The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-13

ords. therefore the only way the counsel
| could get at the facts was ~ securing
| af'idavits.
| Mr. Neblett then stated that he. and
| his associate. Mr.. Bernard. did apprlSe
| them OF their every legal right during
the prisoners trial, In Lunenburg.
| TIN PROFILE OF LuShSBuIG.
! Hpn. Henry W. Flournoy then opened
| the argument for an application Tor
The record shows the fact that there
| was such a condition Of affairs IN "
| nenburg as demanded the presence Oh VIZ
| military In orucr TO prevent mon llvin
| entering the temple OF justice ana ieail"s
| from these people their lives III ue"'"'o
| OF the laws.
| The record from the Governors office
ought as n matter OF law 10 be consiueitn
| as part OF the record OF the triai, p.-
| cause IL is intimately connected WIN II,
and all these things being facts FACTS i 10 say
/ that this case Is without precedent.
! This case is In a very small compass.
| Everything essential to be done IN
\ criminal trial must be aifrmauVely shV"n
1 by the record to have been done. ahu IL
| the record fails to record ANYTHING tnat
| was done, then we are entitled 10 n Writ
| Of error Judge Flournoy further stated
| that whilst the record shows that the
| prisoners were Jointly indicted, II does
| not show that they either elected 10 De
tried separately or that the .o i.,uS,,,
wcalth's attorney determined to try men, mem.
| nevertheless. the record SHOWS thdl 1"cF
were tried separately.
MsS FREK PROM INCEPTION.
"In the Mary Alternately case the record
shows that she was tried by jurors Se-
| ltCtcl from two ycnireS summoned 10
| try other people. but the law requires
that a yenre should have been sum
moned to try her.
.''The record must show that the men
| selected to Try a prisoner were men free
| from exception ard In these cases the
record does not show this. If prisoner
oil nd a
! when the record was not complete the
prisoner cannot be deprived of his lib
! crty. In all of these cases ana cs-
| pocially IN the case Of Pokey Barnes,
| The record shows that on the day that
| the jury was organized the evidence was
| partly heard, and that the jury was
| adjourned till Sic next morning, ana on
| that morning appeared In court but dOcs
not show that they were put In the hands
Of the sheriff, who was sworn 10 take
| charge Of them.
'In tho case OF Mary Alternately Il
! appears from the record that the jury
were adjourned several times without
| its appearing that they were put IN
| charge OF tl,c sheriff on no occasion
| docs the record show that the .uries we're
sent out IN charge Of sncrln, sworn
10 take charge OF them. but the record
shows that they were sent 10 their rooms,
| and the jury returned into court.
"The record should show aillrmatiVcly
| that they were put in charge OF the
| ebcriM whenever adjourned and when
| snnt n tbeir rooms to consider Of their
| verdict and # It does not show IL IL IS
fatally detective.
Tnr INSTRUCTIONS FAULTY
"The Court should have instructed that
| II there was "A reasonable doubt Whcther
| an alibi had been proven by the prisoners
| they should have given the beheut Oh 'iIe
| doubt 10 the prisoners. The jury were
| instructed that they might convict THESE
! poor creatures upon the unsupported
| evidence OF Solomon Marable. the wretch
who had committed the murder, ana
! capped IL with perjury, when Wsltu1~
| lions we're contrary 10 law.
Judge Flournoy closed his speech by
| saying: , -. 49,
uncorroboratel evidence OF solomon
! Narable the vile murderer, and ! ASK
I vour honor 10 ..4refuly consider all J
! have said and 81 the laws OF our lahu
/ be administered. regardless OF Color re,
! Justice be done, though the heavens ian.
Judge Mann then made speech %
| fortv-two minutes in which he SAID ne
/ would apologize for his appearance pc
! fore His Honor so unprepared. Never
! fheless he made strong speech III "c-
| half Of the Commonwealth.
| - writ to common suit is not part
| ~ the record Now. then. by what So
ten of reasoni-; DO the Gop nrGar i OF he
| County Court OF Lunenburg IN commit
ting the prisoner TO the custody OF the
military to be g-iarded by them. a part OF
! the record? ISn If that we're parl
| of the record II would operate In favor
! OF the administration OF justice.
THE vsNIRE FACIAs.
''Now. as to the writ of venire facias.
| the act of assembly OF 1894 contracts
every case since 1t was passed. me ODD
| lection here Is that the record does not
| show that thcre was a venire facias,
! that ii shows that there was a venire
! issued for the trial of these persons,
when II should show that venire was
/ issued for this trial for each one Ihe
| prisoners did not have counsel, because
they did not make the effort TO get coun-
| sci
mo judgment shall be reversed for the
| failure OF record TO show that there was
| a Ven.rc facias unless made a ground
of exceptions In the trial court before the
| jury was sworn. and this act SHAH apply
! 10 jurors and juries In all cases, ana
| civil. as well as criminal.
1.-THE above was quoted from the Acts
of Assembly 93-9i pas 49l, Section 1886.
Let these people go TO the Governor;
! the courts are not the place. II II be
| true that Indignation at great crane
has caused people to be convicted who
| should NOT have been convicted, and those
people are unable To show, according TO
the rules OF law. this fact; If they were
| ignorant. and failed TO prepare them
| selves according TO law for an appeal,
let these gentlemen take their afidavits
| 10 the Governor
OTHER SPEECHES.
Mr. r. G.. Southall then. In a short
| speech. stated the different points OF law
| sustaining the action OF the Lunenburg
| jury
Hon George u. Wise then closed the
| argument I'm favor Of the writ in very
| forcible and lengthy speech, in which
! ne stated that every man should nave
a fair and impartial trial and claim
! that these women have not had fair
! and impartial trial There are times
| when Judges should not ask for precedent
! There is but one side In this contro-
versy. and that is the side of humanity
| and justice"
| Nov, this COmmonN calth s attorney
| Nehl,t Il. and his associate, Mr.. Bernard,
| told this jury that If they convicted the
! womei Il would be on ne tcstim NY OF
! solomon Narablo,' who they ccemcd 'ihc
| primo Of liars.
Now. there was not particle OF tes-
| timony TO mpliclts these women save
/ the testimo"y of solomon Mdrahie, VINO
! stood mp before the Jury and toll thcm
that every word that fell from his per-
/ iured lips was a he.
THAT the jury must be keIS apart ana
no one allowed 10 speak to them IS
law OF utmost Importance, and the coun-
~ of Luncnburs has committed a grave
| and serious error.
The WRIT PfUssD.