Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-27


prisoners, he asserted that he was aware
that there was no statute that compelled
a Judge to procure counsel for criminals,
though there was a statute which pro-
yided for securing counsel for paupers.
He argued that the prisoners did not
have fair trial, such as they were en-
titled to under the laws Of this Com
monwealth. The speaker stated that Mary
Barnes. Mary Abernathy. and Pokey
Barnes were Jointly indicted, and yet this
fact did not show upon the record. He
contended that the Supreme Court ought
TO consider that the prisoners were tried
without counsel, and. as the record shows,
not in the manner prescribed by law.
VIOLATED THE STATUTE.
The speaker held that statutes 4017,
which provides that where several per-
sens are Jointly charged and tried for
felony. a single venire facias shall issue
for all of them, and 1929. which provides
that IL a person indicted Jointly With
others for a felony elect to be tried sepa-
rately the original venire shall be used
for him. and another venire shall be
awarded for the trial OF the Others, had
been violated.
There was undue haste. not to say
carelessness and negligence, In the court
which tried these prisoners SAID be'
"and this failure TO comply with the Two
statutes is certainly in evidence to bear
on. this statement The records do not
show that jury was selected nom men
free from exception, as the statute re-
auires. In capital cases the -ecord r1ust
show positively. distinctly, and net pre-
sumptively, that everything that Should
be done was done In the Trial OF the
priscLers Now, Is It not essential In ire
trial OF a person charged with neinous
offence, that the Jury who tries hin. shall
be kept seuuestrated from eyery))tJ? 1t
does not show on the reco d in ifese
cases thar this was done. The Common
wealth will try to show mat X Il to lie
presumed that the jury were in the Gus
tody OF the Sheriff, because The record
shows that they were brodsht into court
by the Sheriff. 1t does not say ttG. tEey
were kept by the Sheriff. Now the court
of last resort does not presutne that Tic
tsIal-court does everything Il should. IL
presumes that 1t has done everything
IL says IL has done In Is rscocd. but
nothing more.
PRESENCE OF THE MILITARY.
"Tbere is another thing l wish to cali
attention to. These prisoners we're pisd
in a courthouse surrounded ny armed
men, and q platoon n ~cidi9,ss VIII pins-
kets on their shoulders. w'-c within TIE
court house during the whole triai. tney
being deemed necessary by ~, Judge
for the safe-keepIng OF the prisoners
The record also shows that tiie prisoners
were taken out of the custody of The
Sheriff by the Court, and turned over
to the military"
Judge FIournoy then read the 05er
from Judge Organ to MAJOR
Derbyshire, instructing him TO remove ce
prisoners during the nighttime from the
iail to the courthouse for saff-xtep-
ing, and he at some length argued ftst
trial in which soldiers parItioa:ed as
guardians could not be iairly gone
through with. He expressed the belief
that a law should be enacted prohibiting
the trial of any person for felony In &
court where II was necessdry Tor soiiiets
10 protect them from m)o.
"Now," concluded Judge FlonTnoy, the
pecpie who killed that cd woman ought
10 die. whoever they are, but l contend
that they are entitled to fai' and I'M
partial trial"
THE ATTORNEY-GENERAL.
Attorney General Scott followed Jucge
Fla ,inoy. He reviewed the case briefly,
- Bat tsn mrs A