The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-22
NO PAPERS FOR
ALLEN APPEAL
I1airston Goes Home Without
Obtaining Certificate for U.
:. Supreme Court.
PUBLIC HEARING NOV. 20
Governor Tells Committee, Bear
ing Petitions, He Will An
nounce Decision Friday.

Judge y. III. Hairston, CHIEF counsei
for the Aliens. went to Roanoke on
the $50 o'clock train last night with
out having obtained the necessary
papers for an appeal to the United
States Supreme Court from Clerk II.
Stewart Jones. OF the Virginia Court
OF Appeals. He has not made formal
application for them or left instrue-
ton that he would positively ask for
them. His failure 10 secure either a
writ of error or a supersedeas. which
would automatically act as a stay OF
sentence until the case was decided
by the United States supreme Court.
is responsible for the growing oehet
around the Capitol that the Allen
case may never go higher imam the
Governor Of Virginia
Judge Hairston called on Mr.. Jones
yesterday morning, and after remark
ing tina, he was leaving the city In
the evening. said that he would either
return about this time next week or
write for those portions of the record
which he would need for an appeal OF
the case to the United States supreme
Court Before the case can be hearo
by the court Of last resort. one Oh the
iudges of the Virginia Court of Appeals
must grant a VIII, Of error. No such
writ was secured by Judge Ha!rston
before his departure last night
No Supersedeas.
1t is, customary in such cases to ASK
in addition. a supersedeas, winch in-
sures a stay of sentence unit! the case
is ,hreshed out. but counsel for the
Aliens have not yet formally asked
for this order. In criminal cases ap-
uealed from the state Supreme Court
TO the United States supreme Cour.
the entire record of the case is not
necessary, only the final orde: or the
court disposing Of the appeal and that
norton Of the record relating 10 the
constitutional prerogative OF the ap-
pellant. which may be endangered. are
required. To make a transcript oA
the whole record In the Alien Case
would require weeks
Petitions Presented to Mann.
Following the presentation oS
committee to Governor Mann yester-
day OF bulky petitions asking commu-
tation OF Claude Aliens sentence. THIS
s,a,amen, was issued from the Cover
nor's office:
Until November 90, the day ap-
noInted by Governor Mann for the
hearing OF any and all persons inter-
.sr.d in the communication OF Claude Al
lens sentence. the Governor Will re-
ceiye no one wishing to discuss this
matter. On that date, which has been
set aside for the hearing. every one
desiring to make An appeal VIII NC
given full opportunity to be heard. out
until that time the Governor canuo'
be worried from morning to night ps
persons wishing to intercede On oe-
half of the condemned men.
This ult!,natum was made necessary
bv the multitude OF people who De-
sieeed the Governors office. c!amofihs
for an opportunity to present argu-
nan,s fer Communication of Claude Al
lens sentence, until the Governors lie
was made miserable and the routine
work of the office broken up hopeiessiS.
Written communications, OF course
will be received. but no answer 10
them is probable.
Lengthy Petition.
~ noon Yesterday a committee COM
posed OF Judge y. II. Hairston. 4 n
Willis. of Roanoke. counsel Tor the
Aliens: W. s. Forbes. Polk Miller and
the Rev. George w Mcdaniel caiieo
upon Governor Mann in the executive
o.r,ces In the Capitol and presented
pet,,.ons for Claude Aliens LIE from
many sections OF the State. While
there is no way Of ascertaining the
number Of names signed TO the petit
tons save by speculation, It ts figured
,ba, between 5000 and 10000 people
have amxed their signatures TO the
paper praying for mercy for CLAUDE
Allen
After the committee had taken its
departure from the ONCE the Cover
nor announced that he would noId
public hearing for all those wish'hs
10 speak In Claude's behalf at noon
on Friday. November 20. ard shorty
after " ,uId render his written decision
n the case. Captain C. S. smi;hson
and ENGINEER ". jenkins. OF Crewc'
r.,reseu,ing the railroad men II the
Norfolk and Western. called upon the
Governor yesterday to present ar
a,p.aI for clernency for Claude or
b.hai. Of the railway employees OF this
company.
In the afternoon Judge Hairsson vie
f-ed the pen!:entiary and commnn'
ca,ed To Claude and Floyd Allen th'
result o. the hearing before the Gov
.rror While rs news could not ID
particularly encouraging. the attorne!
ard.avored 10 instill reas )nabi'
amour. OF hope IN the condemne'
mems breastA According TO JUG
ual-x.on, CIaud. presents compose
front and IL determined - nee
,yav.Iv whatever fate comes.