Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-28

could get a fair trial and impartial lury
In the county Of Lunenburg. ana WI .n,ea
exception each Of his own witnesses fsa lid
that In his opinion an impartial jury cou'o
be Obtained in Iupenburg II taken from q, =
part Of the county different from that IN
which the murder had been committed.
CASE NOT MADE OUT.
The prisoner. although represented py
able counsel. utterly failed 10 make on.
a case for change or venue, totaily
failed TO support the affidavit by cyl
dence, but on the contrary, proved ny
her own witnesses that she could gst
fair trial and impartial jury In the county
OF Lunenbure. In overruling the mouon
for a change Of venue upon such state
OF facts the trial court simply foiioWeu
The rulings OF the highest court or tnls
State In more than one case. ana II ine
gentleman VINO wrote the communication
20 the Star IS the eminent lawyer that
paper says he is he ought 10 be aware Oh
the fact.
1 will here state that the 1uries In each
of these murder cases were selected %
me from an entirely different part OF tns
county of Lunenburg from that IN wnich
the murder was committed. rms ac-
counts for the ease with when the Julle,s
were obtained. / rtgidly quesuoned edcS
vanireman as to whether ne had formed
or expr,s sed an opinion in each case.
whether they had any prejudice Tor OF
against the accused, and whether tney
could give the accused fair and impair
from the jury In each case all who could
not answer these questions in such MN
ner as to show to the court that the.
would be perfectly Impartial Jurors. AZ
each step in the case informed the prs
oners Of their rights under the law. On
two occasions i adjourned my court "
enable the prisoners to sepd ior witnesses
In their behalf. sending to the county OF
Mecklenburg during the trial Tor "i ,,,lesI
for the defence AS they had no counsel,
aided thsm all ! could in examining tneT
witnesses for them, and did all In my pow
-er 10 secure them fair trial.
COMPOSED or GOOD MEN.
will add that the jury in each Of these
cases was composed Of az good men as
can be found in any county In the state
and each jury contained men OF color,
selected by the Court for their characters
and intelligence. Upon the jury that tried
Poky Barnes thsre were two colored m-n'
and upon The jury that tried Mary Aoer-
AN Eminent Lawyer" I'm the aforesaid
communication also uses this language.
"Out Of the first yenire in community
wild WITH excitement jury was OBJ
talned. Counsel who had been assigned to
defend tha two wOmen-POky Barnes anu
Mary Abernathy-retred from the case as
soon as the Judge refused to order the
change Of venue. because III knew that
there was TO be no trial there
In answer to this misstatement or facts
j have to state that 10 counsel was as
signed the prisoners, for the reason that
the Court was unable to get any lawyer
to defend them, although the Court re-
Quested the only two attorneys who were
present to do So bvt both declined. Ju1se
Perry. who made the application Tor
change OF venue, as already stated, de-
cllned TO appear further In the case be-
cause, as he stated in open court. the
prisoner failed to arrange the payment OF
his fee, and not as stated by AN EN-.
nent Lawyer" because he knew That
there was to be no trial there" As to me
''venire obtained I'm a community wiz
with excitement" l am afraid IAN Emil
nent Lawyer has allowed his own wild
excitement" TO color and distort his view
of these cases. ana If he IS indeed IAN
eminent lawyer" upon a calm review of
the facts in the case, Will. trust, reach
less preWdice1 and more dispassionate
view Of the Court and much-abused Ju-
SENT FOR THE WITNESS.
To quote further from IAN Eminent Law
yer: "Why, Mr.. Editor. there IS not
reader OF your paper VINO doesn't know
that because Of the murlerous intent and
disposition OF the people Of that county,
the life Of no negro testifying In behalf
Of these women was entirely safe. All
was 50 demoraliZed that even the sister
Of one OF them fled the county rather than
risk her life by testifylng."
The fact Is, that tn sister alluded 10 Of
the prisoner Is q resident OF the county or
Meckenburg. and the statement Of IAN
Eminent Lawyer that she fled the c0un-
ty rather than risk her lie by testifying."
must have been made upon a mlsappre-
hens.On Of the fa0s. / will state further
that / had TO delay the trial Of POky
Barnes for nearly day In order TO send
the Sheriff 10 M-cklenburg. a distance OF
twenty-five miles to bring this witness in
order that she might testify in behalf of
her sister. This witness had already been
summoned. but stated 10 the Ollie that
tbs reason she did not attend In obedience
10 the summons was that she had given
bli tn TO a child three weeks before and
was unable 10 walk.
As to the statement OF IAN Eminent
Lawyer that because of the murderous
intent and disposition of the people OF
the county the lie Of no negro testifying
in behalf Of these women was entirely
safe"-me2ning the women convicted OF
Mrs. Pollards Tnurder--I answer the w
Just and baseless charge against the people
of this county, that IL Is sufficient TO say
that no negro who testified in behalf Of
these women convicted OF the murder Of
Mrs. Pollard has been IN any way mo-
Tested by the people Of Lunenburg.
GEORGE q. ORGAN,
Judge Of the County Court OF Lunenburg.