The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-03-07
MANN REFUSES TO GIVE
CLEMENCY TO CONVICTED ALIENS

statement had been fully cerroborat-
ed. was invoked and allowed for your
benefit, upon every doubtful question
of law you have each OF you been
favored. yet the result is your con-
viCtion.' And again, las your con-
duct was of your choice. so the con-
sequence is Of your own creation. ana
1t is in reality your o,sn hand which
writes the judgment OF this court"
Appeals TO High Court.
After this sentence. application was
made to the Supreme Court OF APP
peals composed of five able and i'm
partial Judges who. being Of opinion
upon the evidence and the law chat
the judgment of the trial court was
plainly right, refused to grant the
writ
The State was searched for new
evidence and everything that the zeal
of friends could accomplish was done:
and again, the case came up before
the Supreme court upon the petition
Of Floyd and Claude Allen that the
Circuit court Of Wythe county be en-
powered to grant new trial The
Supreme court entertained the Pc
tition and might have dismissed il
with the statement that the court was
without power to grant it's prayer. It
did not do this, however. but went on
to say that even If 1t possessed the
power the facts presented did not
Justify it in directing new trial. I
quote from the opinion of the court:
The circumstances attending the
cases before US are such as to leave
no doubt upon our minds that the
accused have had fair trial. with
every opportunity to present their
eases before an impartial jury, ana
that the judgments rendered against
them are supported by the evidence
and are in accordance with the law OF
the land"
The only question presented to me
as a reason for executive, clemency.
and not passed upon by the court, was
the verdict in the Sidna Allen case,
the Aliens claiming that they should
not be punished more than he. This
Is no reason why I should interfere.
Certainly. not as / view the Sidna
Allen case, which was, in my opinion,
a plain and inexplicable miscarriage
of justice
1t has been alleged in many of the
letters and petitions addressed to me
that the claim of conspiracy was aban~
dOned in the Sidna Allen case. This
Is not true. MIR. Wysor opened that
case in "a written speech, a copy Of
which / have, in which he strongly
advocated the existence of a con-
spiracy, quoting the opinion of Mr..
Burks as l have done in this state
ment.
1t has also been contended that the
Commonwealth in the Sidna Allen
case. by failing to prove. admitted
that the conversation at the stove be-
tween Claude and Floyd Allen had
not occurred During this converse
ton, witnesses testified, Claude felt
/ his fathers pulse and said IT WAS
beating regular" and that Floyd said,
i Are all the boys ready" l am as
sured by one of TIE counsel for the
prosecution that those representing
/ the Commonwealth did not prove this
because 1t was not deemed necessary.
but they believe it occurred, as proved.
In the Floyd and Claude Allen cases.
No Reason For Ciemency.
/ might. when the petitions for
clemeney were presented TO me. have
simply said that no reason had been
shown why / should interfere with the
yerdicts of the juries, the judgments
of the trial courts. and the deliberate
decision of our Supreme court twice
delivered: but | have gone further and
/ looked for evidence of injustice to
either of the Aliens. ! have looked
for reason why ] should exercise the
high power given me by the consti-
/ tuition, a power, which because it iS
| high and extraordinary, must be used
carefully, not to defeat justice. but to
promote it when for any cause the
courts are SO bound by precedent.
/ rules or conditions as TO be una Bile
to afford ii.
In these cases the gravest crime OF
which | have any knowledge has been
committed; a court has been wantoniy
destroyed in it's temple. The very
foundations upon which society rests
for it's protection and safety have
been threatened, and would be weak
ened and endangered IL / yielded to
that sentiment of mercy which would
extend Clemency to Floyd and Claude
Allen at the expense OF justice to
the State and protection of its citi--
zens. l must, therefore. decline to
interfere with the regular course of
the law.
In order. however. that these un-
fortunate men may have time, now
that all earthly hope is gone, to make
their peace with God, have reprieyed
Floyd and Claude Allen until Friday
the IS of March, 1919. and on that
day the sentences of the court will be
carried out in the manner prescribed
by law.
As this decision, regretfully reach
ed after careful consideration, is alb
solutely final. | trust the good people
of Virginia will so consider ii, and will
refrain from further efforts to secure
/ clemency for these unfortunate but
guilty men.
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