Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-07-27


enough of instinct of Justice to pre-
vent MIN from bringing guilt upon an
innocent head.
The jurors are the sole judges 10 de-
termine the value of Marable's testi-
mony sworn only true deliverance to
make between the commonwealth and |
the accused
ASKED FOR THE DEATH PENALTY.
1t may be an unpleasant duty gentle |
men. There are many unpleasant |
duties in this life to perform, but this !
il an important duty, and cannot be |
evaded You can find the prisoner
guilty of murder in the second degree
or even lower, but claim that the |
prisoner is guilty of murder in the
first degree or not guilty at all.
want you To decide according TO the
law, and having perfect confidence in |
your Judgment. and believing you will |
do your duty, entrust the verdict to
your care.
THE JURY UNABLE TO AGREE
The jury were sent to their room,
but as late as | O'Clock couldn't agree
on Il verdict
Another jury we're empanneled, and
Mary Barnes arraigned before court
last night at 9 o'clock, charged with
being an accessory before the fact. in
the murder of Mrs. + ) Pollard. Mr..
Pollard was the first witness and stat
ed that he came to the house at noon,
found Mary Barnes working in the gar
den, and after dinner sent her to the
spring, then instructed her to bring in
some stove wood for his wife, and
come on to the field. where he was go
ing TO work. ''I got to the field about
ten or fifteen minutes ahead of her.
Mr.. PoLLARD's TESTIMONY.
This was between and O'Clock.
When the sun was about one and one
half hours high, went back TO the
house, measured three barrels of corn
for Mr. Clements, then went around TO
the back yard, and found my wife ly-
ing on the ground dead. ] ran to her
and rang the bell. Mary Barnes was
I'm my employment three days.
She never had access to my rooms,
though she had the privilege to go
through the house at all times. Don't
believe she knew where / kept my
money, as neither / nor nay wife went
Co the desk in her presence.
When asked by the Commonwealth
Alton Y il Mary Barnes knew where
the ke, were kept, the witness replied
that neither ne nor his wife ever got
any keys for that money desk in the
prisoners presence.
SHE PROVES AN ALIRI.
He stated that Mary Barnes couldn't
have gotten into the house while he
was at the corn crib, and was the first
to come when the alarm WIS sounded.
Court adjourned at IL 80 p. m, and
the case of Mary Barnes was resumed
this morning at 8 O'Clock. Solomon
Marable was placed on the stand, and
made about the same statement as in
the cases OF Mary Alternately and
Pnkey Barnes, adding:
MARABLE's TESTIMONY AGAIN.
"On Friday fo' de de murder
| Aunt Mary Barnes came 10 me
/ at Mr. Pettus' at de well, an toll
me, 4 knows plan to git some money
and am goin' to git it.. or death. pse
| got two women sides myself. and if
| you go wild us we can git it. Mrs. Pol
| lard don't know you, but she knows
Aunt Mary Alternately, Pokey Barnes
and myself. and il Mrs. Pollard shows
any signs of knowing us when she come
out, we are going to kill her. Then
Mary Barnes told me on the day before
the murder, out in the field. that she
was going to git de key and glib it tC
Mary Alternately, and she would git dc
money.
THE JUDGE WARNS THE JURY.
His Honor notified the jury that Sol
omon Marable had made various anG
different statements before the differ
ent juries.
Mr. III g. Gregory gave statemen
OF the pOst-mortem examination O
Mrs. Pollard, and DIR. Crouch said tina
the bruises and cuts on the head mus
have been made before death. Tn,
following witnesses for the defens
were introduced:
Mr.. Watson stated that Mary BGrne
was working at Mr.. Pettit's, at Finney
: wood on Friday, one week before tn
not say whether Solomon Marable an,
Mary Barnes were together or not
Several other witnesses were placed o
: | the stand.
MARY BARNES IN HER OWN BEHALF.
The prisoner then testified in he
3 / own behalf, refuting the whole of Sol
1 omon's testimony, and stating that sh
: knew nothing of the murder of Mrs
: Pollard stating fully every word ths
passed between her and Pokey and r
e len Gayle just before the alarm give
t by Mr.. Pollard of his wife's death.
q THE DEATH PENALTY.
At 12:45 the jury in Pokey Barne
= case brought in verdict of murder
the first degree. The prisoner aske
| for a new trial. His Honor said b
would take it under consideration
Court adjourned at-12 AS and it W,
: 4:30 before court resumed the trial
~ the case of Mary Barnes. The su
p pense was caused by the illness of OF
- of the Jurors. The case was continue
= by the examination of witnesses f
= the defence.
n CORROBORATIvE TESTIMONY.
n Mary Abernathy testified that Ma
Barnes never mentioned any thing
~ her about killing and rObbing Mrs. p
: lard. POkeY Barnes testimony CO
roborated that of Mary Abernathy.
Mr.. Pollard was again placed on e
stand, and stated that Mary Barn
- could not have seen Solomon MaraE
a. a. on Thursday before the murder at
"a = time Solomon stated he did, becau
Mary was working with him (Pollar
that day.
Mr.. J. w. OVERLY one Of the gra
Jurors who found the bill of indictme
ot against Mary Barnes) was placed
ng | the stand, and stated that there wa
ny great deal of discrepancy in SolOm
10 Marable's testimony before that boo
US Joe Rarnes husband of the prison
as testified that Mary was at Chase @
or on Friday. the daV Solomon stated Il