Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-02
4 PLEt TOR MARABLE
NJ. Royal Trying 10 Secure a New
Trial fOs The Murderer.
COLEMAN DECLINES.
~ promptly Refuses TO Grant the
vrit-Thc Whitc-Man story Ad-
.od 10 In the PctitIon-May Go TO
,.Initcd states Supreme Court.

Ipitcd states Supreme Court.
THO frs. sun IN the fgh, for a new
.. IN William Henry. usually called
.....o Marablc, the confessed Lunen-
murderer. was fired at Powhatan
....-,e.lse yesterday. when the prisoner.
.....r his lawyer. Mr.. William l.. Roy
...,ared before Judge Samuel +.
-..,..n and fled an application for a
- error which was promptly re-
r..i
...... 5fslrous Of having complete re-
.-..f. ne Iunenburg cases. and realizing
49,, f,.> could not be done If Marable
... hinged. Messrs. Joseph Bryan and
o.,.-. l.. Royal determined that they
mari. present Marable's record TO the
...-, ~ Them to act upon, and accord
~ sfr Royal drew up the petition
n.r as stated. was presented TO Judge
Coleman yesterday
..,. case viii now be carried before the
.....r. Court OF Appeals. and il the
-.. l. rot granted there it will b. car
ERRORS IN TIE RECORD.
OIL. .sution. which is Drawn IN the
.-.. -.-.an. is voluminous, and besides
......rs tic case in It's every phase and
.-.- every stan lpoin, cites numerous
.--.-. ID the record. which are practically
,.. ..n4 as cited by the petitions Of tie
1.r.-.urg women recently acted upon by
o.. supreme Court.
t..r going into a detailed account OF
... wn.t.-man story. as frequently told
...a Dis Incarceration, the petitioner tells
az lis arrest. and asserts that he orlSl-
nails t..l the story accusing the women
,, .r.,scity because he was afraid oil
v- L.c.us Pettus. a brother-in-law OF
W. l.,d Thompson, his alleged accom-
.. Who had Joined the posse that cap
frt lm.
s-.r setting forth the fact that milf
.-, Guard was sent TO LunenOurg court
-. .ol the protection OF the prisoners
tho petition asserts that the whole county
.st.1,nburg was in a state OF terror anu
tru, iauon. ana practically under mop
r..e. ana says:
The people Of the county had come to
..,t. TIE prisoners had committed the
order. and they would hear OF nothing
t-- large body OF them was deter
I.r.1 that the accused should be exc
..t-I. ana all who cared to question the
tIt ~ the accused were in a state OF
humiliation. until the whole county was
DID, ID state Of terror that made an Impair
n4l trial OF the accused an impossibiiity.
Tn. military are believed to be Just as
r.cessary 70 guard the officers OF the
urt and jury. IL there had been the
slightest reason to suspect that the ac-
. -ad would be acquitted, as 1t was TO
slar2 the prisoners"
y MOCKERY AND TRAVESTY.
Continuing the petition says
During the trial the judge entered an
order Of record that the commander of the
military should be authorized 10 remove
the prisoners from the county jail, If he
should think that he could more efec-
tuany guard them fIom the mob In that
building than in the jail. copy OF SAID
order is attached To this petition, ana
prayed tu be read as part Of H.
Your petitioner represents that triaI
uuder such circumstances is no more than
ID moCkcry and "a uaVcsty It's no tTIaI
20 all
When your petitioner was put upon his
t..I. tae confession he had made was
B.. ed. and he was convicted When
Ga.y AieInA,ny was put upon her trial
...r petitioner was put on The stand as
r..u,ss. and. SIN under the domination
tie terror with which he had been
INSPIRED. your petitioner told the same
story. and she was also convicted.
.,u succeeding day, Pokey Barnes
We. pat upon trial Your petitioner, beng
,.,a Convicted. and feeling that there
u,- D.. hope for him, determined that ne
would tell the truth about II. Being put
.,,u re stand as a witness in said Pokey
fafres IS, case. your petitioner narrated
tOe facts as he has narrated them in this
Iert.on. Whilst testifying TO these facts
f.- aforesaid Lucius Pettus, who was
sIl.ttug on the floor within three or
fur feet of your petitioner, winked at
}..r petitioner in threatening
n.y. aal whispered to your pc
tH.ner. Put it on Mary Aber-
I.tav ana Pokey Barnes Your petition
~ Mas again tcrrorized by this mans
threatening demonstrations and he took
TIE statement back as be had made i,
Ed ma4, the statement anew that impii-
Gated tae three negro women, and Pokey
Barnes was convicted and sentenced TO
tr Aars. Your petitioner had told Cap
cain Frank Cunningham and MIR. Neblett,
Do. tommOuwealth's Attorney, the true
ry ~; the crime. as herein set forth.
before ne went 10 the courtroom to testi-
- az Pokry Barnes's case"
His CONFESSION EXPORTED.
After a-lin setting forth that he is
an un.et,fel nego, the petitioner asks
mccoy 90 t.- hands OF the Sppellate court,
aai Confines:
Your petitioner shows that there was
o. evidence Of any sort whatever to i'm
p.ca'e t.m in the murder OF Mrs. Pol
a-A except his confession. eXtorted from
Dim. as is herein set forth. and that
De- hau made his confession without
intimidation OF any sort IT would have
"-h tae statement which he makes
herein
Following this statement. the petition
f... into an exhaustive recital OF errors.
Ia" oi which were set forth In about the
'.n manner IA he petitions in behalf
o. ite women.
'a. very salient point made. and one
ga which. " the Supreme Court of APP
i'4' refuses to grant the writ. the APP
i'.t'Hn may be- taken TO the Supreme
'o-t u the United States. is that the |
,.'i''. being teTrorized. II was impossi-
'' io obtain competent jury from |
sn1is It's citizens and. therefore. the !
N Wa unfair. The contention IL |
made on the strength OF the assumption |
'".i an unbiased JuIy was unobtaInabie |
]. L.t,uturg. that Judge organ. In re- |
..,i- change Of venue. violated the |
I'.ilt"nth amendment To the ConSti- |
',H1 % the United States which IL: |
N' state shall make or enforce a law |
"t.A shall abridee the privileges or inn |
.'es Of citizens OF the United States |
Nor deny 70 any person within |
nv Jurisdiction the equal protection Of |
TIE laws"
AGAINST THE CONSTITUTION.
Aii'r laying down this proposition the |
!'.',n proceeds TO argue IL out as fol- |
ha..
NE fourteenth amendment then, In
l.tIitiIfg a State 10 dcpriNe anY per-