Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-28

iurics OF the county OF Lunenhurg, and
the sentence OF the law pronounced by
the Judge. and lust as IL would nave
been done In any county or the state.
"'rhe officers engaged in the trials
not Only stand we'll at home, but would
stand well In any county or city IN
Virginia. They have discharged their
duties az true men should without fear.
favor. or affection. and they stand to-
day without rcproach
"S.ucc the trials the eyoe OF Virginia
and the country. for some strange rea-
sons have been turned on Lunenburg.
Her people have been subjected 10 criti-
cism: the trial. because It was had with
the prisoners under military protection.
has been called farce. and the people
of Lunenburg an Infatuated mob.
SYMPATHY WENT THE WRONG
WAY.
"The sympathy which should have
been expended on the good people OF the
county and on their unprotected wives
and mothers. if this fearful murder Is to
20 unpublished. has been lavlshed on the
murderers. and the letter of the Judge
and Commonwealth Attorney written
AT the time Of the outrage and In the
midst OF the first excitement has been
taken as characterzng the condition
which has ever since existed. and Lunen-
burg. COOL collected. and law-aCiding,
has been Judged by Lunenburg when
under excitement OF fearful outrage.
This IL all wrong. There never Ia: been
q iynch.ng in the history Of the county,
which hes always been filled with true
old Observation-Disclosures and law
abiding. | am not here to-day 10 defend
her. because she needs no defence Her
SOFA and her daughters need fear no
comparisons. They are but the descend
ants OF the fathers and mothers OF this
glorious old country
"And now | stand here not 20 repre-
sent u single vindciive or unworthy
feeling. Innenburg must not be driven
from the straight path. The criticisms
OF outsiders must not he visited on these
unhappy persons. Nothing must be
asked: nothing IS asked but justce-im-
partial. even-handed justice. We ask
that the law Of Virginia may be car
ricd out. as we know It will be; that
these questions be decided according to
their very right. and that justice be done
though the heavens fail"
CAPTAINS WISE'S ARGUMENT
judge Mann's argument was very fine,
and he was heard with close attention
and deep interest. Hon George d. Wise
followed him. making the closing speech
for the condemned women. Captain Wise
FIRST alluded to the contention of the
attorneys on the other side that the
counsel for the prisoners were relying
upon afiidayits and statements not con-
tanned in the records. and called atten-
ton TO the fact that one half Of their
time had been consumed in the effort
To show that the certified record does
not toll the whole truth, and insisted
that It should be changed. "Their whole
argument" he said, 'is based upon pre-
symptoms and alleged facts. which are
not contained in the record. 1t is APP
narent that It IS their wish to bring
us TO Judgment on presumptions and
strange us TO death by nunc-pro-tunc
orders. The speaker went into general
review Of the case, picturinS the muir
der. and showing how the women now
charged with the crime had responded
TO the bell when rung by Mr.. Pollard.
and washed the blood from the body
of his murdered wife "But there was
one man." he said, who did not respond
TO the peals of that bell. The coward
soul Of the perjured Marablc shrank
from contact with the body of his muir
dcred victim"
CAPTAIN Wise then took the assign
ments Of error seriatm. and took up
first the fact of the failure Of the re-
cord 10 show that although the
statute requires that in cases where there
is a Joint Indictment the Clerk shall issue
Joint vcnire faCias for the trial OF all
Of them, the record shows that this
plain mandate Of the law was dsrc-
gardod and disobeycd. "Tho Attorney
General seems 10 think" said Captain
Wise. that our complaint refers TO
the fact that there was severance in
the trial The record does not show
whether that severance was on the mo-
ton OF the prisoners or Of the Com
monwealth's Attorney. hut our contention
is that crrcr was committed in not
issuing a joint venire facias. as re-
quired by the statute (See Code. sec
ton 1907.
captain Wise next took up the second
ASSIGNMENT Of error. setting forth that the
record did not show that sixteen men
free from exception were selected for the
trial Of the cases at the bar and argued
az some length 10 show that this was a
gross error.
HOW THE JURY WAS KEPT
The third assignment of error, That
tho record does not show that the jury
was kept in the custody of the Sherit
when without the court. was next gone
into Captain Wise cited authorities TO
establish the necessity for these entries
on the record. and when asked by Judge
Reilly whether va the trial court any eN-
ception was taken to the errors in the
a..
cord must afilrmatively show that all
the essential formdites in the proce-
dure have been complied with. and Il
failure to do so constitutes error on the
fac OF the record. Of which advantage
may be taken ON q writ OF error. even
though objection was not made by the
accused i'm the trial court.
The fourth assignment Of error set
forth by Captain Wise related to the
Instructions Of the judge to the jury.
Judge Keith asked Captain Wise If the
instructions formed any part of the re-
cord.
Captain Wiseis reply was: They are
here He went further 10 say that II
the instructions were erroneous. they
should clearly be passed ON. He took
up the question Of alihi. and asserted that
the Court erred in instructing the jury
that the burden Of proving an ann
Is upon the prisoner" Captain Wise
said that the instructions didn't say that
the burden was upon the prisoner If he
Attempted" to prove an abb. but left
the Jury under the impression that the
prisoner had to prove an abb, whether
he wanted TO or not.
CHANGE or VENUE.
Captain Wise next took up the question
Of change of venue. and Of the obligation
on Judge organ TO grant change. ana
said: In our Fin OF Rights arc enunciatcd
certain principles which should be held 10
be sacred and inviolable. In 1t are emu
mcratcd those rights and principles "hich
arr, REGARDED as being among the most
important muniments of our lives and IL
hcrtics. IL has cost oceans of blood TO
secure Them. and they will not be sur
rendered without long, bitter. and de-
tcrmined struggle. Chief among the pro-
visions OF that instrument is that when
declares that In all capAal or criminal