Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-26
LUNENBURG MURDER.
NH. JUSTICE MOVING TO SECURE
THE WOMEN A NEW TRIAL.
An Interview With the Judge Who
Presided-The Military and the
Citizcns-Major Derbyshire and
sheriff Cardozn.


and Mary Abernathy. left this place with
your correspondent yesterday afternoon
for Lunenburg Courthouse. Mr.. Justis.
who. in common with many other Rich
mond people entertalns grave doubts OF
the guilt OF these women. came up to in
vestigate the records of their trial and
ascertain whether or not IL would be pos
sible to obtain a new trial for them. on
our arrival at the courthouse We found
the citizens greatly excited over the pub
llcations in the Richmond papers. which
seemed TO imply that the military had
been discourteously treated and the pris-
oners denied a fair and impartial hearing.
Your correspondent first had an inter-
view with Judge organ, who presided at
the trials of Marable and the women
Judge organ stated that he did ell
that he could to secure for the prisoners
every safeguard that the law throws
around them. He made strenuous EFFORTS
20 secure counsel 10 repr sent them and
took upon himself the task OF cross-eX-
aiming the witnesses for the defence IN
order that the jury might have all OF the
conflicting testimony fore them. In or
der that there might be no possible ques-
the jury, the jurors were summoned from
the extreme lower end Of the county, the
murder having occurred in the extreme
upper end. These Juries, composed Of
repres antative men. of worth and intes-
rity, were the personal selections Of the
Judge. and embraced among their num-
Der many Of the most intelligent negroes
Ia the county
THE INSTRUCTIONS
The instructions given by the Judge
were numerous, and embraced every point
arising in the trial. The juries in the
Women's eases were especially instructed
that while they might convict upon the
testimony OF an accomplish alone they
should weigh his testimony and act upon
IL with great caution. ana that they were
the sole judges of hi, credibllty.
In relation to Mary Abernathy's case,
Judge organ said that Il developed in
testimony that when she went home the
evening of the murder ON Of her little
children exclaimed. Ma, you look like
you have been fighting"
n VIII be remembered that Marable tes-
titled that Mary Ab,rnathy said at the
time OF the murder that she was the head
OF that money, and that she was going TO
take II down 10 Lunenburg, and az soon
as the excitement quoted down she would
divide It. on the Monday succeeding the
murder she left her home ana started in
the direction Of Lunenburg COurlh house.
and on the evening Of Tuesday she was
arrested at the hOuss Of Jesse Wren. who
has married daughter OF Wilson Aber-
nathy.
Judge organ also stated that there
were many other strong corroborating cir
cumstances not mentioned in the reports
OF these trials, all Of which he believed
exercised a potent influence upon the
Jures
MIR. Justis inquired Of Judge organ IL
IL was too late 10 make any motions in
these cases. 10 which the Judge replied
that the term Of his court had expired by
limitation. and that therefore no molten
could be entertained.
Judge organ. in common with all the
cltiz ms here. spoke In the most fatterng
terms Of the Richmond militia. commend
ing them highly for their sOldierly bearing
ana for the zeal and fidelity with which
they discharged their duty.
All OF the citizens here, however. are
both surprised and indignant at the state
ment attributed to the militia, that the
prisoners We're not accorded an impartial
trial. and that obstacles Were thrown in
the way OF the discharge of their Ohe
militarys) duty. They are especially in
dgnant that 1t should be reported that
Joe Barnes. the husband Of Mary Barnes
and the father Of Pokey Barnes. had to
leave for Richmond In order TO escape
harm at the hands OF the citizens here.
Joe Barnes IS regarded as a weak-minded
and in0ffensive old darby. VINO 'ither
knew Of nor participated In this crime,
and so far from intending him harm
many Of the best citizens expressed 10
him their sympathy in the great trouble
that had befallen him.
grJrsD TIsLr NADn(tUn ruATLyC
Your correspondent also had an inter
view with Sheriff Cardozo in relation 10
the clash between Major Derbyshire snd
himself.
The Sheriff expressed himself as highly
pleased with the bearing Of the Richmond
soldiery while here and said that he
had no cause Of complaint against any OF
them, except Major Derbyshire. He de-
MED that any of his constituents have
been alienated because he sent for the
militia. on the contrary. he said, many
Of those who were opposed 10 his sending
for troops have since expressed them
selves as being glad that they came.
In regard to the trouble between Major
Derbyshire and himself. he gave the fol-
lowing explanation: On Monday evening
Major Derbyshire went to Judge organ.
and without consulting the Sheriff pro-
cured an order allowing him 10 keep the
prisoners In the courthouse When Sheriff
Carf0zo met the Major the latter told
him that the prisoners were then In his
the Maior's) custody. ana that he Gar
dozo) would have nothing more TO do
with them.
Mr.. Clrdozo said that he thought he
was q. courteously treated. and that he
then wrote % Major Derbyshire. saying
that he wished 10 know who controlled
there, Major Derbyshire or himself. and
that as soon a. he found out he would
know how 10 act
Mr. Cardozo insisted that this was a
personal disagreement between Major Der
byshire and himself, and that 1t in no
way Influenced his conduct towards the
military. many OF whom expressed their
cordial appreciation Of his many cOurte-
sizes. and assured him that he had done
al that was possible 70 promote their
comfort and to relieve the hardshIps Of
their situation. Since the return OF the
tr0ops 10 Richmond Mr.. Cardozo received
from Captain Cunningham the following
letter. which fully explains the conduct OF
the sheriff:
RICHMOND, VA, July %. 1895.
Mr.. NJ. c. Cardozo, Sheriff OF Lunenburg
County, Va:
Dear Sir.-Allow me to. express to you
nv thanks for the many courtesies eX-
tended TO me during my stay in your
county. Your home vas delightful. and
| shall remember with much pleasure the
klndnesses shown me by you and your
family. Should occasion offer, / viii be
happy 10 reciprocate.
Very truly
FRANK W. CUNNINGHAM,
Captain - Company. First Regiment.
MR. JUSTIS'S WORK.