Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-27


At.orney-General, and after consultation.
decided to permit the submission by
counsel for the Commonwealth OF the
proposed amendments to the record, ana
let the argument include a discussion
as to the admissibility Of these amend
ments.
The argument was not gone into nntii
nearly noon, and was opened by Judge
Flournoy. Major Scott and Judge Mann
followed, and Captain Wise was 10 con.
clude. but Judge Mann was intercepted
during the middle of his discusstc1 py
the court. who stated that the hour OF
adjournment had arrived, and ne was
forced to wait until to-day 10 conciuoe'
The Pokey Barnes case was taken UP,
and argued, with the understan ing tha'
the decision would carry wrth ,he
cases, of the other two women. Inc n'la
hIe ,ease will come up to-day. and will
be argued by the Attorney-General anu
Mr. w. NJ Justis.
THE NUNC PRO TUNC ORDERS.
When the Pokey Barnes case was mrs,
called Attorney General Scott arose ana
suggested that an agreement De reacnsu :.
betweer counsel whereby the record might
be considered as If 1t had peen
amended by the entry Of the order nuhc
nro tune. proposed to have been entered
at Lunenburg Courthouse.
Mr.. Guiean objected to any such agree
ment. and wanted the court to have
the argument proceed with the record as
ii stood.
Judge Mann then read the orders nunc
pro tune as drawn up preparatory 10 pe-
ing entered. and asserted that he wanted
nothing but the truth TO come OUT e ne
said that the orders, If they had been
entered, would have so amended the re-
cord as to show:
That sixteen jurors, free from excep-
ton were selected in each case.
That at every adjournment OF the court
the Jury then trying the case at bar was
put in the custody of the Sheriff, who
was duly sworn. required by law; ana
that the sold jury were returned each
morning into. court In the custody OF the
Sheriff, according 10 the order OF ad-
journment
That whenever the said jurors went
TO their room to consider of their ver-
dict they were put in the custody OF the
Sheriff. who carried them to their room,
and returned them i'm his custody into
court.
That before delivering their verdict the
said Jurors were duly polled, as required
by law.
That these amendments to be. made to
the record are based on the personal
knowledge Of the Judge and the records
of the court as they now stand.
That all of these orders were made
during the trials, and the Clerk then
directed to enter said orders on the order
books. and that by mistake he failed to
make said entries.
THEY DESIRED CHANGES SOON.
Judge Flournoy stated that the prison.
ers desired certain additions TO the record
II IL were opened. and that they wished
1t shown that, Notwithstanding the fact
that the jury was sworn. the members
thereof while considering their verdict.
did mingle with the crowd around
in a game Of base ball.
The court took the question under ad-
yisement, and went into the conference
room to consider it, The judges returned
i'm about twenty minutes, and President
Keith announced that the court wished
counsel for the Commonwealth to state
the particulars in which 1t was desired
that the record should be amended, and
then the court would hear argument as
TO the advisability Of the nunc-pro-tunc
orders.
Judge Mann stated that he desired that
the record be made to show that sixteen
Jurors. free from exceptions, were chosen:
that the Jury were duly sworn. and
placed In the custody OF the Sheriff. and.
before rendering their verdict. were duly
polled.
ARGUED ALL TOGETHER.
Judge Flournoy asked II the court de-
sired the question OF nunc-pro-tunc or
ders TO be discussed, and was informed
by Judge Keith that the court would