The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-16
TAKE ALLEN CASE
TO FEDERAL COURT
O'Flaherty to Prepare Petition as
Soon as He Can Secure
Record From Wythe.
PAPERS STRANGELY LOST
State Supreme Court Will Be
Asked for Writ, Which Will
Stay Death Sentence.
PAPERS STRANGELY LOST

announcement was made yesterday
oy ~ {. O'Flaherty. counsel engaged
by friends of Floyd and Claude swan
son Alien, who are awaiting execution
IN the State 7Penitentiary on March 2S
Tor their part In the Hillsville court
murder, that an appeal would be taken
thie week 10 the Supreme Court of the
united states In behalf OF Claude Allen
me ground upon which the petition
VIII be presented is that the prisoner 8
hfe was twice put In jeopardy for tho
same crime. While it has been inti-
mated heretofore that this course
would he pursued. Mr. O'Flahcrty's
statement eliminates all doubt on thai
score.
In the event that Governor Mann re
tuses TO grant another respite pending
n decision OF the higher court in Wash
inEton counsel for the Aliens Will i'm
mediately apply to the state Supreme
Court of Appeals for writ OF super-
sedeas which will automa tlcally STAY
the death sentence.
Papers Mysteriously Lost.
The mysterious loss of the tran
SCRIPT OF record in Claude Aliens two
Trials has caused something akin to n
sensation around the Capitol IL had
been filed with the Supreme Court OF
Appeals. and when that body refused
to interfere, the papers. including the
evidence, were delivered to Governor
Mann by II. Stewart Jones, clerk of
the Supreme Court When the papers
were returned the record was missing
Nobody seems to know what became
OF II. The Governor left the CITY veg
terday for Nottoway County, though
IT was stated that he had ordered the
clerk OF the Wythe County Court to
make another attested COPY and send
IL to Richmond forthwith
Later in the day Clerk Jones tele
graphed the Wythe clerk To make a
copy, and telegram from WythaylH,.
received by The Times Dispatch. stated
last night that. acting under instruc-
tions OF Mr.. Jones. the clerk was conv
Ing the record that the work wo,Id
be concluded on Monday afternoon and
that ii would reach here on Tuesday
Mr OFlaherty said last night that n
would examine 1t immediately and tban
proceed win the preparation of his pet; :
uon TO the United States Supreme
Court While the loss is not serious.
II has seriously delayed the plans Of
the defense. and lawyers were prepar-
ing To go at once to Wytheville to su :
pervise the task OF preparing another
official copy. The only explanation of
fered as to the disappearance Of the
record was that 1t was lost in transit
between the Governors office and the
State Supreme Court though II that
had been the case the chances are that
somebody would unquestionably have
picked 1t UP.
Talk of Another Respite.
Governor Mann has heretofore an
nounced that under no circumstances
would he grant another respite. bur
when efforts are being made to have
the United states Supreme Court pass
upon the case. 1t Is altogether likely
that the prisoners or certainly Claude
Swanson Allen. will not he electrocuted
one week from next Friday Friends
OF the Governor said yesterday that
the failure OF the defense to seek helm
fromsthe Federal court heretofore con
WINGED him that the plan for an an
peal had been abandoned.
Indeed. II had been printed that the
matter would not go higher. None OF
the lawyers could express an opinion
as TO the loss.of the court record.
which included everything, practically.
except the evidence. nor would they
venture an opinion as 20 how 1t han
pened To disappear. When the copy
is received from the Wythe County
clerk 1t Will be just MS authentic as
that which was presented to the
State Supreme Court. although law
gers not interested In the Allen case
Continued on Fourth Page.0