The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-01
TelepEoned Him at the
Branch Home During
Midnight Conference.
GOVERNOR HAD
THEN LEFT STATE
United States Senator, for Whom
Murderer Was Named, Told
lieutenant-Governor That He
Desired to See Sentence
Commuted-Ellyson's
Answer.

Among those who sought Ia take
advantage of the temporary absence
from the state of Governor Nnnn by
inducing Lieufcpnnt-Goycrnor E;Iyson
10 commute The sentence OF Claude
Swanson Allen the night before his
execution was senator Claude A.
Sunnson.
While the hlIen nympathizcrs who
engaged In fhis scheme to nuliify Gov
rrDOr Mnnn'n action In the case, were
gathered at the home of John y.
Branch, West Franklin Street, there
came long distance telephone call
for the Licutcnnnt-GoNcrnor. The mHn
NJ the other end of the line proved
to lie Senator Swanson.
He told the JicutcnRnt- Governor
TINT he desired TO ace tho scntcncc Of
Claude Swanson Allen commutcd. This.
of course, was request for Mr.. ELY
sOn tO net.
Heard for First Time.
But objected tn" Lieutenant Gov
ciHor II nave no adiil5Tiiy i'~TI.-i,i
this oi'icc for four years while YOU
were Governor. and YOU were often
absent from the state At those times,
did YOU think had authority 10 take
!onr place and exert executive power
In reply. Senator Swanson said he did
not know what the Law was on the
subject The conversation then ended.
senator Swanson. IL is recalled is :.
lawyer. He served 81 term as Cover
nor of Virginia. But IL seems when
he left the state on various missions
c did not know whether or not Lieu
tenant Governor iillyson could act in
his absence. Al least he said so last
Thursday night
y rumor 10 the effect that Senator
swanson tclcRraphcd Licutcnant-Gov-
ntnor Ellyson IS incorrect So also.
Is e report that the junior Senator
~ kig1
iii behalf al claude Swanson Allen.
However,, hc favored communication for
The younger prisoner.
II is also learned that Senator
Thomas ;. Martin, whom asked 10
cspousc the cause of the Aliens. re
fused TO do so, saying that IT was "A
matter with which he had nothing TO
30. and in which the Governor was
competent Ia act.
Public Disapproves
While public interest in the cxecu-
iion OF Floyd and Claude swanson
AiIcn Is not so great as 1t was last
Friday. it would seem that the at
tempt 10 secure action from the Lieu
tenant Governor is making more and
more profound impression on the pub
( lie mind. Judging from expressions OF
opinion that have been made cditor!-
ally, arc heard on the streets, and have
reached the Capitol in letters. teie-
grams and personal calls there is gen
etai disapproval Of the plan 10 get
Communication by such methods
To again relate the lieutenant Gov.
ernors part In tho affair He was
called by Judge J. Richard Wingneld
early Thursday night and asked II he
would be AZ his home at 10 o'clock
lie replied in the affirmative The mem
Der of the State Corporation Commits
sion called at that hour. and asked
Mir Ellyson 10 go TO the home OF Mr.
Branch. close by. which ne did There
a little company OF attorneys who
have been in ~ tf.se, with symps-
,hizers of the condemned men, was
gathered. Mr.. Ellyson was spoken to
on the subject OF Communication, in view
Of tho fact that Governor Mann had
left tho State during the afternoon.
He replied that although he had been
Iieutenant-Governor for seven wears
he had never believed himself pos
sessed OF the slightest power as Gov
crnor In fact. lie said. he had looked
the matter up in the former admits
tration, in some connection, and was
satisfied that no authority vested in
him as Governor at any time
would Not HIVE Acted.
DR.. Mcdaniel then asked him if he
would listen To the opinion OF the At
torney- General 10 which he replied
officials Judgment. He heard the ar
euments put before him in tho mean
time as 10 the Aliens but made
comment, and maintained throughout
that he could do nothing.
In fact he would have done moth
ing. 1t is believed that had he known
William Hodges Mann, lr was about
to acquuint his father with what was
going on. that telegram would never
Sin n N a M
crnoi would have informed the Gov
ernor's son that he would not touch
Che Allen case.
Criticism OF the Lieutenant C over
nor comes from the fact that he did
not in the beginning make such an
announcement, and thus discourage a
proposition that lie should on a mo-
mcnts notice undo the work TO which
his chief had given many months or
study
WiiIiams's md Woods Fart.
Attorney-General Williams was
asked for the opinion. went to his Of
flee. looked UP the law and the auth
critics, and. returning TO Mr. Branch's,
rendered il as his decision that the
lteutenant-G Governor had no power
whatever. The other lawyers present
showed a desire to argue the point,
and II was suggested that the .\ttor-
ney-General should prepare written
opinion. After some debate the Su-
pcrintendent of the Penitentiary was
called, with view to delaying the
execution until this opinion could be
filed.
Major Wood talked first with one Of
the Allen symnathizers, 10 whom he
SAID that he would respect a suggcs-
ton from the lieutenant- Governor
rms ne repeated to Mr.. Ellyson. The
latter replied that no suggestion would
come from him, since he had no au-
N lContinned An yru,alfth Ianne \ -