The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-31
lPPf AS
EXPECTED SOON
Supreme Court May Be Called
On to Examine Petition
in Vacation.
SYMPATHY AND ITS RESULTS
Believed Nerdicts OF Juries VIII
Stand With Court and
Governor

Claude Swanson Allen. who are in the
state Penitentiary awaiting the ex-
ecation Of the death sentence. are
quoted as saying that the petitions FOR
appeal in these two cases Will be
ready for presentation 10 the supreme
Court by the end OF this week. If
this is correct, II would seem IL is
me intention of The lawyers 10 take
the matter I'd in vacation. for the court
;does not meet until November l..
The petitions would, therefore, prob
ABLY go &c the clerk %! The court al
WytheYillc or else b" presented direct
10 Judge John a BLchanan. at Emory.
}ur 10 some one OF the other judges.
one Judge may grant the writ OF err
nor which would act in Itself as
tstay of execution until the case can
: be argued and finally decided by the
fcoart. 1t is necessary that all judges
tsingIy. or the court as whole, refuse
a writ before declination TO "ntsrtain
! an appeal is final. When one judge
refuses the wri,, the petition is sent
or 10 the next and SO forth
Points Well known.
There VIII De, IL is -ihtis, no Par
tica!ar interest in the filing Of the
appeal, since everybody knows it will
be done and everybody is informed as
10 what it will contain. in the main.
The points made by counsel for the
efense were brought out during the
trials at Wythevilie and have been
repeatedly printed since.
1t seems to be the prevailing opinion
IL ~, %
ind reversible erro, In the record
Judge Waller r. Staples. sitting at the
trials not only used the greatest care
in making mis- rulings on disputed
,points, but, in fact. it appeared to
those present. that he gave the defense
The benefit of nearly every doubt. Be-
sides il has come to be the recog-
ihszed policy of the highest court in
Virginia TO disregard technicalities in
criminal cases. and not to interfere
With the Judgments Of trial courts
Hniess the error is palpable ana seems
likely to have resulted in injustice
TO the prisoner at the bar.
Besides. the court usually holds tina t
in the matter OF opinion as to evidence
The best judge is the jury. which has
before it the witnesses. and Is in pn-
EiLitfi ~ LHSh 0CiHCaAoi di1u "
be impressed with the truth or faisity
OF any testimony.
Usual Sympathy for COHvicts.
AS usual in every case Of Importance
some sympathy has arisen with the
Aliens. which has taken the form OF
informal petitions to the Supreme
lCprrt. which were. of course. disre-
sarded. There is other sympathy
go ~, al
TO have Communication Of sentence
for Claude Allen in case the Supreme
Court refuses a new trial.
Such an effort. il is believed. would
be foreGo omed TO failure. Governor
Mann usually takes the position thai
he is not q trial court. and that i,
is no, his province 20 interfere save
in the case of extraordinary circum.
stances. AS far as i known. there Is
no new evidence in the allen case
The trials were held away from Car.
roll where the horrible crimes wer.
the prisoners had = hearing in an at
mosphcre free from local prejudices
The juri.s Were from other points
The defense was strongly presented
Yet the convictions were secured
Argue for Prisoners.
The argument has been urged thai
there was somewhat Of a feUd betweer
the Aliens ara the officers Of the court
and that -the-- latter must have eN.
pected something or they would no
have been armed. II is true tina
trouble was expected. and had 5eeI
ever since Commemorative Attorne!
Foster set about to prosecute Floy'
Allen. whose declarations that n
would never go 10 jail wer. well
known.
mother toint made IL tina; ithe
shooting vas not prcmeditated. IN
doae in the heart of the moment
Again. this is a poin; on which tn
trial iurics have passed. 1t was i'm
possible 10 prov. ny any sort Of evi
d.nce that Floyd Alien actually fire.
the shot that killed Mr. Foster. or tina
Claude AiIer actually fred fhe she
that killed Sheriff Webb. Yet the ju
ries found them guilty OF these mur
Aers They must therefore. have 10
.i~ysd in the theory 81 conspiracy
- The prisoners Spend their day
quietly in the death cells in the stat
prison They read the Bibles seat the
while in Roanoke Jail from NJ. Air.
X g. They ca; fairly well and s".'
little troubled IN mind.