The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-13

on the 3Dtf day OF Juif' 'o''' anu f'-S
for a writ OF error thereto ,.,
A transcript OF the record Is here"i1n
| filed and prayed to be considered A. part
OF this petition , ,,,a.o, AZ
Your petitioner was toinily hui..,t'u -
| the July term OF said court WIN ~
| Mary Alternately and one Mary barn.
| for the murder Of one Lucy Jane III.
| lard She was at said term OF 5aiu -
/ separately tried and cohNlct'u "a -
murder. and sentenced 10 be huns py w
| neck unu She be dead. on FRIDAY, the
10Th day Of september 1870. III VIII ~
I pear by an INSPECTION Of the rccoIuS t 'i"e
! the proceedings in this. as In INC cases
| OF Mary Alternately ana Mary p"i ~
| were very rrogularly conductor. IL. I"
| case where death Is prescribed as = ~.
| atty to be paid for the crime, IN tnc
event Of "A verdict Of guilty such hIes -.
larities ought 10 be condemnei nltI di, ga
greatest severity. Wien life is invoiNeG
the record must aiiirmaiively SNOW snae
| al the essential fOrmalites OF procure
wert compiled with, an the iakuIc 70
| do so constitutes error on the ldcc VI
the record. OF which advaniase mag
| taken on "A writ of error even thoiHh "
lection was not made by the acsus ~
/ the trial court" fSDurgeOn vs.. CoiiliIOH-
wealth. S6th Va. Rcports)
THR RECORD.
The record i'm this case shows that the
required formalities Of procedure WSly
not complied with. and being 'sseA,i''
| cisions, your petitioner can now take au-
/ vantage Of them. II was said by the
learned judge who delivered the opinion
/ of the Supreme Court OF the my.
J states In HOpt vs.. Utah, III L. -, ~
( that which the law makes essentai III
proceedings involving the deprivation OF
/ life or liberty cannot be dispensed Win
or affected by the consent oil the az
/ cused, much less By his mere iai4ule,
/ when on trial and IN custody, to OBJECT
/ TO unauthorized methods The necessity
/ for strict compliance with All essen 'ial
/ formalitles IN the procedure ShOulu ~
! held II is humby submitted more pliiu-
/ inc in this than I'm ordinary cases, Wnth
/ it Is remembered that the accused was
] an ignorant and unlettered cOloItd "O,
man, without the aid OF counsel anu
! the Commonwealth was represehlc1 Ds
! two gentlemen learned IN the law NJ nat
/ a farce il would be 10 say that she IN ncr
/ helplessness and her ignorance, lost h'I
rights by her failure 10 object 10 WI
! authorized methods when on tIial. ne
/ law Is sometimes severe, Dnt always "u-
name. and your peuuoheI Ngntu' e. aoo
/ express the nope that no virginia Ju|'
/ will ever hold that an untutored Moiiai
who stands charged with the aWlui crime
4 OF murder, and who had 70 lace lNv
/ prosecutors without the ana OF coHHS -
/ shall be deprived of her legal rights pe-
/ cause she failed 10 make oDJecLoh7 uui
/ ing the progress Of the irlal. J. ne ilsHN
/ OF every person accused OF CRIME 10
fair and impartial trial ana 10 go w
J puuishcd until formally convicted Ga ~
/ after making every defence TO when any
other person is entitled, 'is one OF lis
main pillars wherein rest cur llpti'y am
security in the pursuit OF happiness
| Since her trial and condemnation,
/ MANY people being Of the opinion
/ that she was not fairly tried &C
/ cordine to the laws of virginia, ana De
/ ncVng that NJ IsOn should Dc urea "Ii1
condemned 90 death without lht diu AZ !
Lou.
/ cd i'm her case and provided the ncrr7-
sary means 10 enable h"r 10 employ COIN
sci, and apply for the Wit Oi error isI'ln
/ prayed for Being Witnout counsel ~
! hcreinbeforc stated. and wholly Ignorant
] of the law she was unable u make mo
/ tiCns and take proper Diiis VI cAcep on
/ 10 many rUlncs Of the court Whlch sht
I is advised were erroneous ana HJHi HiNs
/ TO her rights. y motion Tor ne" UNA
/ was entered on the record, but this dc-
ton was taken by the trial Jrdse, EOt
uuon the motion Of your petitioner pul OF
/ his own motion. ami 10 was ll'iupts
/ oVerIUled DN him W nile ne lhousIlt
/ PROPER T. enter the sail motion ara 10
/ override the same. Dee did not deem il ne
cessary to grant her blll OF exc, 'iol
/ To his action in OVcrrunns 10, ana 10
/ certify the facts upon winch the Nti",et
/ AGAINST her was found by thc I-IS' ~
/ the failuVe of the said trisl judge 10 Hotc
! an exception to his ruling IN declining 10
| grant your petitioner new Ulti anu
! certify the facts as aforesaid she was
| left In the position she would maze ptcn
| if no such motion had been made, anu
! she derived no benefit thereirom. lheIr
/ are many errors upon the face Of sali
! record some of which your pc
! cannot nov avail herself OF under lhe
! technical rules Of law, which by reason O,
| her ignorance and the absence or cpiiis'i
| ~ ala and advise her In and about hcr
! defence. were not taken ddNanlasS OF az
! the proper time before said tr.al court
/ Put said record does show slch giailnS
| errors as oi title y0Ir petitioner 10 the
writ OF error which she prays loF'
THE FIRST EEB1B.
The first error assigned is that WINE
vol,r petitioner VAS jointly indicted ior
| 800 murder with one Mary Barnes and
one Mary Alternately. she was tllel Sept
! ratclv. without having elected 10 De -
| tried Or without having been seNsitu
/ from the said Mary Barnes anu Mary
! Abcrnathy. on n)ti9h 9i W. 49,, H.,
! for the commonwealth. The statute ic-
! oufres (see code of Virginia section
| t0g where several persons are 'inus
| charged and held 20 be urea TOT lyiom ~, .
! the clerk. by whom a Nehlle l"c'tS - a..
| ouire! 10 be issued, shall issue d VII ~
| a single Venire for the trial 81 All OF
| them. Section a02s Of said Co9e pro
! vidos "if Il person, indlclt1 Joihliy WIN
! others Of a felony, shall elect 10 be ~ ~
eenaratelv The VCnire summoned LOT tneH
,risi may be- usri for him who Is iilst
/ tri~d and the court shall award Nenlie
| facias for the trial Of the others, J'inuy
or l%' ' sepsrateiy. as they nay elect. 70 IT
petitioner having been jointly indicted
with Mary Rames and Many Alb 'r AIN,
! tie clerk was rccuir,d by the terms Oh
eart.sn 4N27 to issue a Venue iacldS LOT
| tbc trial of them all" Ia the case OF
your rctiti1nor the venire facias issu-
/ kv The clerk of the county OF Lunenhurs
was for the trial IF yOui pelitiohei aole'
I me- lanouape of Section 1929 seems IRE
/ sset.blv 10 give TO persons jointly IN
z7f, s.