The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-03-23
SUPREME COURT
TURNS DEAF EAR
To ALLEN APPEAL
Last Ray of Hope for Claude
Vanishes With Decision
in Washington
ATTORNEYS STILL
KEEPING UP FIGHT
Refused Writ by Chief JUS
tee White They Garry the
Papers Before JUS
tee Hughes

WASHINGTON. March 22.--Attor-
neys D. c. O'Flaherty G. A. Hansen
and p. II. Willis, OF Richmond. are in
Washington making a desperate legal
battle to save the life of Claude Allen,
son of Floyd Allen, patriarch of the
Allen clan, who, with his father Ia
under sentence TO die in the electric
chair In the Virginia penitentiary next
Friday for shooting up the Hilisville,
| Va, court, and killing the Judge, the
Commonwealth attorney, the sheriff
and one Juror.
This morning Chief Justice White.
OF the Supreme court, refused to grant
d writ of error for a review of tho
! case. No sooner had the chief justice
made known his decision than the
Allen lawyers carried their plea to
Associate Justice Hughes. The lat
! ter returned the petition asking for
the writ to the lawyers this afternoon.
| He declined to announce his conclu-
sions. and referred the newspapermen
| to the Allen lawyers, They likewise
refused to divulge Justice Hughes de-
cision. Two hours after Justice
| Hughes had returned the papers. two
of the attorneys, Messrs. O'Fiaherty
and Willis. hastily left for Virginia.
II Is understood they have gone for
additional records in the case. 1t is
said that the lawyers intend to carry
| the last appeal for the life Of the
| youthful gangster to every associate
/ justice of the Supreme court with the
/ hope of obtaining a stay OF execution,
and review of the case. AS fast as
! one associate justice turns them down
/ the petition will be carried to another
until the entire list is exhausted.
| The last ray of hope for Claude
| r~1r Allan T1faraH ant VASf9rd1y
when CHIEF Justice White. Of the
United States Supreme court. refused
the final appeal Of the young mans
counsel, rendering the simple de-
cision that the defendant had received
his constitutional rights, and there
was no error in the record.
| Fight to Last Ditch.
| Fighting to the last ditch to save
young Aliens life, and not disTnayed
/ by Chief Justice Whites decision, the
Allen attorneys sought out Associate
Justice Hughes yesterday afternoon
at his residence, the court not being
/ in session Good Friday. and presented
their petition to him. He promised
the Virginians that he would give
them an answer as soon as possible,
| and late in the afternoon, according
! to Washington dispatches, the asso-
| ciate justice returned the petition ask
/ ing for the writ to the lawyers. Some
! air OF mystery was thrown AROUND LHS
matter at this point by the statement
that Mr.. Justice Hughes declined to
announce his conclusions to the news
paper men. referring them to the AL
/ len lawyers, and Messrs OFIaherty
and Wills. 1t was said. had hastily left
/ for Virginia, giving the impression
that Justice Hughes had turned an ear
TO the petition and that the attorneys
had gone back to Virginia for addi-
1 tional records in the case.
VIII Exhaust Panel.
At an early hour this morning Meth
er Mr.. O'Flaherty or Mr.. Willis had
reached Richmond. At Mr.. O'Flaher-
tvs home it was said that phone
message had been received from him
early in the evening that he would be
home shortly. but that about midnight
he had telephoned from Washington
! not to expect him-that he might be
in Washington several days longer.
From this situation the impression
is CLEANED that Justice Hughes like
wise, turned down the Allen petition.
and that Messrs O'Flaherty and Will
lis propose to remain in Washington
and exhaust the panel of the Supreme
court, taking their petition for Claude
/ Allen to each one of the nine justices
on the bench.
Even the most enthusiastic Allen
sympathizer pins little faith In this
move, for it is not believed that an
associate Justice would allow an APP
peal after the chief justice had turn
ed il down.
News Told Condemned Men.
Superintendent j. b. Wood. of the
State prison conveyed the bad news
to the condemned men in the death
cells at the penitentiary late yesterday
afternoon. Neither showed any emo
ton, simply murmuring their regrets
that this last hope had failed. At the
same time Major Wood told the Al
liens that their attorneys would not
stop with the ukase OF the chief jus
tice, but were then engaged in carry
ing 1t to- the associate justices, ana
this faint glimmer seemed to cheer
them. Claude Is bearing up well,
even maintaining a cheerful attitude.
hut FLOYD occasionally shows the de-
preston no feils, his chief source OF
grief. being that he has brought his
son into this terrible situation.
The formal petition to the United
Estates Supreme court--absolutely the
last legal hope for Claude Allen
was carried to Washington Friday af-
ternoon by Attorneys D. c. O'FIaherty
Land r.. Fl. Willis. 1t being Good FRI
dav the court was not In session, and
the counsel secured an appointment
with Chief Justice White at his resi-
dence late in the afternoon. There
simply presented their brief and de-
parted the chief justice promising to
render decision early Saturday.
All Hope Gone.
Yesterday morning the attorneys
were communicated with and inform
ed that the chief justice had de-
Ecided that the defendant had been de-
lprived OF none of his constitutional
rights and no federal question was
therefore involved.
IL was this allegation, set out in the
petition--upon which the counsel for
young Alien based their last legal
/ hcpe--that he had been placed ~