The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-12-18

as all others have who live remote
from the scene Of the deplorable trag-
edy-oniy what ! have CLEANED from
newspaper reports. which. TO say the
least. were not. for several months
following the event. colOred in favor
of the Aliens In fact. so far as re-
member. for months after the tragedy
not single newspaper among the
many which l closely watched had
word to say in defense Of the Aliens.
Not until the pent-up truth burst
through its prison wall and reache-
the ears of the outside world did an
other side to the question appear IL
was then that popular opinion assert
ed itself and cried out for Justice This
was after the trials. convictions ana
death sentences of Floyd Allen and his
sson, Claude. We observe the effect o.
this popular demand for fair play In
the results OF the recent trials and
dispositions made OF the cases of
Sidna Allen and young Edwards: 40
first-degree murder or death SEN
fences. The conspiracy theory was
practically exploded IL was upon this
theory that Floyd and Claude Allen
were convicted and sentenced to death.
A criminal conspiracy is nothing more
than a wicked agreement by two or
more persons, competent 10 make an
agreement. TO do some wrong IL
such a conspiracy was entered into by
the Aliens. so as TO cut any figure in
the trials ana final dispositions OF
these cases. it is manifest froa all the
fact disclosed that Floyd and Sidna
Allen. the old heads. were the arch
conspirators. and that the boys. or
young men. who have been implicated.
were but tools subject to the command
or coercion Of these old heads. Now.
then. Floyd and S!dna Allen having
been indicted as co-conspirators. and
having been practically acquitted by
a jury of his peers of the conspiracy,
how stands Floyd Allen? The law is
that. w here one of two persons who
Is acquitted. the other must likewise
he acquitted" Estate VS.. Jackson,
5 e. 2s3: State VS.. Johnson. , Tex. $50;
Queen VS.. Manning. 4 Am CT. 500
/ do not take the position. under
the law cited, that Floyd Allen should
be wholly acquitted of any offense
and 60 hence without day; but / do
mean to say that if his conviction.
under which the death sentence has
been pronounced. was based upon the
conviction and sentence the conspiracy
theory has been exploded or aban-
dOned, this sentence ought to. in some
way. be recalled by those having the
authority so to do.
Again. | would submit the question:
Was not verdict Of first degree muir
der against the evidence and weight
q evidence which was adduced in the
OF Virginia. following the common Jaw.
TO constitute murder in the first de-
gree the killing must be yillfui. de-
liberate and premeditaied. upon very
slight prOvOcatiOn. or no prOvocat'Qn
at all Floyd Allen was the great
central figure in this horrible court
house TRAGEDY He was the cause of
it. and ] do not contend that his con
duct. in the premises. was either jus
tihable or excusab Ole. but l do contend
f.ae ~
was strong provocstion from his view
point
When ne. some months previous 20
the lameutable courthouse tragedy.
and dear TO him in the hands Of an
officer. handcuffed 5nd roped
though they were fcrociOuS beasts. his
human nature asserted i;self-he
demonstrated with the officer by re-
qseStfng him 10 remove the shacklcs
from the boys and permit them 20 con-
tinuc the journey in a decent and re-
spectacle manner. assuring the officer
that he would guarantee that the boys
wosid 20 with him TO the place that
would assist him In taking them there.
The officer refused to accede. where
upon. Floyd Allen proceeded 70 remove
the sbsckIes himself. regardless of the
offccrS wishes. took charge Of the
prisoners and conducted them TO the
place called for in the warrant. and
turned them over 10 me proper
tribunal BY this conduct. In a tech
nical sense. he resisted an officer. and
therefore committed a crime but did
not defeat the object and purpose Of
The government. For this crime Floyd
Allen should have been punished &C
cvrding 10 the strocity % the offcnsc.
but did not deserve n yenitentfary
. sentence For this wrong he was put
, on trial at iiilisviile. convicted and
sentenced to one year In the peni-
tcntiarf. This was more than he could
bear. That spirit which has dwcit
iu TIC hearts Of every true American
since the uftcrauCe Of the immortal
Henry. Give me liberty OF give me
death was aroused 90 an extent TO
MIN Irresistible. Upon the pronounce
. m~nt Of that sentence he arose from
his seat and declared. in substance.
that he would not submit to such an
Injustice. From this TACT the strong
provocation appears. IL does not ap.
49, f~n., fufa circumstance that he