Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-09-14


Judge III. w. Flournoy and Captain A.
B. Guigon for a writ of error and su-
persedeas in behalf of the women Mary
Alternately and Pokey Barnes sentenc-
ed to die Sept. 20. 1895, and Mary
Barnes sentenced to ten years in the
penitentiary. Promptly at ten O'Clock
Judge s. l.. Coleman assembled the
bench and the stentorian voice of the
sheriff was heard calling parties who
were interested in the proceedings |
about to be heard.
Enquiries as to certain papers hand |
ed the Judge elected the Information |
that CONFERENCE.-The Attorney Neb- |
lett had secured them.
Mr. WISE OBJECTS.
Mr. Wise interposed an objection
s'If your Honor please" he said, 1--WE
gave Mr. Neblett all Of the papers we
Intended he should see. He has no
right with our papers in his posses
sion."
''Mr. Neblett," Judge Coleman re-
spOnded, "came to me and said that
the counsel for the defence had sent
him to get them"
Robert Southall, Esq arose and ar
Qued that they wanted time to read
the record and to look up authorities
If forced to proceed his services would
be unnecessary.
MT. w Use sara JldJ nc WAS dSJOUUQ-
ed at the position of the counsel and
he presumed that His Honor was as
founded. 81 doubt if any of the gem
tlemen in their lives ever heard of ar
gumenJ on the application for a writ
81 error, an ex-parte application.
scATHrNe DENUNCIATIoN.
The commonwealth attorney asked
us TO notify him when the application
g. bear Il W.
He has abused our courtesy. What
right have they here ? What farce
The Commonwealth Attorney assist
ed by Mr.. Bernard prosecuted an inno-
cent woman and gave her an ex-parte
trial. When he had her in Lunenburg
Co he gave her no fair trial He
comes here when these women have
but eight days TO live and asks for a
continuance TO refresh his memory. II
he is not prepared, who is He knows
all about the case.
This woman, she asked for privi-
lege guaranteed by the constition, and
was denied it, and he comes here talk
ing about record.
A woMAN's PITIABLE CONDITION.
They stried her. She didn't know
anything about ANY record any more
than Greek and Hebrew.
Now with only days to live he comes
here asking for continuance when he
knows If the Judgment of the court
st6nds, the women must hang as higl
as Hannah. Now they come here and
ask for time to study their own re-
cord"
Captain Wise used his language Will
ease and grace, but soon became filled
with Indignation and made his decla
rations with fervid eloquence.
Judge Flournoy said:
PLAIN STATEMENT.
have RoIobjection to the appearance,
of the counsel on the other side but
do object TO having gentlemen coming
here asking for delay and an interfer
ence in the effort to save these WomeI
il they can be saved. l do object Il
any delay or pOstponement for reason
that are so plain that your Honor can
not fail to see them.
Commonwealth Attorney Neblet
said: We admit every hing the gen
tlemen on the other side say as to tn
law of the case.
Judge Coleman called for the code
After a careful consideration he de
cided to hear argument in the case dl
rect on the motion for a new trial
He would hear a license case and a
the afternoon session would procee
with the case in question
wealth's attorney for Lunenburg &c
and his hired colleagues when the
saw how thoroughly prepared we're tn
counsel for defense in their struggl
to save human life.
THE AFTERNOON SESSION.
At 2 80 p. m. court re-convened.
colored man with an armful of boOI
preceded the counsel for defence.
ttWaH CQnflQmQn are ready
proceed" was the simple announce
ment of the Judge
CAPTAIN A. b. Guigon stated Whs
the cases were and announced thu
the application was made for writ I
error The prisoners were jointly il
dicted. That they were several
tried, does not show on the record.
He then read the petitions. Durin
the reading white man was fined
and taken to jail by order OF the juds
for interrupting court by loud conve
sation at the door.
Captain Guigon continued the rea'
ing of the petition of Pokey Barne
srpplementing it with such CONNER
and explanation as he deemed nece
sary.
Judge Coleman agreed to hear res
certain affidavits in the case viii
stating that be could not legally Co
slider them
THE MAJORS REPORT.
Major Derbyshire's report was
vivid description IF the proceedings.
He declared thai Lucius M. Petit
had no winking affection SO far
could be seen. He stated that one
the citizens said in his hearing that
Ellen Gayle was not fixed she wOu
prove an alibi for Pokey Barnes.
He declared that the excitement W
intense and the danger of mob-vi
len se imminent. Judge Coleman cal
ed for authority. Mr.. Guigon sa
there never was such case and new
such trial
To cite case when none of the kir
had ever occurred was an impossible
ty. Captain Guigon's plea was an alb
presentation of the case. His carefl
reasoning, citation of authority ar
GOODNESS throughout the reading {
that petition which was declared
the opposing counsel to be the best
had ever heard presented in any coul
was superb.
JUDGE FLoURNoY SPEAKS.
Judge Flournoy said If your homo
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