The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-30
DECLARES REPORT
UNFAIR TO ELLYSON
Judge Wingfeld Issues State
ment Relating Incidents of
Midnight Conference.
NO FORMAL ARGUMENT
Statement Made to Lieutenant
Governor Pending Report of
Acknowledgement.
FORMAL ARGUMENT

III q statement to The Times-Dispatoh
yesterday. Judge ]. r. Wingfeld. of the
State Corporation Commission. relates
the incidents Of the midnight confer
ence that was hold on Thursday night
by Allen sympathizers in last fran
tic attempt TO secure the mitigation of
the death sentences by appeal to Lieu
tenant Governor ElIyson
Judge Wingield. IL appears from tho
statement. believes that the reports OF
the conference as printed in the news
papers. have placed Mr. Ellyson in an
unjustly awkward position since it has
been made to appear that he shared
in some remote degree the RESPONSE
bility for the execution of the Allens.
Judge Wing fcId's Statement.
The fact that il was 1T his request
that Mr.. El1yson Joined the meeting at
the residence of John +. Branch. Judge
Wingfield believes calls for his state
ment, which follows:
II participated in the meeting
Thursday night at Mr.. John =. Branch's
residence, and as at my request. made
in person to Governor Ellyson, he came
over to Mr.. Branch's think 1T Is due
to him and the public that 1 should
make n statement.
About o'clock I was called over
the phone and asked to come to the
residence of Mr.. John +. Branch at 10
o'clock When ] reached there / found
several gentlemen present, and later
others came in. After some little con-
VerSation, j was requested to take
charge OF the meeting in an informal
way. though not ns chairman.
Upon my suggestion, 1t was agreed
that owing TO the aga and feeble health
of AIR. Branch, that Governor Ellyson
should be invited TO come down and
hear what we had to say about the
situation. / at once went over to the
house OF Governor Ellyson and stated
TO him tho object %. a;r.. :l.a1 sing 40
which he replied nt once that under
the provisions OF the Constitution he
dtd not think lie had the power to net
ms Governor. asked him iC he had
copy OF the Constitution and he went
anu got one ! read the article re-
fcrred TO and asked him to 20 with
me to Mr.. Branch's. that the question
might be considered. AS soon as we
got there. | called the two or three
lawyers present and we read the article
over and saw that there was room
Tor difference of opinion and some ono
OF the meeting suggested that the At
torney-General be asked 20 construe
the article. and he was at once phoned
and said he wished to go TO his ofiica
and consider the question.
Statement to EUysou.
While waiting for the ATTORNEY
General, 1t was proposed that in vieu-
OF the heavy responsibility that womb
aeVolVe upon Governor Ellyson the
nN. oay II the Attorney General
should give his opinion to the efrnct
that he would be the acting Governor
or the state II think this was NV s,,y-
sesuon), that he should hear what wn
"lshed 10 say upon tho merits of tho
cases. "
thcreupon statement was made TO
me Governor TO the following effect:
VII" hioyd and Claude Allen were
Urea III the midst OF great eXcI;encn,
equal TO that which prevailed mr. the
time OF Mrs. Surratt's trial for in.
assassination of President Lincoln
.hat evidence went to the juries as
true which has since been shown nm
| true and in later trials was NOT pre-
| Schted by the State: that without such
| evidence the later 1uries refused TO
| convict of murder In the frs, degree
| ti"t or the seven or eight iuries which
| nad tried these ease, five refused Ia
| convict Of murder in the first degree
/ ana that the majority of the Jurors
/ mat 80 convicted these two men have
I petitioned for communication; thar in
the trial of criminal cases under the
| express provisions of our Constitution
the Jury system is relied upon to pro-
'ect inc rights of citizens OF the state
! while tho presiding judge sees 10 il
! that the forms OF the law are com.
/ piled with. and, therefore, the practi-
/ caily unanimous verdict OF these seven
/ )uries. after all the light of evidence
mad been developed, showed that there
was at least a reasonable doubt OF the
/ CUNT OF these two men, TO which under
/ the law they were entitled, on the
/ principle tl'At the burden of proof Is
I hn In.
meditation and malice nforethought in
order to obtain conviction OF murder
in the first degree.
Governors Responsibility.
1T was further shown that {. Gov
ernor Eilyson should be the acting
Governor, grave responsibility was
placed upon his shoulders if he al.
lowed these men TO be executed with
out having first given proper consid.
Grafton to their cases, because the
Governor OF Virginia could, at tn,
last moment. grant a reprieve or take
such other steps as he saw proper ia
prevent the execution before he was
clear in his own mind as to what was
just and right
TO all that was said. Governor ELY
son gave a respectful hearing, but did
not express himself In any way. ever
to the extent OF asking one question
nor was there any discussion as to
what particular stcps he should TAX,
in the matter
Between IL and o'clock Attornev-
General Williams came up and statcC
frankly that. as far his invostga-
ton went. he did not think that Gov
| ernor Ellyson. under the Constitution
could act as Governor in the temper.
airy absence of Governor Mann
After some discussion the Attor-
ncy-GenpFni agreed that he would in.
vcstgate the question further and
confer with Mr.. Davis, the Assistant
Attorney General and be ready I,
give hnal written opinion by l:
o'clock the next day provided tina
the superintendent OF the PenitentiarS
sfw proper. in the exercise OF his dis
erection under the orders of the court