The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-01-16
Finds Their Conviction
Fully Supported by
Evidence.
GOVERNOR HEARS
APPEAL TO-DAY
Will Give Attorneys One More
Chance This Morning-Car-
roll Murdcrers Will Die In
Chair Tomorrow, Bar
ring Respitc-Had
Fair Trials.

For the second time. the Supreme
Court OF Appeals yesterday refused 10
interfere with the judgment of the trial
court in the cases OF Floyd Allen and
Claude Swanson Allen. who are under
sentence of death in the electric chair
tomorrow for their part IN the HIS
VILE courthouse massacre. The court
finds that there was no merit IN me
contention of attorneys for the prisoners
that an order could be entered reopeninc
the case in the lower court on motion
for a now trial: that there is in no event
any reason why such an order should
be granted. since tho alleged after
discovered evidence would not and
could not properly have affected the
verdict and that the Aliens had a fair
and impartial trial. the judgments
by the evidence and in accordance
with the Law OF the land.
Make Appeal To-Day.
final appeal for the Aliens VIII
be made before Governor Mann at II
O'Clock this morning The executive.
on hearing of the decision OF the court.
sent for the papers. including tho
opinion and the letters in behalf OF the
Aliens occurred from mem beTs Of the
Legislature on solicitation from George
r Greene. OF Clifton Forge. assistant
clerk Of tho House Of Delegates. But
the Governors time was 70 much
occupied yesterday with the long
sessions of the State Board of Educa-
ton, that he could 90 on further into
the case
Just before the Board adj burned
yesterday evening at 100 o clock, II NJ
Smith, Jr one of the attorneys for
the rnurderers. accompanied By his son.
Hiram 81. Smith. called at the Office
of the Governor. The elder attorney
secured d short talk with the executive
IA his office. and said later that the
Governor had agreed 70 hear Richard
EveIyn Byrd and tho two Smiths this
morning at II O'Clock. They will be
accompanied By citizens who have been
active in stirring up the sentiment
throughout the State IN favor OF the
Aliens.
Discuss Another Repricve.
There has been some discussion as 70
y neither or not respite might DC
granted In support of such action. IL
- said that the prisoners have had their
hopes raised by the proceedings IN the
Supreme Court, and that the shortness
of time elapsing between the decision
rendered by that tribunal. and the hour
set for the execution. makes the granting
of more time for preparationGesir bic
Those who deem further delay mad
Visable say ~ would inevitably Jesuit.
just before the expiration Of next
time limit. of further alleged evidence
20 be considered by the Governor. to
ne passed upon and TO ne made the
basis Of d plea for still further extension.
because of buoyed hopes OF the con-
dcmned men.
TITS felt that some definite statement
may be expected from Governor Mann
to-day
~ -s-:z- o.. 49, oz,,-. oo,..,-oa
in twenty-five typewriter pages. was
handed down as soon as that body met
yesterday morning 1t goes fully
into the points last raised by the
attorneys for the Aliens. disposing of
them in detail.
Wanted New Procedure
A new proceeding was asked for in
the last motion. which was made last
Friday before the court. u was that
an order be entered permitting tho Cir
cult Court of Wythe County 70 enter
tam a motion for q new trial on the
ground OF evidence discovered after
the final judgment Of the higher court
had been rendered. While there was
no precedent for such action in this
state. cases were cited from other
States and from the federal courts.
With the petition was fled the after
discovered evidence II was partly
cumulative. referring to matters brought
out at the trials. 10 was. no doubt.
weakened by the character of some of
those offering the new statements.
Wash. Mcmillan, one of the affiants.
said that Foster said the day before
the murders that he would kill the AL
lens If Floyd was convicted In the
Floyd Allen trial at Wytheville. McMil-
ian testified that Goad had been shot
before he began shooting.
Would Usurp Power.
In the opinion the court says that Il
has been unable to find IN the records
Of the courts of this commonwealth a
case in which the procedure suggested
in this instance has been followed II
then proceeds !
1t therefore sufficiently appears.
not only that there Is no precedent in
this commonwealth for granting the
prayer OF the petition. but that the
books are filed with cases repUgnant
to and contradictory of the existence
OF any such practice upon which the
petition relies. So that for this court
TO grant the prayer would be to usurp
powers which 20 has never hitherto
exercised.
But had tho court reached a differ
ent conclusion upon tho primary ques-
ton Of power. there - nothing in the
case presented to us which would jus
fify its exercise. 10 will hardly he
confcndcd that even In those juris-
dictions where the power is conceded %
exist. 10 would be resortcd to except
under conditions that would justify a
new trial for aftcr-discovcrcd evidence
IN cases IN which the term had not
ended at which the judgment CON-
planned OF had been rendered.
Had Regular Trial.
Floyd Allen was indicted az tho
Apri term. 1919. Of the Circuit Court
of Carroll County. along with Claude
:. Allen. Friei Allen. Sidna Allen. Wee
Icy Edwards. Sidns Edwards. Victor
Allen and Byrd Marion, for q murder
alleged 90 have been committed on tho
18th day OF March. 1912 Upon their
arraignrnent they elected 20 be tried
separately. and after the preitrninsrics
oeceesary 20 the trial had been com
pietcd tho hearing of evidence IN tho
case Of Floyd Allen began on May ?.
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