The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-23
Chief Justice Refuses
Writ, Removing
Last Hope.
TAKE APPEAL TO
JUSTICE HUGHES
Lawyers for Condemned Man Re-
new Plea Before Associate Jus
tice, Who Refused to Inter-
fere, and Aliens Will Die
Friday Unless Gov
ernor Interfcrcs.


states. speaking through Chief Justice
White. and later through Associate
Justice Hughes. declined Yesterday to
nounced upon Claude Swanson Alien
for his part In the Iillsvillc court muir
der. The Chief Justice found no merit
IN the constitutional issue raised by
me condemned mans lawyers. and re-
fused to issue A writ Of error. 4 Sim
liar fate met the attorneys when they
applied to Justice Hughes.
Chief Justice White met Attorneys
-. G. OFlaherty and f. Fl. Willis Fri
day evening and took under considera-
ton the lengthy appeal. A careful
examination of the case failed to con-
vince him that the defendants had
cause for appeal to the Federal courts.
This decision he communicated yester-
Gay TO the lawyers, with the statement
that In his opinion Claude Swanson Al
len had been deprived Of none of his
constitutional rights. and that since no
rederal question was involved, the ap-
peal must bo denied.
The action of the Chief Justice writes
the last chapter In tho story of the re-
markable fight for the life of Claude
Allen Tho Chief Justice. it Is true.
IN denying the writ. did not bar fur
ther application to one of the asso-
ciate justices, but relief from this
source was not expected even by Allen
sympathizers. 5t
Case HePorc Hughes.
In the faith that has survived re-
buffs from court after court in yir-
ginia, the Allen lawyers took even the
last unpromising avenue of relief left
open to them By the Chief Justice, and
Yesterday afternoon laid the case be-
Hughes
The probability of a reversal of Chief
Justice Whites decision bs. one of the
associate justices was regarded rs neg
iisible Such a procedure is all but un-
| known. The reported intention of the
lawyers not to aba the fight until
the appeal is laid in turn before every
Justice of the Supreme Court is not
regarded seriously. Justice Hughes
VIII probably be the last member OF
me supreme Court bench to consider
the matter. as his decision coincided
with that of Chief Justice White
Doom of Aliens Scaled.
with hope of interference by the SUI
preme Court OF the United States cur
or; me doom OF Claude and Floyd
Aheh Us sealed. In all tho land there
is only Governor Mann who by corn
mutation or respite can stay the Iau-
which calls for their death In the elec-
! tric chair next Friday. The Governor.
terfere. ~
An almost theatrical trick of iustic.
staged the last act of the fight for the
ne or a man convicted of a crime
,u' !nu' mas attained nation wide public
ny IN the nations capital. and before
the country's highest tribunal
Twice-tn-JeOpnrdy Plea.
The constitutional point upon ,-ti,h
the supreme Court was asked to grant
VII OF error was pressed only on
penai, or Claude Allen. II asserted
that he had been placed twice in iaoa
pardE for the same offense becauss of
,he ract that he was first scntcnced
py one court to a fifteen-ycar tern, In
| me penitentiary for his share in +hs
Niiiing OF Judge AIassle, and later given
Go,nra ura.n sentences for the murder of
coinmonwealth's Attorney Foster. the
same element OF conspiracy being nec-
| essary TO conviction in botR cases
Had Chief Justice White granted the
VIII or error asked. il would auto
matically have carried with il e..
or execution until the court could Lss,a
eNanined the record and handed down
Its opinion. -
fursuing further the conseouencas
OF stch an act, If the Supreme Court
,ou,u the .,,t eventuaily have found merit in
! Lne tWlce-in- jeopardy plea. it w.on1d
nave H entered decree for the PLAINTIFF
ouci decree would have had ~.
ehect or dissolving the sentence or the
court which tried Claude Allen for ths
murder of Foster. There wonld 49,,
have been no further trial and 4sn
young mountaineer would have beer
iiaole only for the penitentiary sen
renee imposed upon him for his share
:" 'he kiiiins OF Judge Massie
Prisoners Rearing In Well
reports from the penitentiary last
night stated that Claude Swanson and
! rioSd Allen appeared reconciled to
.nei, iate, both 1t seems. having prac-
licaiiy abandoned all hope The actior
OK Justice White was communicated
10 them late in the afternoon, but thay
remained unaffected. The b,,ovan,
manner of the younger man is the
wonder OF his keepers. The weight Of
the burden seems TO be OH FLOYD Allen
VINO srieVes for his favorite son. con.
demned to die for crime in whicb BE-
was the chief agent
father and son are confined in ser-
arate TIERS so placed that they are
aole 10 see each other at all times. A
narrow mar halfway, in which is stationed
the death watch, intervenes lrriends
OF O the doomed men continue to send
MOWERS. and the little table in the haIi
yes,erday ~ was piled high with Easter