The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-21
Supreme Court Says No
Federal Question Is
Involved.
TAKE CASE TODAY
TO w WASHINGTON
Only Hope for Youth Is Now in
Chief Justice White-Decision
Hard Blow to Defense.
Floyd Allen Sorry He
Got His Boy Into
Trouble.

Holding that no Federal ouestion Is
involved. Judge James Keith president
OF tho Supreme Court OF Appeals OF
Virginia, refused yesterday morning
to grant an appeal to Claude Swanson
Allen to tho Supreme Court OF the
United States. This was heavy blow
TO the attorneys for the defense. who
had hoped by this means to secure
stay Of execution pending a hearing
on the constitutional point raised, TO
the effect that tho youth was twice
placed in jeopardy for the same onense.
Having failed in the only chance
that remained III Virginia court At
torneys D. C. OFlaherty and r. Hol-
man Willis will apply this afternoon
TO Chief Justice Edward Douglass
White. at his residence in Washing
ton. for writ of appeal and super
sedcas. II this is secured, Il Will act
as stay until the case can be argued
and decided by the Federal court of
last resort. Should IT be denied Claude
Allen Will die with his father next
Friday.
Mr.. Willis went last night to Fred
ericksburg. Mr.. O'Flaherty will leave
Richmond at noon to-day. and will be
joined by MIR. Willis. Upon their ar
rival in Washington. they will seek
tEleI Justice w nlte AT once. Inc
OF Claude Allen will probably be
known b. tonight.
Dfscredits Contention.
The action taken yesterday by Judge
Keith shows that ne does not believe
there is anything in the contention
that the Constitution of the United
States was violated when Claude Allen
was placed on trial for the murder of
William NJ. Foster, after he had been
convicted OF the killing OF Judge
Thornton l.. Massie.
Appeals from the Supreme Court OF
Virginia TO the Supreme Court OF the
United States are frequently granted.
this being regular procedure. When
tho State court decided tho tax case
against tho Richmond, fredericksburg
and Potomac Railroad. Judge Keith
allowed an appeal and supersedeas TO
tho Federal court at the request OF the
railroad, which claimed that the Con
stitution had been violated in that the
obligation OF contract had been I'm
paired. The supersedcas acted as a
stay and prevented the Auditor from
proceeding TO collect tho taxes declared
by tho court to be duo the Common
wealth.
Telegraph Case Appealed.
An appeal OF this sort was allowed
only last week in the case OF j. c.
Major. Jr.. against the Western Union
Telegraph Company. The State Su-
preme Court refused writ of error
to the company from decision OF
Norfolk court sawarding Major sloo
damages for delay in delivery of
telegram from Baltimore. The tele-
graph company claimed that since the
passage of the act giving the Inter
state Commerce Commission jurisdic-
tion over kilograms sent from one
State to another, State supervision
over such messages has ceased. The
point will be tested in the highest
court OF the land.
Therefore. IN ruling as ne did yester-
day, Judge Keith is Convinced that
there Is nothing In the Allen case for
the F'edenal CouDt to consider
Attorneys O'Flaherty and WILLS ap-
peared before the president of the
Supreme Court yesterday morning and
requested that he grant the appeal.
claiming that the Constitution mad
been violated In trying Claude Allen
the second time. Judge Keith i'm
mediately made the ruling as stated
Visits Condemned Men.
Mr.. Willis went to the State Peni-
tentiary yesterday afternoon and paid
what is perhaps his farewell visit to
Floyd and Claude Allen. who were
his clients through the series OF trials
at Wytheville. The attorney was
amazed at tho bearing OF the Younger
man. who IS not only composed but
actually cheerful. In tho course of
the conversation. Claude told humor-
Gus story relative to an acquaintance
in Carroll County, laughing more
heartily himself than the others who
listened
But Floyd Allen is much more
troubled He talked much to Mr. Will
lis OF the impending execution of his
son. and expressed his sorrow that he
had brought mis- boy into this trouble.
His nerve is much shaken