Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-09-14

ng have been held in Lunenburg Co
and in view of the excitement Occas-
toned by criticism of the people of that
/ say l have nothing to say
against the people themselves. They |
have no more to do with this than the
people of Rockingham, Halifax or any |
other county.
WHAT HE WOULD SHOW.
But 1 shall proceed to show your
Honor that some of the people of Lun-
enburg, how many do not know were |
in such a condition of mind and of feel |
ing, and 1 think that l can show by the |
record that such a thing existed in |
that county as TO make it necessary 70 |
carry the armed military OF this state |
TO remain around the precincts OF jus
tice to keep them from tearing away
the lives of these people.
l say that the record shows that fact.
There is an order IN thes court certify
ing the fact in the trial court where
these prisoners were taken out OF the
strong Jail, taken out of the hands of
the sheriff to be kept in the court
house during the trial.
CASE WITHOUT PRECEDENT.
That is in the record. Now, sir, this
case is without a precedent. In the
history of the commonwealth OF Nir-
GINA, her records do not show such a
case. 1t is unprecedented. Now, your
Honor is asked not TO consider athda-
Wits Not to consider evidences alum
de but starting with the order of the
court, turning these prisoners over to
the military. You have a link which
connects this case with the Governor,
who is commander of the army and
navy of this state.
That the record Of the orders of the
Chief Executive is a part OF the rec
ord i'm the trial of the Negro women, IS
| told in their abject ignorance and
helplessness
This case is in very small compass.
There are two propositions OF law
which have been determined. One is
that everything that is essential co Sc
curing a fair and impartial trial 10
connection with a crime which shall
take life or liberty shall appear upon
the record to have been done.
THE APPELLATE COURT CANNOT PRESUME
The appellate court cannot presume
that ANYTHING was done that does moi
lappear upon the record as having beer
ldone. He cited his authority Com. v:
Sturgeon. Grattan, So Va, Reports
, page $50. Case of Meyers, determined
! | September 10, 1894, % Vol. ). Re
, porter. page 152. Simmons VS. Com.
IS9 Va, page 156. He cited section
1914 of the code.
If this record shows that anything
+ which the law requires to be done wa
: not done, we are entitled TO writ o
error, supersedeas and a new trial.
: The record must show tina
4 they were tried separately or electe'
|, to be tried separately. See Section
4 1927 OF code.
He here answered an authority Q
: opposing counsel.
4 | nWhat sort of men are TO try per
: son for her life. They must be ire
: from exception. The record mus
: show it. 1t was substantial act {
Il the Judge who in selecting men mus
find those free from exception.
lANorHER FATAL DEFECT IN TUE REooRI
4 That the jury must be kept in til
- Hands of a sworn officer of the cour
has been passed upon over and owe
:. again. Cited Robinson Old Practic
. 3rd Volume, page 245-6, Sth Leigh "A
: Cited Archibold Criminal p. and PleaS
: ing 555. He argued that the cou
70 erred in its instructions TO the Jur
20 Cited authority after authority 20 ju
Re tify his statements.
20 Said he, 81 stand here betwes
= these poor helpless creatures and Il
IT galIows. If l do not discharge my d
vs ty with all of the power of my abili
and they meet death on the gallows
u will make me miserable until n
N death. / ask simply that / ask for ju
l. tice according to the laws of Nirgini
In the statement that these prisone
submit is the fact that they were co
Idemned upon the uncorroborated te
NV timony of Solomon Marable, who co
80 Ifesses his part of the murder. We Ii
in u land of preachers, where hous
% Iare designated to the worship of &c
- We live in a land where no man c
rt enjoy the rights of citizenship until
OH lputs bis hand on the word of God a
IA swears to support the laws of Il
- lcountry. We know that there is
growing and perplexing question
TN this country. 1t is the Negro questiC
al One way to settle it, the best and
81 right way TO settle it is for the VIII
people to do Justice to them ev
though the heavens fall. Standing
the temple of justice, do not fear
say that am in favor of the sal
40 rights and privileges before the law
is accol ded> the white man. There
- mot a white man in this county W
- would have convicted the women
en- the testimony adduced. Let just
70 be done though the heavens fall.
ms THE OTHER sIDE.