Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-12-07

Judge TOOK these people OUT OF the Gus
tody Of his sheriff and jailer and put
them under the guard OF soldiers in
the temple of justice for their safe
keeping. 1t may be contended that the
orders OF the Governor are not ia the
record Yet it is fact that these peo-
pie were taken from the city Jail of the
city of Petersburg with soldiers in
front Of them, with soldiers behind
them, with soldiers on either side of
them.
1t is indeed a question whether such
3 trial can be allowed to stand when
troops tell the jury by their presence
that mob OF citizens are outside en-
deavoring to take the lives OF these
people.
HOW THE Law SHOULD BE LAID DowN.
believe sir, that the courts Of this
land should lay the law down that no
man should be tried in q court Of JUS
tice when volunteer militia is necessa-
ry to guard him and the court against
a lawless mob. lt is intended that
these people il they be guilty that
they be given fair and impartial trial.
IL they be guilty, they ought to die
But, guilty or innocent they are enti-
tied TO fair and impartial trial by
~ "a ~A@N@1 k~O1os
THE ATTORNEY GENERAL SPEAKS.
Attorney-G General Scott said:
May IL please the court / desire to
have q full argument of the case here.
and q fair aud impartial trial in the
| trial court. The case of Pokey Barnes
is before you. She stands here charged
| with having committed the crime de-
| liberately and with malice afore~
thought Look to this record. You
find that a jury properly convened
| founded an Indictment and she and
her associates were brought into court
1 and tried.
Read on page ls; you see that the
venire was called 10 try Pokey Barnes.
desire TO cali your Donors attention
TO the array OF matter which is as alb
solutely foreign to the record as Great
Britain is from the United States. ]
] contend that the only record and the
proper record is from page IA to page
II. We have military orders here
WHEN rHE CASE ENDED.
When the jury 70 turned its verdict
the case is ended. The first assign
ment of error is that they were tried
separately when they were Indie ed
jointly.
lie argued to show that the fact thai
it was done was an affirmative show.
ing that the motion fcr a separate
trial was made by the commonwealth
! contend, said he, that it was a mat
ter of form.
On error, No. 2, he said that his an
swer TO Error, No. i, would apply
He cited that which maintained hi
side OF the contention-Section 3I56
4 Tktc chnund hoe -
have been made before the swearin,
: of the jury.
> Assignment oierror was discuss
ed. He claimed that the trial cour
} had no need to grant q change of We
: nue.. The last order that was entere,
] on that famous Saturday was discuss
: ed
He said: How can the Suprem
} Court 60 outside Of the record 2 Out
D | side of the record you can't 60 out
t side of the record can't go. The pre-
S | sumption is that this record is abso
t lutely true.
2 The Attorney General confined him
D self strictly to q technical argument
e \ frankly admit. he added. that whe
the court takes these exceptions unde
advisement, they will see that the in
strIctions are laid down in accord
ance with the rulings of this coar
He read the instructions. ] say that
a trial court has power over its recorV
That when he finds out that his recor
: is imperfect, he has the power to pV
J | in the record what he sees fit in ord.
T that the truth may appear. He ca
1 correct the record and make it spes
y the truth. In what limits and at VIII
q timer
J. II they are amendments, correction
q at the term of the court in which ii
trial occurred. He can make the re
It ord show the truth. This is a gre
It case. This woman's life is at stake.
l. SOLDIERS AT THE TRIAL.
~ Something was said that this was
y mistrial, because soldiers were the
and that that fact should cause tt
" court to decide that this was a m
trial.
He claimed that the summoning
soldiers did not otinvalida the trial
the posse comitis was the arm of t
ne trial court, under command of t
ch ! sheriff 1t was the civil arm prote,
ne ing these people. On this record
ed ask that this court affirm the iudI
to ment of the trial court.
ch Judge Mann said: The way &
lot case presents itself to my mind is IL
the precedent is that they may dl
W into q record after a record has be
re made certain foreign facts.
tai They ask the commonwealth to p
Ve- tect them by legal points and Il
be break through all precedents. Is
is the first time that the military
ar- been called ? 1t is always subject
les the order of the sheriff
> IL. 4
ian ever tried without counsel It mi
all have been such in the county of
Out nenburg where there were very
ut lawyers and their time was taken
the The record does not show that a
les where IN the record, the prison
made an effort to get counsel.
re-
be DISCUSSING THE RECORD.
oes It is laid down that the record n
ept show the .essentiaIs. II tmnst show
accusation and the verdict Of the il
1t is not an essential that the rec
should show that the jury
pre- kept in the hands Of the sheriff
did ] your attention to the Jeter Phil
case
its He discussed the presence of tro
arguing that the certified orders OF
laid Governor were not a part Of the
and | ord
we Said he: When Virginia in her
,urt erty sends troops to surround the
ers, oners and protect them, does it
aid show that she intended to do fairl
law. her citIzens?