The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-26
CURTAIN FALLING
ON ALLEN TRAGEDY
Prisoners Prepare for Final Scene
Behind Penitentiary Walls
Friday Morning.
FOUR JUDGES REFUSED TO ACT
Attorneys Exhausted Resources
Victor Allen Sees Father
and Brother.

There were no developments yester-
day in the Allen cases. and it was in
creasingly evident that there can be
none. Should any opportunity present
itself, the friends of the condemned
men would not hesitate to seize upon
1t. All hope, however, has flown, and
the prisoners are preparing themselves
for eternity.
No power can even postpone the ex-
ecution Friday morning save the hand
OF Governor Mann. who has given his
final decision. and who will not change
IT.. Victor Nj. Allen had heard nothing
last night OF any further attempt to
appeal to the Governor. d. c. O'Fla-
herty, the last remaining attorney for
the prisoners in this CITY, had heard
that such an effort mad been contem-
sonally, nor on what such a plea could
be based.
Four Justices Denied Appeal.
Mr. O'Flaherty was back at his office
yesterday. r. II. Willis, who was as
ISOLATED in the final appeal made ia
the Justices of the Supreme Court Of
the United States. went direct to his
home in Roanoke, where MIR O'Fla-
herty tried yesterday TO reach him by
long distance telephone. -Four of the
members OF the nations highest court
were seen by the attorneys-Chief Jus-
tee White anc Associate Justices
hughes. Lurton and Holmes. Their de-
cision on the petition was unfayorable
In fact. all hope was practically
abandoned after the refusal OF the
Chlei Justice TO grant the writ of error
IL is known that some of the law
ycrs in this city who had previously
been connected with the defense of the
Allen cases. declined to take part in
the appeal to the Federal courts. he
ing convinced that the contention that
me constitution had been violated in
the second trial of Claude was uu-
tenablc.
stun. IL is understood that in re-
iusing the appeal, Associate Justice
Oliver Wendell Holmes intimated mat
II the Federal question had been raised
IN the virginia courts he would give
more favorable consideration to the
petition. and perhaps would grant n
nearing in the matter. The argument
mat Claude Allen had been twice
placed in jeopardy was made part OF
the petition for writ of error in the
supreme Court OF Appeals OF Virginia
but only with reference TO the Coustt-
tuition OF this State and not as to the
Constitution of the United States
Judge Keith. president OF the Virginia
court. passed on and turned down n
federal point-the same as that pre-
scented in Washington.
Victor Allen at Prison.
Victor Allen spent most OF vcster-
day at tho prison with his father and
brother. He said last night that he
was gratitied To see both men bearing
up so well under the strain. Claude
he said. was cheerful. while his father
was composed. Victor went to The
penitentiary early in the morning. re
naming until noon. and went back in
the afternoon. He will go again to-
day. He is uncertain about his i'm
mediate plans. but will, no doubt. re-
main in the city and accompany the
bodies OF his father and brother back
10 Carroll County for burial
1t has al no time been the intention
OF Miss Wissler TO come To Richmond
again. She told Claude Allen. her
sweetheart. goodby forever two weeks
ago. and left with the intention Of moi
returning to the city. Victor Allen
said last night he did not expect her
here, although OF coarse, there is al
ways the possibility she may come
Rev. George w Mcdaniel, d d.. and
Rev j. j. Scherer, called again al the
prison yesterday.
The jury to witness the execution
VIII be summoned Tomorrow morning
The last scene will be enacted early
Friday morning. probably between :
and $50 o'clock.