Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-28
LETTER FROM JUDGE ORGAN.
He Reviews the Cases and Argues
That There Wos Enir Play.

| He Reviews the Cases and Argues
That There Wos Fair Play.
The following letter, which will be read
with interest just now. brings out num-
Der Of facts with which the people gene
rally are not familiar:
LUNENBURG COURTHOUSE,
July &c. 1885.
To the Editor Of the Dispatch:
Ny attention has been called 10 COM
munlCation which appeared in the issue
| OF the Richmond Star OF WEDNESDAY, July
/ oath. under the head lines, The open
| COurt-WOuld-Bs Judicial Murder-An
/ Eminent Lawyer Pleads for PokY BaTneS
and Mary ~ rnathy' which conmHil-
! cation - signed Lawyer
This communication IS so grossly unjust
! and unfair 10 le Juries who tried the
! Pollard murder cases, 50 misleading as
to the motives and action Of the court;
such a reelection upon the people or Lun-
cnburc. and so far at variance with the
/ true facts. that | deem IL my duty, IN
| the interest Of truth and fair play, 10
| make a statement 10 the public, and re-
| that purpose. IN the communication
shove referred 70. published In the star
I the Eminent Lawyer uses This IAN
/ guage: These negroes should have been
granted change Of Venue, in the first
| place, even Solomon MGyable himself, and
| how the judge rCcOnciled u 70 his CON
| science to refuse 1t Is mystery. II IL
said he joined in the application TO the
Governor FOR troops, certifying that the
law-abIiIng people Of the county would
be unable TO prevent the lynching or the
defendants, even before the trial COM
THE FACTS THESE.
The facts are these: At the time the
murder OF Mrs. Pollard was committed
was absent from the county Of Lunen-
burg. In the county Of Amelia. A special
messenger was sent to Amelia TO inform
me OF the murder. This messenger brought
me a lerer from the Commonwealth
Attorney Of LuIsnbnrg. stating that the
and Mary Acknowledgements reach the
town Of Blackstone, in N0tt0way county,
in charge OF y deputy sherin aad guard
on the next day, and requesting me 10
meet the Sheriff and prisoners at Black
| stone and give an order for their iHcarce-
ration In the Jail Of the city Of Petersburg
! for safe-keeptng. Tins messenger did not
reach me until too late at night for me 10
| 80 10 Blackstone until the following
morning. when | proc 1eded TO Black tone
| in company with the messenger. on our
arrival at that place We found that the
| Deputy Sheriff OF Lunenburg had left
Blackstone for Petersburg. as he feared
the prisoners would be taken from him at
the former place, as several near relatives
Of the murdered woman lived near there.
/ at once went to the telegraph Office and
sent an order to the Jailer of Petersburg
to receive the prisoners in his jail, which
was done upon their arrival La that city.
THE SHERIF~S OPINION.
On reaching the county Of Luncnburg n
rev days thereafter. in a conference be-
tween myself, Sheriff Cardozo. and w. T..
Nebs.tt, Commonwealth Attorney Of Lu-
nenburg, the Sheriff stated that In his
opinion II would be necessary to have
troops during the trial OF these prisoners
as he believed it would be unsafe TO bring
the prisoners here to be tried without a
military guard. The Sheriff also stated
that he was going 10 Richmond the next
day TO see the Governor to ascertain from
him whether troops would be furnished
the Sheriff of Lunenburg upon his appli-
cation, v necessity.
Mr. Neblett then said he would draw up
letter TO the Governor informing him OF
the murder and the state OF feeling in the
copn,y nesr the scene OF the murder; that
the Sheriff Of Lunenburg would call upon
him and state the condition Of things with
view OF ascertaining whether the Cover
nor would send troops upon the call of the
Sheriff. If they should be found neces-
sary. The Sheriff requested me 10 sign
this letter TO the Governor. along with the
Attorney for the Commonwealth, simply
10 apprise the Governor OF the fact that
the Sheriff would call upon him 10 know
IL troops would be sent upon the aDplIca-
ton Of the Shsrin, If deemed necessary by
that officer.
This letter was not intended, and was
IN no way = COIL upon the Governor for
troops. The statement, therefore OF "Emi-
nent Lawyer" that | COINED In the appli-
cation 10 the Governor for troops. certi-
Tying that the law-abiding people OF the
county would be unable to prevent the
Enchlng OF the defendants. even before
the trial commenced" is without founda-
ton In fact = no tlme-before the trial.
at the tfiai or any other ttrne-have
ever asked the Governor fer troops I'm
these cases. eE any others. II Eminent
Lawyer" VIII turn TO the 36Sth section OF
CODE or Virginia, 1857: he VIII see that
,in sheriff Is the, officer designated by
repeat that the SHERIFF OF Lunenburg
aions called Tor and obtained the troops
from the Governor. In this connection 1
appsnd letter OF the Sheriff. which ex-
plains Itself
AS TO CHANGE OF VENUE.
As to the charge made by Eminent
Lawyer THAI these negroes should have
been granted q change OF venue" &C, be-
fore quoted. the facts are these: on Sa-
tnrday. the 18th Of July when Mary
Alternately was arraigned for trial. she
was asked n she had counsel. She said
she did not. 1 adjourned court until Mon
day morning. the 18TH OF July, 10 enable
her 10 procure counsel, ns she stated that
she thought she could procure counsel by
that time. On Monday, the 18th OF July,
when the cas- OF Mary Alternately was
called. ex-Jadss W. II. Perry, OF Lunen-
he bad been spsksn y to defend the pi1-
scner, and sal. he had two motions 10
nlake-one was for leave 10 file an afr
dayh on the part OF tho prisoner that
Ia the county,. she eoa.d rot get n fair
trial. The other motion. he said. was for
juw TO be summoned from another
county.
The Court stated that the sfydayit might
ke filed ana the motion sn,ertsined. and
gave the counsel leave 20 introduce any
evidence he might have IN support Of the
AFFIDAVIT for chang OF venue. Judge
nent citizens Of the county called TO the
stand and sworn as witnesses, and exam