The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-22
ALLEN CASE NOW
IN FEDERAL COURT

CONTINUED from First PaEc)
would advise them with reference 10
his decision.
Attorneys OFlahcrty and Willis told
the correspondent Of The Times Dis
patch that they intend to fight To the
last ditch in the efforts TO save the
life of Claude Allen. This was taken
TO mean that another move is possible
if Chief Justice White refuses to grant
the writ Of error. They declined to
indicate what their plan is. 1t seems
certain that there is no hope OF 4 re-
spite save by judicial action.
FiOyd'S Case Not Affected.
There was talk yesterday to the
effect that hope for Floyd Allen will
not be abandoned if Claude's eXecu
ton can be deferred. OF course. the
same action cannot be taken In his
case, since he was tried but once. and
the contention in the case OF his son
is that he was twice placed in jeopardy
for the same offense.
Among the papers taken to Wash
inEton for presentation to the Chief
Justice was II certificate from Judge
James Keith. president OF the Supreme
Court of Appeals of Virginia to tho
error to the Supreme Court of the
United States. The fact that he had
so ruled was published exclusively in
The Times Dispatch yesterday morn
ing. No Federal question, Judge Keith
said in his order. was presented in
Claude Aliens case.
Claim Second Trial Illegal.
The petition Med with the record
sets forth that Claude Swanson Allen
was tried upon an Indictment contain
ing three counts, one of which charged
him, with others. Jointly, with the
murder OF william NJ. Foster. Lewis f..
Webb and Thornton l.. Massie, and the
m oh ba
with the murder of Judge Massie
There was a general finding of guilty
of murder in the second degree, with
punishment of fifteen years impris-
onment in the State Penitentiary
He was then placed on trial on
ond and third counts charged him with
the murder of William NJ. Foster At
the second trial the jury disagreed, and
at the third he was found guilty of
murder in the first degree and SEN
fenced TO he electrocuted.
The court erred. says the petition,
In rejecting the pleas OF the defend
ant of former jeopardy and of former
adjudication.
other pleas refer to the selection
of jurors who had formed opinions a.
To thea gufrt or innocence of the ac-
cused, yet who were permitted to serve
upon their statement that they would
give him a fair trial
Attacks "IInnging Instructions"
1t is worthy OF note that the peti-
ton claims the defendant was denied
the constitutional right OF instruction
TO the jury that a unanimous verdict
was required for his convictions al
though the instruction quoted was evil
IDENTIFY given for the benefit of the de-
Tense. for II says that If one piror en-
tertaEs reasonable doubt of guilt
III is MS duty not to snrrnndnr l,
Victions. even though the rest OF the
jury fails to agree with him.
Should Chief Justice White grant the
writ OF error. the case will go on the
docket of tho Supreme Court for flu
ture argument and decision. II would
not come up on the regular docket for
two years or more. but in II matter
OF this sort IL is probable that the Com
monwealth or the defense would move
for advancement on the docket so as
TO get q hearing within a few months,
perhaps in the autumn. II the writ