Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-08-25
Commemorative Attorney Nenlett on the
Lunenburs Matter.
REPLY TO AN EMINENT LAW fE"'
Facts In the Trial of MARY
pnthy md Pokry barncs-'""-
vicuon In Accordance WIZ" "
aud Evidence.
and Evidence.
wurrLEs MILL. August 10, 1895.

ifs author. ] wish l Ia 3fimc 70 rescue
the article from oblivion and place II
upon record as lesal curiosity renowned
for It's sra,uitous assumptions ana its
want OF truth.
There seems as II there Is n coveious-
ness abroad just now which is neither
the fruit nor the friend OF truth. hSfie
10 be eminent. Ike a haste 10 be r'ch' lead
men into hazardous epccuations which
will only end in fallen fortunes.
RECONCILED 10 CONSCIENCE
The eminent lawyer" cannot Under
stand "hcw an honorable judge recon-
ciled 1t 10 his conscience - retase a oh"ilSe
az venue" To me it would have been
n mystery had our honorable Ja'-e recon
CllcG il to his e. nScieuce 80 nave Nh""N' -
the venue under circumstances suiIo"'''-
ing the same. \ motion ior q July rom
another county and Tor change " VENUE
was made AT the proper time during me
trial OF Mary Alternately by J-1@e IL
liam II. Perry for the prisoners. ana VII
nceses were examined 20 support ms mo
,ions and after careful examination "l
H. same by the learned Judge the tNih-
,uonwealth's Attorney siATl ~ 'e
Court that he would offer no iesHihoNY
for tho prosecution. as the counsel ior
the defence had failed To SUSTAIN HIS
motions by his OWN witnesses.
The Commonwealth Attorney -
turning 60 The counsel Judge Ierty''
asked him II he desired 10 argue MS
motions and the counsel for the De
fence said las ne had failed TO sustain
rs nations by testimony he cohld as
sign NO reaso n why the Court shouio
~ cy.rr,l's them - mucn LOT 'he
facts Now for the application Of the ~.
As TO CHANGE OF VENUE.
7, has been iail down by the Court n
Arueais "upln an application of IT.
nor charged WITH murder for a ca 10
az venue. his AFFIDAVIT alone OF his Tears
or belief that he cannot Obtain Ian
trial 30 the county IL not s-iNcl."' a.
sustain the motion but Dr. shoni' re
ou.rea = show hy INDEPENDENT ana D,S'
interested testimony such iatls as "',"V
u a,ns4- probable, az least ihat h.s
80 .-4 lorrf are wtI founded. lux
,.h.~. s3ch fac,s are shown iy the Prs
or.- and are Tot su.E .u.y feie ~
.r ey~llr,I by The Comm h"eAi.l' "'
argument q ircouven'..- ~ u'i'S
shouf5 t.. Permitted O. stand in the way
~ tle crc9t end p. l- attuae1-a lar
ana impartial TRIAL y orms''Y Vs.
com. - Grafton. t,s. See COM W. NC
cue. O.. al. IA. Cas- -. l',su.ar
Flockhear. leieh. s'i.
He HAD FAILED.
Vow It appears that the motion Tor
q chance 81 venue was mace ny Wy
prisoner. that her ai'l.asit Wac niet' anu
ttat her counsel said "te had irilei u
s,,-.,ort rr-by iuaeyonlent and disin-
tere..,d testimony, as ,he law ieP.iI's'
Iy.,il il not have been mystery for
f.,s,. o. a court Of law = have o.
Cercl 1t change 80 venue ,. 49,
m eminent lawyer says The hang
IN ~ pokey Barnes and Mary Auer-
nsthv on the evidence OF that iniseia----
creature. Solomon Narable, would De ,ie
greatest crime ever commlt'eA III tN'9
e'.,,,.rv ana there is absolutely nothing
IN Tie evidence 10 cast s'I'oss
,icion upon them except the de'iaia
lions Of Marable while II is impossibie
~, any one in his tight mind couid
believe him" ,.....,,.,,,,
nor Il is asserted by that "renownei
,.,-ver, that 1T l. impossible for any
one IN his right mind TO believe nm
solomon. when. in fact and IN uu'n
twelve men. both good ana true, anu :"
rhelr right minds. and the court oli 30
80 IN. so he has asserted that as I'm
,orsihla which conscience, hohes'E'
Intelligence have made q matter Of record
Judges AT a DISTANCE.
Now. Is s, not passing strange tha' w
writer Of the article alluded 10. over one
,,,r.7 miles from the theatre OF trial
- many witnesses testified, should
provv more about the testimony Whlch
g IN establish tn guilt Of these par
.ies than the jury and trial judge 10 az
mil such know edge would be- moral dO-
eurdjty. and would add TO his en'hehcr
the power Of omnisclence-a glory 'o'
great 10 have had its origin IN the soiH'!
Ieports furnished by the daily press
t,re. L., MS INQUIRE if Mary Alternately
.nd pokev Barnes could bc hung on the
,sstlu,ouv Of their accomplice Marabiel'
alone. and secondly, IL there was mae
pendent testimony supporting the declaia-
iions Of Marabls. ! state the law as
Ine Il.
AN ACCOMPLICE As y WITNESS
An accomplice is unquestionably com
retent witness against "a prisoner cNdiS.N
with "A crime unless De has been preN'ously
convicted OF an Infamous offence anu ~
f. compctsnt alone-that is, an acCus'n
may Ne convicted on the testimony or an
acco,npl'ce uncorrob1rated by that OF any
other wi,ncss-it being the DUTY OF 'hv
3urv in al cases 70 consider the eNluehce
and iudee Of the credit az the witnesses
Hvrd's case. Virginia Cases, 40 Brown
case. . Leigh. So. divers Case, a. II
qinia. -. code 1873 chapter ls'. section
y. Dove y. Commonwealth, Virginia lse-
ports -. page 90: Mamie Woods case. IL
VIRGINIA Law Journal, pages Ssi ana 90.
1t is not denied, however mat inc
testimony OF the accompAc'' MaraDle'
W. clear and pointed. as well as com
,latciv demonstratiVe Of the guilt OF the
rrlsoncrs. Narable was undoubtedly
..liar and a thief" with no respect Tor
ms marriage vows. but the jury believed
D. arrourt Of the crimo FOR which the
uriseocrs were tried and convicted. II
Vas for the jury TO weigh the testimony
and believe or diebelieve t.-Dove's case,
"a Rms. D. So7. The contention Is mat
Naratle. being A liar. should not have
heon believed by the jury. The Court OF
Ann ais has decided. notwithstanding an
accomplice. on a former occasion. denied
ON oath all knowledge Of the facts 10
which he testiiies al the trial, ye, this
goes only TO his credit, and II the jury
ind q verdict of conviction on his testi-
rnouy. arsi the court before which the
trial is had DC satisfied with the verdict.
the appellate court Will not set 1t aside
Brown vs. Commonwealth, Leishs Rps
Vol. .. p. 76S.
CORROBORATINE TESTIMONY.
il Is not true that there was no indie
pendent testimony IN this cause which
corrOborated that Of Naturalization cx-
ample the intimacy % the prisoners with
Marable-ihe over-anxlous efforts 10
screen him from prosecution. and also
their great desire that he would be killed
while fleeing from the officers of the law.
The sudden Illness OF Mary Barnes. and
her asking Mrs. Pollard for medicines