Richmond planet., 1895-12-14
NEW TRIAL GRANTED
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STRANGE HAPPENINGS
New Phases rIet at Every
Step.
THE WONEA'$ LONDI-
TIO.V.
Amt Mary'S accusation.
Amt .Mary'S accusation.
A TOUCHING SCENE.
THE SUPREME COURT DECIDED
THURSDAY AFTERNOON TO
GRANT TEE LUNENBURG
PRISONERS A NEW
TRIAL.

The Court OF Appeals Thursday
handed down an opinion in the Lun-
enburg cases reversing the judgement
Of the trial court, setting aside the
verdict and awarding a new trial to
Pokey Barnes, Mary Abernathy and
Solomon Marable, who were convicted
of the murder of Mrs. Pollard.
The opinion was by Judge Buchanan
and the particular case sreated was
that of POkey Barnes. The first Ques-
tiOn disposed of was the motion of the
Attorney-General to have the decision
OF the case postponed until the ounty
Court should have amended the rec
ord This the Court of appeals over
rules on the ground that while the
Judge may amend the records during
the term, he may not, at common law,
do so after the term has elapsed. This
point is argued at length and many de-
cisions in point cited.
The next assignment of error tina
the jury which tried the accused was
not selected in the manner provided
by law the court soon brushes aside
as also the other assignments that the
accused were indicted Jointly and
tried separately that the court erred
IN not removing the case TO another
county and that the accused did not
have counsel. AS to the last conn
the court says that it is the constitu-
tional right of every person accused of
crime to have counsel; that il is the
duty of the court to ask some LAWYER
to act rs counsel for person arraign-
ed who is not able TO employ counsel
and that it is the duty of every LAWYER
TO respond to such an appeal. But the
record does not show that Pokey
a 10
did, unless it appeared that she was
denied that right, If would not he
ground for reversing judgment.
NEW TRIAL GRANTED.
But the last assignment of error saw
ed their necks. The court holds that
where the record is a capital case
shows that the jury were adjourned
from one day to another. It ouoht also
to show that upon such adiournment
they were committed to the custody
Of the proper officer with instrnctions
not TO speak to them himself, nor to
allow anyone else to speak to them
touching the trial of the case in which
they are engaged. AS. the record in
the case fails TO show this, new trial
is granted The same order is also en-
tered in the case of Mary Abernsshv
and Solomon Marable
JUDGE REILLY DIssENTs
Judge REILLY handed down an opin-
ion dissenting from opinion of the
court as to the last count. He saws in
substance that while it is necessary
that the Jury should be placed in the
custody of the proper officer. etc the
statement of the fact is not a necessa-
~ part OF the record TO sustain the
judgement. 1t should be presumed
he said, that the trial court prOceeded
in the usual way unless the Contrary
appears by the re cord or was made 50
to appear by some appropriate proceed
ing.
The Lunenburg Murder Case is one
OF the most remarkable in -she crimi.
nal annals of this country.
It has presented a new phase a
every step and a recital of its THRILLING
chapters sounds more like fiction thar
like reality.
Mrs. Lucy Jane Pollard (white) wa,
murdered on the afternoon of Friday
June IA, 1895, just six months ago to
day. About $3.50 were stolen from tn,
Pollard Mansion.
The murderer carefully concealed
the evidence of his crime
AS to the number concerned in th,
horrible butcher, time alone can tell.
Three innocent colored women wer,
convicted, two condemned to die an,
one incarcerated in the Virginia pen
itentiary for ten years. One colore,
man was sentenced to the same fate
he having confessed that he was pres
ent when the deed was committed.
Iii lsssaid however that he told fort
lies in connection with the affair. We
it was upon the testimony of this man
Solomon Marable, who was denomi
mated the "prince of liars" that tn
innocent women we're convicted oi
This was a remarkable fact.
Later Marable made a confessio
exonerating the women and implicat
ing David James Thompson, whit,
who is postmaster at FinnevwOod an
station agent of the Southern Raj
way.
This last statement, he has nC
changed and he reiterated it in h
confession to the priest, few days b'
fore his expected execution. BE no