The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-12-12
Governor Acts to Per-
NIT Further Appeal
to the Courts.
LAWYERS MUST
SIGN OPINION
Executive Requires Statement
That They Believe Material
Justifes New Trial-Claim
That Commonwealth Has
Abandoned Important
Points.

First recurring the attorneys Tor
FLOYD and Claude Allen to sign a state
ment TO the effect that they believed
newly discovered evidence justified
now trials Governor Mann Issued
renrieve for the condanned murderers
until January i. This delay OF hVe
weeks is permitted so as to give the
ATTORNEYS time to ask the supreme
Court of Appeals for rehearinS on
III. application for a writ of error with
a view 10 asking for new tr'al-
The new evidence was detailed 10
the Governor. but he made no COM
ment thereon. He indicated that ne
would not prevent full nearing III
the courts. and that he would grant
the respite for five weeks on the state
nsnt Of the lawyers that they believed
the new material was Oh lnpol Idiice
and might result IN a reversal.
II was believed. from the attitude OF
~ Governor. that he has seen and
heard nothing whatever IN appeals and
ne.itions 70 cause him TO consider IN
referring with the Judgment OF the
Wvthe County Circuit Court. which
sentenced Floyd and Claude Allen 10
death in the electric chair. The prob
ability that he would respite the men,
in consideration Of the new evidence
was indicated in The Times-Dispatch
on Tuesday.
Verdict Changes Situation.
, Tt Is without question that the YER
dict in the second trial OF Sidna Allen,
which resulted in judgment of only
five years in the penitentiary. has pro-
duced the effect predicted In The
Times-Dispatch yesterday. and this is
bcf long COM
bined prison sentence, in view of the
failure to punish him by death
While Sidna Allen now has twenty
years to serve, the fact that he, an
older man and a more inyeterate Of
fender against law for many years. is
not to suffer the death sentence. has
caused many people who heretofore
have not favored communication. to think
the youth should have q prison ser-
tence instead of being sent TO the
electric chair
The appeal for reprieve was argued
yesterday afternoon before Governor
Mann by Richard Evelyn Byrd. II. Nj
Smith. Jr, and Hiram VI. smith Nictcr
VI Allen, son Of Floyd Allen, was also
present
The New Evidence.
The new evidence is really not new
n substance. btluS the ~dlAt d. W.
introduced for the defense in all the
trials. But it is presented from new
parties. not heretofore heard from n
the case.
First. the point is made that the
Commonwealth. in the two trials Of
Sidna Allen, has not brought forward
the evidence used I'm former hearings.
to the fact that Claude Allen felt mis-
fathers pulse at the time n verdict
was expected in the Hillsville court.
and that Floyd Allen asked his son 4
all the boys were ready Ca5eu
Strickland. a dependent OF the Aliens.
who was arrested the day after the
tragedy for completely in the crime and
later realeased. has come forward and
said it was he who jccularly asked
Floyd Allen how his pulse was Now.
it is claimed there are two other Wit
resses who will corrobOrate strickland.
as against the three men who SAID
the man was Claude Allen
Second. il is said that the Common
wealth has abandoned the claim that
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