The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-15
10 CARRY The CASE HIGHER
Tbs Supreme Court to be PetitOnsd lOr
The LNntlburs Women.
The GOVERNOR WILL BIZ VISITED
By Captain Wise and Asked to Familiar
izc Himself with the Matter in
Case Executive ticmeucy should
be inVoked-A Dramatic
Incident.

be InVoked-A Dramatic
Incident.
Hon. George -. Wse yesterday morning
teicsraphed a. Judge James keith, Pres
ilCnt OF tho supreme Court OF Appeals
now in session an stanton. asking wheth-
cr he would be- able TO hear Oh Monoay
norning the 10th inst. an Application
Nor writ of error in the cases OF Mary
-Abcrnathy and pokey Barnes' "hich
writ was recently applied for TO Judge
Samuel II. Coleman at Amelia ,ourthouSe
and refused.
Last evening Captain Wise received the
following answer from Judge keith
1--WE win consider your application fof
a writ OF error on Monday the 10Th, but
upon such applications We do not hear
oral arguments
When Captain wise was seen last night
he said that as Judge Keith had declined
10 hear oral arguments he considered
Sc unnecessary for all Of the counsel 10
so to Staunton, and that captain 6nlsoh
would make the trip alone leaving for
StauntOn az o'clock to-day. and would
telegraph the decision OF the supreme
Court as soon as IL was rendered
WILL slr gHE GovfRNoR
Captain Wise said that they would leave
no stone uUlNIUfQ IN U'lhll VI NtfN VIM
and that he proposed TO call upon the
Governor to-day TO ask him 90 make
himself familiar with the details OF the
case. so that he might be IN a position
20 take speedy action In the matter IN
case an adverse decision of the supreme
Court should force counsel for the con-
DENIED women 10 invoke eNtcuuNe
clemency. captain Wise realizes mat
speedy action is now imperative for only
fnar. Intervene between the
prisoners and the gallows. lie. how
ever. expresses great confidence that the
supreme Court will grant the writ. I'm
which ctse "a fight VIII De- made at once
for a new trial
Captain Wise talked al length concern
ing the case. and was quite severe in
his deuuuciatiOn of the methods em-
ploycd al the trial Of tho prisoners at
Lunenburg Courthouse.
In connection with the application Tor
writ of error made before Judge Cole
man. Captain Wise said that the Judge
would not do so much as look at the
authorities which they offered ia sup
port of their petition, but said TO him
after he had refused 10 grant tho wit
that De had not done SO because he was
already quite familiar with tho authori-
ties offered Captain Wise told him
that his own personal experience had
shown him that no man. however learned.
could depend upon hls memory IN every
case.
TIT TRIAL Dis4RAACr.
Captain Wise said that Judge Coleman
said TO him after refusing TO graut their
petition that he considered the trial of
the ncsrO women "a disgrace and a stain,
ana that he would have granted new
trial without hesitation had the records
shown that tho military had been order
ca 10 be present at the trial for the pro-
tccion of the prisoners Captain Wise at
once called his attention 20 the fact that
n, records cid show such 10 have been
tho case.
SCORED MR.. EfHIETT.
In making his argument before the
court CAPTAIN Wise poured hot shot into
Eommonwealth's Attorney Neblett for
having asked the jury To- convict the wo-
men ON the uncorroborated testimony of
Solomon Marahle, whom Mr.. Neblett him
self characterized TO bc a liar
Captain Wise considers the strongest
Point in their petition, and one which
alone should secure the women a new
trial. % he that instruction given 10 the
Jury that tried them. which avs that in
setting up AN alibi the burden OF proof
lies with the prisoner Captain Wise
quoted Bishop TO prove that it is an
cumbcnt upon the Commonwealth 10
prove each iOint in chain OF evidence
for every accused person is presumed TO
Dee innocent until proven guilty
Captain Wise declared that his belief
in the innocence of the women was 50
strong that IL could not Dee shaken, and
le referred 90 their actions ln support OF
Dis position.
IVSocENCg AND GUILT
lie contrasted the way I'm which they
behaved when told Of the killing of Mrs
Pollard. in contradisrnctiOn TO the ac-
tions OF Solomon Marahle. The women
were first on the scene, and old Mary
Abernathy wiped the blood from the muir
dered woman's head, and afterward
hel0ed 10 shroud her. while Solomon fled
from the scene. was restless. and ner-
vous. and showed AN the symptoms Of
q mind IN at ease.
DRAMATIC sCENE.
After Solomon Marable was baptized
into the Catholic faith by Father We'll
hers bee expressed "a desire 20 see Mary
Alternately and Pokey Barnes. TO ask
their forgiveness for the great wrong
De- had done them. and his request was
GRANTED. Those wnO were present az
t.e meeting say that IL possessed many
t.anafic and pathetic elements. lie told
re women that God had forgiven Hm.
ard DE would like them 10 do likewise.
Iokcv Barnes replied to him in a long
sneech recitng the wronss that he had
cone them. and the fearful condition 70
which they were reduced by his wilful
and malicious falsehoods. and concluded
ly SAYING that she might forgive nut
could not forget bis action.
Od Mary Abernathy. who had sat In
FI.nre during thf colloquy suddenly
turned and faced Marabic
"You say dat de Lord has forgive you!
she asked.
"Yosm. lie have" rephed solomon
"Wcu I is glad Of it," said the ola
nesreas. "Dccd is. An II you Is
surc of H. Solomon. den j forgiNes YOU
too. Hut don't fail 10 make sure dat
lie has forgive you. an keep on prayin'.
for "a day n condemnation is comm.
The supreme Court and the Governor
are now me only powers that can save
these women, and y both should refuse
20 interfere. their execution VIII take
place on Friday September 10th, at Luz
nenburg Courthouse.
sTEIOT> IfFRfT.
shipping Agents Have Row and
Woman Gets Hurt-A JAIN Delivery.
NEWPORT NEWS. VA. Sept H.-Spe-