The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-20

| TOFEOERAL COURT
United States Supreme Tribunal
! Asked to Review Trial
of Claude.
AMI eonsuatat1on WITH LIS ca1eAts
aa he state Peniteatiasy an1 stsAy n
the library Of the supreme Court OF
AD,eaIs q virginia. Juags n. n. HAIR
tor. Of Roanoke, announced last Aa9ht
that he had AetefDlneA - take N ~.
peal 70 the Supreme Ceart q the
United states In The case 81 Claa1s
Owans0a Allen. He win to.1ay Deo-
evre q certificate from CLERK II. Stew.
art jones, Of the Supreme Cs0rt, stat.
ans that the case has hoeo disDesed
Of N that court By a0Fning the Judg.
neat Of the trial tribunal
Az to Floyd Allen. hts only hope 10
IN the eflicacy Of various petitions ask
ane for communication Of sentence to
life Imprisonment, which viii be pre-
scented to Governor Mann this morning
by Judge Hair0ton. Rev. George w.
MCDANIEL and others who have inter-
eeted themselves In the condemned
men.
Respfte for Three Weeks.
The Governor respited tho execution
of the sentence on both men TO De-
cember II. giving them three weeks
longer to i've This had been expected
in view OF tho fact that the refusal
of the Supreme Court to grant wr1ts
of error came 90 late that but four
DAYS were loft in which the prisoners
could make their peace with the AL
mighty.
Il 10 not believed any further elem
ency can be expected. The Governor
has indicated to those who have talked
with him that his mind IL pretty well
made up, and 1t is certain he has gone
very carefully over the whole case.
He will have a statement to make to
the public at an early day. but no one
knows when.
Judge Hairston. senior member OF
the law firm OF Hairston. Willis
Hairston. which was the first retained
for the defense OF the Aliens. and
which acted as counsel for Floyd.
Claude and Victor Allen. will base his
appeal to the supreme tribunal OF the
nation on what he claims to be a vio-
lation by the Circuit Court Of Wythe
County Of a part OF Article v. Of the
Constitution of the United States. Dhis
provides as follows: Nor shall any
person be subject for the same ofxense
to be twice put in jeopardy of life or
limb" 1t is held now by Judge
Hairston. a. it was held in his recent
petition in the state Supreme Court.
that Claude Allen was twice tried for
nj N
der the ofacials Of the Circuit Court
of Carroll County. He was tried for
killing Judge Massie. and given If
teen years in the State Penitentiary:
then tried for killing Commonwealth
Attorney Foster, and found guilty of
murder in the first degree. the punish
ment for which is death by electricity.
The same point in its relation to the
similar provision in the State Con-
stitution was Overruled in Monday
decision.
The procedure OF appealing to the
United States Supreme Court Is SINH
lar to that in the highest court in Vir-
GINA The petition may be granted by
any one OF the judges. and Judge
Hairston win take his appeal from one
to the other. should he be refused by
those arst approached The granting
of an appeal will act as a stay Of exc
cution while the case will be put on
the docket and argued at some later
day-prooably far in the future. since
the docket is overcrowded. The court
is something like two years behind
with its cases.
If ell the judges refuse the appeal.
the case is as 1t stands to-day, and
Claude Swanson Allen will die with
his father on December 13.
Action Ii PromlseA.
In reply to a question from q re-
porter for The Times-Dispatch as to
what would happen II no definite action
one way or the other has been taken
by the day now set for the execution.
Judge Hairston said that would not
happen. The appeal will be settled.
he said. one way or the other. within
ten days, while he has in all more
than three weeks before the time ex-
pires.
The three weeks respite was granted
Yesterday morning by Governor Mann
to give the prisoners time to prepare
for teae death that awaits them. He
had the formal papers issued and DIS
patched to Superintendent James B.
Wood, of the state Penitentiary. who
took due note thereof. and who will
not now prepare the death chamber
for use Friday morning.
Judge HairSton arrived from Roa-
noke yesterday morning. accompanied
Nv !. n. Norris, the stenographer. who
took the evidence in the Floyd Allen
trial. During the afternoon the two
wen, to the penitentiary and talked
with the prisoners
According to the attorney. the con-
,semned men are In fair spirits But"
he added, "as a matter Of fact. I did
most Of the talking" The Aliens took
the news Of the Supreme Courts action
calmly. They are little accustomed to
exhibit their emotions.