The times. [volume] (Richmond, Va.) 1890-1903, 1895-10-08

the women, So that the whole matter
could Doe ripped up anew from the De-
They acrorIlnely determined 10 present
NIarahle's record TO the Court OF Appeals
with a petition from MN, prepared py
Air. ROYAL. for new iflal. Ihls was
done last week, Win the result ahiluui'D''
Narable's petition sets out the same
grounds for a new trial as those present
81 bv the women. but be makes this ai-
diuonal point-that the call hy tle CONF
monWealth's Attorney. Judge, ana 0hei.
OF Lunenhurg county upon the Governor
for troops. the afildavits OF Major i'elnf
shire and captain Cunningham .iioMtHs
that troops were necessary aH thf"tkN
the trial TO save the prisoners from tne
fury OF enc mob. and the order OF tu'
Judge that they should ne lah'h IIvlN
Luffenburg county as soon as tnet VIZ
convicted and lodged I'm the kchmohi
iall-aU these and other facts seem 10
prove that the people OF Lunenhurg wore
Under such a state or fAfllthitht att
intimidation that no iair ana lhlhai .iHl
jury could De gotten t@ tiy tnrm ia '"'
county OF Llncnburg.
THr FOURTEENTH AMENDMENT.
The fourteenth amendment to the con-
stitution of the United states provinces
that mo State shall deprive any person
of life. liberty. 0r property without uuo
process Of law These Wori Ius m
cess of law have been Feiy lnucn ,i'7-
~.
mean that the process. whatever 81 i.aI
he shall be such as viii secure TAR anu
impartial trial. The prOhpiuom OF l"'
amendment is lhat "nO state snali; -
The Supreme Court of the United states
held I'm ex parte Virginia, lol T. ,. ~
that the state is forbidden by tne ahenI-
mcnt 10 deprive a person of liie, liberty
or property without due process OF ldM
through the action of her courts as WeH
oe throueh the action of her legislature
Tho petitioner claims therefore. 'nat
when The County Court or Luuenuuit
tried him before a jury, necessarily aliect-
eJ nv The general state OF terror and I'M
timiiafion prevailing I'm The county, ile
state deorivel him Of his liberty, ami rs
about 10 deprive him of his life, without
due process OF law.
Court of Appeals upon its sitting DO TINS
citv on the 9Th of next month. ana a
new trial will be asked, whicn i7
thought extremely probable VIII De on-
taincd.
WHAT MAnAHLR SAYS.
When Narable was told Yesterday by
Times reporter that the Court OF Appeals
had granted "a writ OF error IN ms case
and that II was thought HHcN that ne
would be given new trial, his idct hRhtet
up but he did not indulge Pm any mann mann
lesfatons of delight. In reply 70 Qu'S-
fions he said that if the court should
grant him a new trial, ana DE were put
up0n the stand. his testimony would Doe
in keeping WIN ms 'piil "H7i'il WHiN!i ,i".
been made public, stating positively thot
the women, Mary ADernaihy ana PoAey
Barnes are innocent
Narable seemed too much disturbed
about his wifo's destitute condition 20 be
very much clated at his own good for
tun. He said that during the absence
from her home IN North Carolina some
thieves had broken into the house and
stolen everything she had. bed. furniture.
and all: that she had nothing left except
tho clothes she and her two little ones hdd
ou and was in a suffering condition. 10
is said that the colored churches-of Rich
mond will eIdeav0r to raise fu.ids 10 ai-
leviate her sungrings.