Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-09-13

murder or MIS-. Lucy Jahe fo'ihtf ~
your petitioner, Mary Barnes, ana foNey
Barnes. and afterwards, during the triaI
nj Pokey Barnes, he swore that your
petitioner, Pokey Barnes ana MatS
Rarnes. had no connection with
~ murder. and that he was
assisted in It's preparation by
white man. Your petitioner AYERS
that no testimony was introduced
which was in any way calculated TO sup
mort or corroborate the evidence or the
said Solomon Marable, who, In the pres
ence of the Court. confessed not only mat
he was a murderer. but perJurer. Your
petitioner humbly represents unto your
Honor that under the constitution anu
laws of this Commonwealth she was en-
titled 10 a fair and impartial trial by
,,ry frea from exception and uninfiuenced
no ANYTHING or consideration except the
law II the land and the proved facts
wb,ch were adduced upon her trial. She
alleges that she did not have fair ana
Inpartial trial, and that the conditions
and environments under which she was
rIed we're such that II was impossible TO
,revent the Jury which tried her from
being influenced by the sentiment OF
many people who vtfe present upon Inc
occasion OF her triti. 1t is fact that
many OF the people OF the county OF
TIunanbtIrR
nunclation OF your petitioner, and the peo-
nile who were Jointly charged with her
~ having committed said murder, and
go threatening I'm their conduct towards
vour netitioner and them as 10 make IL
necessary for the Sheriff OF the county
in whose custody she was, TO take her
from the fail Of the county OF Lunen-
burg. stealthily In the nighttime, ana
convey her to the Jail OF the city OF Pc
tersburg. where she and they were con-
fined until the time arrived when 1t was
necessary to carry her before the County
Court Of Lunenburg to be tried.
THE PRESENCE OF TROOPS.
When II became necessary 10 convey
her and them from the jail OF the city
of Petersburg 10 said county or Lunen-
burg said Sheriff. the Commonwealth's
Attorney Of said county. and the Judge
OF the trial court Of said county applied
to the Governor Of the Commonwealth for
armed troops to guard and protect her
and them from mob violence at the hands
OF said citizens Of Lunenburg county.
Upon said application Of said Sheriff the
Governor Of the Commonwealth did fur
nish two companies os the volunteer mill
tia Of the Commonwealth 70 accompany,
guard. and protect petltionerand them
from said mob violence; and your petit
toner and they were under the guard
and protection of said military com
panies from the time they were con-
veyed TO said county until your peu-
TONER was tried. condemned and SEN
fenced to death. After your petitioner
and the people Jointly charged with her
in the murder Of said Mrs. Pollard, ana
the said Solomon Marable were SEN
fenced to be hung, II appears by the
hot he i,tIr Of
directed the Sheriff of said county OF
Lunenburg to convey your petitioner
and the said Solomon Marable, ana the
said Pokey Barnes, who was sentenced
10 be hung, to the Jail OF the city OF
Richmond for safe keeping; where they
are now confined under sentence or
death. 1t IS fact that your petitioner
and the said Pokey Barnes, and the said
Solomon Marable were conveyed from
the jail OF the said county OF Lunen-
burg TO the Jail of the said city or Rich-
mond under the guard and protection or
the said volunteer militia, reinforced by
another company OF volunteer militia or
the Commonwealth. which were sent 10
the county OF Lunenburg upon the appli-
cation Of Major J. III. Derbyshire, the
officer In command OF said troops, TO
the Governor because he feared MOB
violence from some OF the citizens or
said county Of Lunenburg upon your pc
titioner. and the said Solomon Marable.
and the said Pokey Barnes. AS proof
OF these allegations respecting the use
Of troops for the protection or your
petitioner from mob violence your pc
titioner here presents the application or
| said Sheriff for said troops, the order or
| the Governor OF the Commonwealth furn-
| ishIng said troops. and the report OF the
| said Major J. IL. Derbyshire. who COM
manded said troops
THE JURY INFLUENCED.
| Your petitioner represents that said
troops were present, guarding and pro-
tecting her. and the said Pokey Barnes
and Solomon Marable, and Mary Barnes
| during the whole period OF her trial
| and theirs: that they were present not
| only to guard them daily during their
trial. but that they were present upon
the court green and In the courtroom
| In which your petitioner was tried, from
the time she was arraigned until she
/ was finally sentenced to be hung. Your
petitioner humbly represents that II was
absolutely impossible for the Jury which
| tried her TO be uninfuenced under such
| circumstances and environments.
| Your petitioner humby represents that
many things occurred during her trial
which II Is not necessary TO state or
set out In detail In this petition. but she
| IL advised by her counsel that they will
be brought TO tn attention Of your
Honor when her -ase Is presented for
| your Honnr's consideration.
In tender consideration Of the premises,
OF you: petitioners humble. ignorant. I'M
!ettered. and helpless condition; in con-
siderai.oh Of the errors which appear
upon the face OF the record; In considera-
tion OF the fact thst your petitioner was
unrepresented. unadvised. and unaided
by counsel upon her trial; and. In con-
sideration OF the fact that said record
! shows that she did not have an impartial
trial by . fury free from exception. under
J due process Of law. she humbly prays
that your Honor will grant her . writ