The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-01-16
HOPE FOR ALIENS
NOW RESTS UPON
GOVERNOR MANN
Supreme Court of Appeals
Refuses Petition to Re-
open Case
DECLARES EVIDENCE 4
IS NOT SUFFICIENT,
Governor is Silent, But Those
Close to Him Say That
He is Not Likely
to Interfere

The State Supreme Court OF Appeals
yesterday sealed the doom of Floyd
and Claude Allen, father and son. COM
demned to die in the electric chair
Friday for the Hillsville murders, when
1t refused TO grant the prayer of coun- u
gel for q writ to permit the Circuit
court at Wytheville TO reopen the
case. II
In declining for the second time to Il
interfere with the death verdicts OF
the Wytheville court, the high tribu-
nal. while baslng it's refusal on the
legal ground that to grant the petit II
ton would be without precedent, as
serts that the alleged after discovered
evidence is not only NOT of sufficiencs
merit to warrant new trial, but or
insufficient weight to change the YER
diets II new trials were TO be given 4
the Aliens. Il
Faint Ray OF Hope Left.
There is now but one ray of hopo B
for the condemned men. and that IL
that Governor Mann will take favor &
able action today, and those close to
him believe that hope is indeed faint
glimmer They believe that he will
probably grant a further respite to tho
Aliens TO give them time to prepare
for death, IN view of the fact that their
hopes have been buoyed up by the
are confident thar when he issues his
statement today he will make IL plain
that he WIN not interfere further with
the mandate of the law.
The Governor Silent.
The governor declined to make any
statement or comment in any way on
the case last night. He said that
though very busy all day with the
state board of education, he had taken
a -. -. Cs..t
preme court, and also some OF tina
many appeals submitted to him IN
writing in behalf of the Aliens. but fur
Their than that statement he declined
to commit himself.
Harry NJ Smith, Jr, obtained audi
ence with him just as the board OF
education adjourned and 1t Is pre-
suned secured the executives consent
to grant the hearing to the delegation
who will present the final appeal to-
day. though neither the governor nor
the lawyer would give hint of what
TRANSFERRED
Friends Continue Fight.
Friends of the condemned men arS
continuing the fight for their lives
TO the last ditch, and delegations
headed by Luther l.. Scherer and
others who have interested themselve1
keeniy IN the cases. will wait upon
the executive this morning at IL
O'Clock and make a final effort 70
induce him to at least spare the Nf0i
Of Claude Alien. The governor hast
consented TO receive this delegations
and will give II patient hearing, Int
the same spirit that has characterized
ed his evident desire from the flrstf
to do his full duty by getting at ali
the facts bearing -unon the caSAG
legally and morally and giving the
condemned men the heneft OF every
doubt victor .usn rr.,a II
Victor Allen, who has been In thdl
city since Monday. was confined tod
his bed at the Richmond hotel lastI
night with grip, and 1t Is doubtful III
he win be well enough this mornin8f
to accompany the delegation when i'll
calls upon the governor TO plead 1oeA
the lives OF his father and brothsr.4
His face was flushed with fever lasy8
night and the sturdy mountaineer wal
evidently suffering mentally and phy-t
sically' He stated that he expecte6&
that Miss Whistler, the sweetheart Oh
Claude Allen. would hurry to Rich-4
mond as soon as she received the
news of the adverse action of thMt
court. The aged wife and muth4rl
will not come. but will bear herS
double sorrow as best she may f1f
the little mountain home, Yictar visit-I
ed his relatives Tuesday Ia prison< hMlIs
was too III TO see them yesterday.
In the meantime, in the little deakkf|
chamber at the state prison. all TT
in readiness for the execution OF thof3
father and son, except the summOn-E
inC, OF the jury required by law TOT
witness as legal witnesses Of this.
deaths. and these will be summoned
today unless action by the governors
stays the grim hand of the law.
Twice Respited.
FLOYD and Claude, who were farnI&s
sentenced to die in the chair Nov9m~1a
Der Esd, have been twice respited BE-
the governor, first TO December 11tnG
and the second time to January 17ths5s
the last time based on the claim CO.
the special counsel that In their boaN
lief the alleged after discovered evas4
dence was sufficient 10 warrant new
trials for both men.
The opinion of the Supreme coux1
yesterday. written by Judge Keik1
the other four justices concurrinE, llf&
which, for the second time 1t declino
to interfere with the death genteue0
imposed by the Circuit court 94#
Wytheville knocks the props frox
under the condemned men compiote~H
ly so far as the legal aspect OF tnG#
cases Is concerned.
No Precedent Says Court. isas5
Stripped OF legal persifiage. kl
opinion holds that there. is no pf1l
cedent in the history OF legal pr0s
cedure OF the Commonwealth x6S
granting such a motion as counn
for the Aliens present. and that f.
the petition should be granted. thG1
Is absolutely nothing in the so-c411
after-discovered evidence to warr1
verdicts any different from the Ox31
inai findings OF the jnries. EuEt1I&
that the accused have had fair tF11
and there II no doubt In tho nntndG
the court that they are guilty M
crimes charged. as supported " a
evidence. and that they deneSya
nuntehnaenf imposed.