Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-09-13
THE APPEAL DENIED.
judge Coleman Promptly Refuses TO Grant
the Women'S Petition.
THE NATTER QUICKLY DISPOSED OF.
Decision Of the Court Announced Upon
Conclusion Of the Argument.
NO REASON TO INTERFERE.
Nothing In the Papers to Warrant Up
setting the YerdictS.
TIE AFFIDAYITS RULED OUT.
TIE APPIDAYITS RULED OUT.
The CommonXealth'S Contention Of IRE
leYanCy Is Sustained.
new TO THE SUPREME COURT.
Only Eight Days In which to Have
the Matter Passed Upon-Confents
NJ she pnperx-Tilfs Between COun-
sel-Proceedings I'm Detail.
(spec,al STAN Correspondence)

Ter OF Mrs Lucy Jane Pollard 90 NOT
hang on the Goth of this month, II VIII
be because of interference, either by the
Supreme Court of Appeals or by the
Governor.
Judge Samuel F. Coleman. OF the Third
Judicial Circuit, before whom an appii-
cation for writ OF error was argued
here to-day, refused to grant the writ
md put an eTectual damper on the
hopes Of the condemned women.
The case will now go to the Supreme
Court Of Appeals. which is In session in
Staunton. The attorneys have. however.
but eight days left in which 10 file
their petition before the Supreme Court,
and 1t is their purpose to go within the
next two days.
Judge Coleman was prompt In renaer-
ing his decision refusing to grant the
writ. He held two sessions Of his court
in connection with the matter. and heard
long argument.
MIR. NEBLETT HAS ASSOCIATES.
As per arrangement made last night.
court convened at 10 o'clock this morn
ing for the reception of the petitions
monwealth's-Attorney Neblett, Of
Lunenburg. together with Sheriff Cardoza
and several of his deputies. arrived in
the early morning. and they were In at
tendance when Judge Coleman assembled
the bench. Captain Wise. Judge Flour
noy. and Mr.. Guigon occupied seats at
the bar and were almost hidden from
view by formidable stack of law-books,
which they had brought with them. The
Judge had read their petitions early In
the morning. Mr.. Neblett, much TO the
surprise Of the attorneys for the women,
who had permitted him to appear in the
case simply as a matter of courtesy. had
employed Mr.. K. G. Southall. Common
wealth's Attorney Of Amelia, and Judge
William III. Mann. Of NOttoway, to assist
him in looking after the interests of the
State, and endeavoring 10 thwart OPP
posing counsel in their efforts TO obtain
a writ of error. and those gentlemen APP
peared with him.
OBJECTED TO THEIR APPEARANCE.
When the case was opened. Mr.. Southall
asked for a continuance until tomorrow
morning, giving as his reason for the re-
quest the fact that neither he nor Judge
Mann had had q chance TO read over the
record or glance at authorities.
Captain Wise replied with much We
hemence, and said he was somewhat
astounded when Mr.. Southall announced
that he and Judge Mann were associate
counsel why" said he, after paying
compliments 10 both gentlemen. Judge
Mann and Mr.. Southall have no right
here, and. for that matter neither mas
the Commemorative Attorney of Lunen-
burg" He then cited the fact that the
proceedings were purely eX parte. anu
that Mr.. Neblett was simply present by
courtesy He called attention to the fact
that Messrs. Neblett and Bernard prose-
cuted an ignorant woman. who had no
counsel and that then no continuance
was asked or given. Continuing, captain
Wise went at Mr.. Neblett with gloves on
and said he couldn't understand why the
Commonwealth Attorney was not pre-
pared. as he 1t was who had the making
OF the record which he now protested 10
be In ignorance OF.
Judge Mann admitted the justice OF
Captain Wise's statement with reference
II objections were raised TO his appearing
he would not and could not appear.
Mr.. Wise said ne did object inconti-
nently, and Judge Mann, therefore. grace
fully retired.
DECLINED TO CONTINUE.
Judge Flournoy said he had no objec-
ton 10 the two gentlemen appearing in
the case, but ~ did unite in the objection
10 a postponement, as but eight days in
tirvened before the day set for the exc
cution Of his clients.
Judge Coleman spent some little time
In elancing over the statutes. and adj
dressing counsel. said that so far as
he understood the law there was nc
statute in existence which prevented him
from granting Judge .iann and Mr.
Southall the right 10 appear. lie added
that I'm order TO get all the light he could
he would hear them also. He indicated
a desire 10 tudicially dispose OF the whole
matter at once. and II u writ was granted
to hear argument. and either grant or re-
fuse a new trial. he declined TO postpone
the hearing until tomorrow. in cOnse'
quence of the near approach Of the day
OF execution OF the prisoners. but said
he would allow the case TO 20 over until
another matter was disposed Of and
would 20 into the case this afternoon
-
his court and dispose Of the whole thing
to-day.
IL was after o'clock when the case
was finally taken up. and the question OF
the writ OF error was Immediately gone
into Captain Guigon addressed the
court, and In brief outlined the cases
the crime. the trials, and the subsequent
convictions being briefly reviewed. III
then read the three petitions praying FOL
writs Of error.
Tho Mary Alternately Petition.
The first petition read was that In be
half OF Mary Alternately. This pape
reads:
To the Hon. Samuel +. Coleman. Judge
OF the Third Judicial Circuit Of Virginia
Your petitioner. Mary Alternately. hum
by represents that she Is aggrieved by
the judgment OF the County Court OF
Lunenburg county. Va. in the case o.
the Commonwealth against herself enter
ed on the 18th day OF July. 1886, and pray,
for a writ OF error thereto. A transcript
OF the record is herewith fled. and prayel
TO be considered an part OF this petition.
Your petitioner was Jointly indicted a
the July term Of said court with on,
Mary Barnes and one Pokey Barnes 10
the murder OF one Lucy Jane Pollard
She was at said term OF said court sepa
rately tried and convicted OF said murder
and sentenced to DO hanged by the necl
until she be dead on Friday. the 10Th da,
Of September. 1895.
Your petitioner Is q poor. Ignorant. anc
Auusrate negro woman. AT the time she