Richmond planet., 1895-12-14

0CCldIdbiOu OH MS lids.
I viii tell David Thompson from
the ga'lows that he killed Mrs. Pol
lard, made me assist him and forced
me to put it on the women They had
nothing to do with it." Moreover he
begged them to forgive him for the
wrong he had done them.
The employment of able lawyers,
he night in the courts. the attempts
OF the lynchers to secure their bodies
are too well known to need a further
reference here.
There are however many features
prese nted which never before have
been noted In connection with anv
other case.
Precedents have been established
new law points raised, and able at
torneys puzzled.
At one time Capt A. B Guigon
made motion in the Supreme Conrt
the like of which had never been heard
by that august tribunal before. and
may never be again. The mover OF
the motion himself said that he had
never before heard of it and that he
made it simply because he did not
know what else to do, and it seemed
to fit the case. The motion was suhse-
quently adopted.
The first remark able fact was that
the prisoners were tried without
counsel, they being unable to raise
more than 81 30 TO defray the ex-
pense of the same
The letter sent by Mary Abernathy
to her son, te ling of her troubles was
delayed. When he received il. he
hastened to LunenburR County. His
mother had been convicted. sentenced
TO death, and be saw her led awav he
tween files of soldiers.
She is the mother of fourteen chill
dren, nine of whom are liv ng.
P0key barnes has one child. Her
mother, Mary Barnes, has had fifteen
children. The reason these people
were not lynched at first was due to
the fact tina old man Pollard Was any
ious to find his money and presumed
they could tell him of it's wherea bouts.
Never in the history Of the state has
a case been carried up to the Supreme
Court of Appeals, where the accused
was not represented by counsel aud no
exceptions had been made. 1t was
contended that itcould not be done
but that theory has been exploded.
Writs of error were granted and the
cases have been argued, based wholly
and solely upon the errors in the rec
ord
Although the defenseless women
had no counsel, the commonwealth =
attorney was assisted by another law
yer. Mr.. Bernard.
Never in the history of the common
wealth has Governor ordered a ser
geant or jailer not to deliver prisoners
TO the sheriff who had charge Of them.
WET, Governor O'Ferrali was advis-
ed of the situation and determined at
the risk of straining legal points to
save human life.
Never has it been known for Judge
to issue a writ of habeas corpus, where
a person was confessedly in legal Gus
tody. Judge w clifford enunciated a
basic principle which had slept from
disuse that the purpose ofsuch a writ
is to save human life He saved il.
Never was it known for a Supreme
Court to lecture a Governor and give
gentle intimations to Circuit Judge
Never has il been known for a Su-
preme Court enlargen a writ OF err
ror, oust a county court, and take pos
session of the prisoners
Never has the question as TO the ju-
risdiction of a court over prisoners sen
fenced by it TO death been questioned.
Yet all of these things have been
done in this truly remarkable case and
the end is not yet
" z CftAC0 W cV-C tue pIlcOuCIc ara
BILE had not heard from his wife He
was as stoical as usual and as money
!. SIS.
Up stairs we greeted Mary Aberna-
thy and Pokey Barnes In reply TO
questions they said they had all they
wanted
Aunt" Nary wanted to know when
they would let them out and reitera-
ted her innocence
Her face beamed with smiles when
we handed her photographs of her son
Samuel, "Lor' there's my child!' she
exclaimed She carried them to other
prisoners. and was thankful when We
told her she could keep them.
One of the guard who accompanied
them up to Judge Wellford's court
said that it was an affecting scene as
they were returning to the jail.
Tears were streaming down Aunt
Mary Abernathy's face and she turned
to Marable and said: Solomon. /
wouldn't be walking down here if it
want for you II you had only told
the truth, at first You kDowed us wo
men knowed nothing about the killing
of Mrs Pollard "
1T was an affecting scene." said the
guard, ''I felt real sorry for Aunt
Mary