The times. [volume] (Richmond, Va.) 1890-1903, 1895-12-13
ALL THREE GET A EEW TRIAL
Supreme Court Hands b. IN It's Decision
IN the LGlM bHs Case.
Al EXHsUSlly. OPl1lOs RENDERED.
Judge Rely Disscnts ia one Particular a.
to the Keeping of the Rccord-The
Prisoners Must Now he Taken
10 Iunonburg County.

the Court OF Appeals would yesterday
hand down an opinion In tho Luncnburg
caees. yet there dld not seem TO be any
great excitement prevailing on either side.
None OF the counsel who had appeared be-
fore 'ho court 10 argue tho cases were
present az the time, and even the court
itsclf seemed TO treat the cases in a mat
ter-of-fact sort OF a way. for the opinion.
which reverses tho judgment Of the trial
court and sets aside the verdict. award
ing a new trial 10 Pokey Barnes, Mary
Alternately. and Solomon Marable. con
Victed Of the murder of Mrs. Pollard was
The last one TO be- announced.
Some two or three weeks ago The Times
forestaled that the granting of new
trial would be the final outcome Of the
proceedings then pending in the court Of
last resort The opinion was read by
Judge Buchanan. and the particular case
treated was that OF Pokey Barnes.
Judge Rely handed down an opinion
dissenting from that Of the majority or
the court as 10 the last count
EFFECT or THE DECISION.
The legal effect Of the decision IN the
Luncnbufg cases is 70 remand them TO
Iuncnhlrg for trial dc nONO. Any de-
fence that might have been made AT the
former trial can now be made. including
the motion for change OF venue
~ is true. also, that the judgment OF
the lower court having been reversed,
Aiafahlo will he competent witness.
What now military aspects are 10 be
developed. in the case. and tho reception
that awaits the prisoners when returned
20 lunenhurg for new trial. Is not mat
ter for surmisc.
The prisoners were informed Of their
good fortune az the city jail yesterday at
fofuOOu by Deputy Sergeant Claiborne
Epps. They appeared 10 he highly elated,
ANA expressed their JOY I'm noisy fashion
with shouts of THANK dc Jord' All OF
them have been I'm good health since they
We're transferred 10 the jail In this city,
and 10 an appearances have suffered very
little from mental worry over their
plight, and lost neither sleep nor appetite.
The next move 10 Dee made 10y their
counsel viii no doubt be am application
10 the County Court Of LuncuDurg Tor
change Of venue and In that event tho
prisoners will have 80 be present at the
proceedings In that court
The following is the iull text OF The
opinion of the court.
THE OPINION IN FULL.
Pokey Barnes VS.. Commonwealth. Opin-
ion by Judge Buchanan.
The first question TO be disposed OF IS
the motion of the AttOrney-General and
his associate iu behalf of the Common
wealth, to have the decision Of tins case
upon the merits postponed until the COun-
~ Court shall have amended the record
OF this case in that court so as 90 make 1t
First. That sixteen Jurors trss from ex-
coption We're selected for the trial OF the
accused.
Second That AT every adjournment of
the court the jury trying the case at bar
were put in the custody of the sherin,
who was duly sworn as required by law,
an6 that they were each mornms le-
turned into court in the custody ot the
sherin according TO the order OF ad!Ctun-
fl' ut
Third That whenever ,he jurors went 10
tfeif room 20 consider of their VERDICT
they were put in the custody OF the hhO III
who carried them TO thcir room and re-
turned them in mis- custody into count.
Fourth. That before delivering their YER
diet the jurors were policd as required hy
The amendments which the Attorney
General desires TO have made IN the re-
cord, it is claimed. are based on the per
sonal knowledge OF the judge and the
records OF the court as they now stand,
and that AN the orders which II Is sOubnt
Ot have entered TO amend the record IN
The particulars named were made during
the trial of the case. and that the clerk
was linen directed 20 enter them on the
order-hooks of the court but by mistale
failed 10 90 So
the term wherein any judicial act is done
the record remains in the breast OF the
Judges " the court and I'm their remem-
brance. and therefore the roll is aiteraplc
durlng tho t-rm as the Judges shan dl-
rect. but when the term is past, ihen
no alteration. aNcrmcnt. or PROOF 10 the
contrary. rhOs. Coke Lit. 52s, as
quoted I'm ] Rob. Pr odd Ed, ON. Bunt-
Ing vs. willis. - Graft, al pages loS-s
Winston vs Giles Ia, al page o54, ca
wo,d's case . Va Gases. 52l 5i5.
40 has been correctly observed that the
judge. curing tho term. is living RECORD,
and therefore during that period OF ume
he may alter and supply from his own
memory any order. Judgment, or decree
which has been pronounced; ana shis ot-
cause having made them himself ne Is
presumed 10 retain them IN MS iecoilec-
don But at common law, after the term
has elapsed. the judge has no Sucn power
because 10 is supposed there VIII be
period at which a judge Will cease 10 re
tain iu his memory The thlnss MIlVA
have been ordered and adJudStd, ana that
period. IL Is well conceived may De 'ne
end OF the term. "a he viii then be apl 10
dismiss from his thoughts the things
which have been previously passing IN
them. II les indeed very delicate power
ami might be subject 20 much abuse, es-
pecially i'm criminal cases. " the extent
10 which IL might be carried was not
well defined and properly checked 10y law;
Note 10 7 Arch Cr Pi ana ff., page "'-
Qomeroy's oth Ed
KEEPING OF RECORDS.
AT an early day in this state statutes
were enacted for the pcrpose OF COMPEL
Ing the courts TO keep their records ac-
ourately and 10 provide how records IN
certain cases might be amended The
statute now In force upon the subject Of
koepiug such recOr0s, provides that-
"The proceedings OF every court shall
be entered in "a book and read IN open
ro,,rf bv tho clerk thereof The proceed
inge Of each day shall be drawn uD at
iarge and read during that term. except
those of the .ast day OF the term, which
shsu be drawn up and read the same
dav After being corrected, where II Is
necessary the records shall De signed by
The presiding Judge Section Slli Code
OF lssi ,,.,. .,., q.
This statute and those which preceded II
unon the same subject were Intended TO
nrovide for keeping the records OF the |
nroceedinrs OF every court correctly by !
making IA tie duty of the clerk 10 enter |
tnem In book and TO read them IN |
omen court 10 the judge IN the presence OF |
inc bar so that any errors IN or omls- |
sionr from tlfm might lac corrected.
Ercognixins The fact. however. that not |
,vitheiandiug these wise and salutary |
provisions. that errors ana omissions |
might stil occur. other statutes were en- |
acted which authorized the courts after |
the end OF the term 10 make amendments |
and corrections lu certain cases. Section
Sil of the present Code. among other |
things provides that "the court Va which |
g. rendered "a Judgment or decree IN |
cause wherein there is in declaration |
or nfra.iue or ln the record or flf jnos- |
,nent or decree. any mistake. Wiscalcuia- |
ION on mlsrocital OF any name sum. /
quantity. or time. when the same is right !
g. onv mart OF the record or proceedings. |
- verdict rtggrf o. Il