The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-01-11
Long-Heralded Petition "a
Condemned Men Reaches
Supreme Bench
COURT WON'T HEAR
AN ORAL ARGUMENT
Privilege Would Be Contrarj
to Custom-Voluminous
Petition Goes TO
Conlero nee M

Allen, father and son, under ser
tence of death for their participG1
ton IN the shooting up of the courr
at HliisyIlie last March, were fer
maiiy submitted to the State He15
preme Court Of Appeals YESTERDAY
morning by Harry NJ. Smith, Jr.. AM
hiehala Evelyn Byrd, the attorne31
specially engaged TO prosecute TIL
hnai appeal Tor the condemned mel
Attorney Byrd. formally layin1
the petitions before the tribunal an
stating their nature briefly, asks
that he be given the privilege
Offering oral argument.
Court Refuses Argument.
Judge Keith, on behalf of Oh
court, firmly declined to grant thu
privilege, stating that to permit
would be to depart from the 81
tablished procedure in sun case
and the court proposed to follow 81
ta6lished principles in dealing witt
these and all other appeals.
The petitions, in effect. ask TIL
court to amend its previous ord
refusing an appeal in the cases ~
Floyd and Claude Allen on thu
grounds of after-discovero>. e,.uenc62
and direct the Circuit court n
WytheviIle to reopen the case n
order that the alleged after-discoSa
cred evidence may be introduced.
Course Appeal win Take.
The petition does not take II
place on the docket of the court. "a
in the case of regular appeal, bull
will be considered by the Judged
either individually or In conferences
1t majority of the court hold th1
alleged after-discovered evidence IN
sufficient merit, the petition will IN
docketed and the case set for orr
argument, at which time ..4e attor1
neys for the accused will have on
portunity to convince the court thal
the alleged new evidence warrant
new trials for the condemned met
II the court is so convinced it win
then set aside the yerdicts and ordG2
the Circuit court at Wytheville q
grant rehearings to the Aliens.
The docketing of the appeal wouf<
act as a stay of execution for th7
condemned men, who are sentenced
to die next Friday the 18th wtty
out the necessity of Intervention
the governor, but whatever courl
the matter takes the Allen are ~
sured of another thirty-day respit1
from the executive for obvioul
reasons.
May Turn Appeal Down.
In the opinion OF attorneys GG
miliar with Supreme court proc
dure. which WAS referred 70 by IN
Virginian yesterday, there Is q pr01
ability that the court will direct IT,
appellants to bring the appeal IT.
fore the Wytheville courts. whid
they say would be the logic
course. as the higher court has =
ready passed upon all the record
of the trial court and denied O.
appeal for the condemned men. Th
course would necessarily mean.
long delay.
The opinion was freely advanced l.
quite O. number acquainted with IN
alleged after discovered evidence Dr.
sented in the petitions yesterday tn
the Aliens could hope for little cot
fort from the Supreme court for CT
reason that the Juggling into the pF&
ceedings of an ALLEGED political cAh
between the Aliens and the court ott|
GERS would not be countenanced by IN
court as evidence, and expressed I'm
further opinion that Governor Mann
ssgxa s-rz7sting. another 4iEsgtye%aayes.K@1
spite, hGa tssexss >assf- 4 ss1sts ssAswa Il SA
to in behalf OF the Aliens. S
Based on Politics.
The so-called after-discovered ex1
dence. which was embodied In IT,
petitions filed yesterday, consists e.
the most part OF affldavits seeking
establish that political animo4t&
against the Aliens on the part Of G.
certain court officers was responat1l
for the HIIsville tragedy. and tA
the court officers chose the trial
Floyd Allen as a convenient time g.
effectualiy dispcsing of the Allen cim
for political reasons. NO evidenc0
material Importance Is offered amen
ing the testimony as to the actual
cumstances OF the shooting IN
which the juries convicted the e
demned men beyond the affdavft
Clerk Dexter Goad fred the first on
and the affsant admits that FLOYD
len was APPARENTLY preparing to get
pistol In action when Goad tired
The whole purport OF the pette
apparentiv is to shift the boota
The other foot. and prove
court Off cials had corscired - XIII
Aliens. and not the Aliens the 60
of Gals. as the several jurtes
believed.
The petitions emhody the aTdavs
tba transcript OF the records az
trials with the exceptions nNted.
argument, which Is a critical anniN
OF the petition. and are voiumfu9
cerupving over thousand pa9oM&
manuscript
The Main Points.
TIE main points brought out IN
petitions are these:
That FLOYD Alien never ~
Claude Are the boys ready
that, though 1t was taken ~ fN1g
ton cf conspiracy In The trial9
Flovd ana claude. the ConmcnsN
subsequently abandoned th4