEX
sation with his father, which l did
not hear well enough to understand
he went back to the place he had
Just come from, in the northeast
corner of the court room. The
sheriff was then directed to take
charge of the prisoner, and when
the sheriff moved up to the en-
trance of the bar to receive his
prisoner, Floyd Allen arose and
declared that he would not go, and
began to feel for his pistol. II
was at this juncture that Claude
drew his pistol and fired what I
saw as the first shot in the trag-
edy, and which took effect in
Judge Massie's shoulder. 1 can
not escape the impression that
Claude. seeing his father about to
engage in a combat with the
court officers, drew his pistol and
fired this first shot under excite
ment and emotion which COM
pletely overwhelmed his powers
of reason and discretion for the
time being. ] cannot escape the
impression that had Floyd Allen
submitted 10 the judgment OF the
court that Claude would never
have thought of Interference.
But suppose / am mistaken in
this view OF the case; and sup
pose 1t is true that Claude was
privy to a conspiracy to rescue
his father from the clutches of
the law. and that the whispered
conversation in the bar between
ance of the conspiracy. Suppose
that in his feuds with Deputy
Sheriff Samuels (Which is known
TO have existed for several years),
and with any other court officers,
that Floyd Allen was entirely to
blame, l still cannot escape the
conclusion that Claude would nat
urally see his father as in the
right, and the others as In the
wrong. He would naturally look
upon the officers as hostile to his
father, and would align himself
with the latter and imbibe some
thing of his spirit and temper,
and thus be drifted along into
crime without comprehending the
moral turpitude of his course.
Again: From long personal ac-
quaintance with Floyd Allen, when
1 think of a conspiracy, / can
think OF 1t only, as completely
controlled and dominated by one
man (Floyd Allen). and OF every
other conspirator as completely
merged in him and controlled by
his will power.
If there was a conspiracy ii was
not the creature OF Claude Aliens
brain. 1t was Matched and con-
cocted in a brain older than his,
and he was simply a figure naught
in the affair. Floyd Allen is a
person so imperious and oominat-
ing In his spirit that his would
be the leading and dominating
mind in any and every conspiracy
into which he. would, or could, be
concerned. In every view / can
take of Claude Aliens case, ii
seems to me to be lacking in that
degree of wiliful elaboration and
premeditation-lacking in that
degree of criminal voIition for
which he should expiate his deeds
with his life.
l believe that. all things con-
sidered, that the intelligent brain
and conscience of Virginia would
revolt at his electrocution. l be-
lieve that the Communication OF his
death sentence would be approved
by the good people of Virginia,
and that in such Communication
Justice and Judgment" will have
met together" and that peace
and righteousness' will have
kissed each other.
Feeling very much In earnest
that this, my petition. may find
a responsive chord In the execu-
tive conscience, / am,
Your obeoient servant
d. w ROIEN