Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-09-13


hastily In dealing with the convicted wo-
men, deep down In their hearts there
was n conviction that those women were
entity He yeptured the statement that
no body OF people ever rose In their might
and condemned any thing OF person uh-
legs that thing or person was wrong.
Judge Mann then paid a high comph-
ment TO the Richmond lawyers, after
which he went into an exhaustive argu-
ment OF the question at issue--the grant
ing Of a writ OF error-and DISCUSSED III
In It's every phase. lie first took the
sending OF the military TO Lunenburg,
and after giving II as his opinion that
their presence di1 not affect the verdicts,
he said that they were put there 10 up
hold the law. and see that the prisoners
were given a fair trial. Their presence
there was not a part OF the record, he
asserted. and. therefore. was not admis-
sible. Referring to the first and second
objections OF the defence. az set forth
In their petition, which relates 10 the
summoning and empanelling OF turles,
the Speaker read from the Acts OF 1924
10 show that unless objection 10 the
fury and the manner OF their empan-
cling were made I'm the court and
made n part OF the record they could not
be considered. He then. in a real burst
OF enthusiasm. gave voice to his regret
that the women were without counsel in
the trial before the lower court. but as
serted that that made no difference, so
far as the merits OF the case were con-
crned, and should not be considered.
THIS NOT THE PLACE.
Recurring to the assertion that the
jury was not sworn, Judge Mann quoted
from Sth Leigh. page rs, to show
that Il was not always essential that this
should be done. lie then spoke of the
merits of the case, and asserted that the
Circuit Court was not the place for a.
There WIS no case TO be made out before
the Circuit Judge, but there was a place
where plea for mercy might be made.
He alluded 10 the Governor and suy-
gested that II the statements made by
the defence were true there could be no
doubt that he would interfere IN their be-
half.
The next attorney 20 address the court
was Mr.. r. G. Southall. who confined him
self strictly 10 the record and to
answering points made by the defence
with that as a basis He first took the
contention that the jury was improperly
empanelied. and. after arguing II at
some length. sgid that the Court In is
suing two venires acted perfectly right
exception taken to the record by the de-
fence was taken mp and answered.
CAPTAIN WISE'S EARNEST PLEA.
Captain Wise closed the argument with
an eloquent appeal for a new trial for his
clients Every man, he said, was en-
titled 10 a fair trial. and then he asked
the question: Pave my clients been given
each an impartial trial. as was guaran-
teed them by the Constitution of their
State when the court house in which
they were tried was surrounded by armed
men-was It ever the case in any civilized
State that women are sent 10 death when
men with bayonets and guns give orders
In the courtroom? ! thank God that there
Is one Judge In Virginia who has pro-
claimed aloud that he would not sit on
bench when military had to keep order
i'm his court, and so help me God" said
the speaker. turning and confronting Mr..
Nebett, II Will never prosecute case
In which bayonets play a conspicuous
part and the prisoners have TO be- sur
rounded by armed men" He expatiated
al some length on this phase OF the case,
aud said that the admission Of captain
OF one OF the military companies 20 the
sacred precincts Of the grand-jury-room,
wh,re the Commonwealth Attorney
postcrous actions he ever heard OF as
having occurred in Court Of Justice
ONLY MARABLE'S TESTIMONY
CAPTAIN Wise discussed the testimony
as adduced in the cases, and ass rted
positively that the only testimony which
tended 10 secure a conviction was that
given by Marable, who afterwards said
openly % the court that every word ne
uttered was a lie. The cx-Congressman
asserted that Mr.. Neblett has told the
fury that the only testimony before them
was that Of Solomon Msrsble. and he was
the prince Of liars" Mr.. Neblett cor
rected him Just mere, and attributed the
appellation applied 10 Marable 10 his as
sociate. Mr.. Bernard. SIR. Wise took up
the question OF the issuance OF but two
yenires for thu trials OF three prisoners,
and ookAsue with Judge Mann IN his
attack upon that exception. lie said that
white the amendment ala prohibit the
making OF exceptions. except in the re-
cord, it did not prohibit the court from
considering an irregu.arity which was
made patent to IT, After referring TO
and arguing at some length the failure
Of the record TO show that the jury, when
without the courtroom. was In the GUS
tody of n sworn officer. the speaker as
serted that the County Court had COM
mitted a grave error, and, as result,
unless a higher tribunal interfered. two
innocent women would be hanged. and
one be caused 10 anguish for ten long
years in a prison CELL and In an eloquent
uresentation he besought justice for his
clients and a decision in accordance with
the law. II were better. he said, that
the murderers Of Mrs. Pollard be allowed
TO 20 free in this world, whipped by their
own conscience, than that innocent wo-
men be hanged.
THE WRIT PROMPTLY DENIED.
II was not expected that decision
would be reached In the case until to-
morrow morning, but az soon IA Cap
tain Wise took his seat Judge Coleman
said: II had hoped that could find some
ground on which | could grant the writ,
and am sure that were to grant II
would satisfy the greater majority Of the
people, but | can't do so without uproot-
| ing the whole system OF criminal practice
In the State. Therefore, the writ is re-
| fused"
The decision was received without a
murmur by counsel for the defence
though II came as a great surprise and
shock to them. c. Il. Il.
FIFTY DOLLARS RECEIVED.
MIR. Frank Naiie Presents the $. T.