The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-25
CONTINUED from First Page)

Captain Cunningham went on 70 say
that he had called in Mr.. II. NJ. Smith.
Jr.. and Chief OF Police Howard. and
consulted with them about tho matter.
II don't care for that" said Captain
wiso "What was your answer"
1T was. I'm substance: Not knowing
plan. Won had better come yourself.
Can,sin Cunningham said that he
thought both the telegram and answer
was published in the Richmond papers,
hut without his sanction.
"Did YOU have an engagement 20 meet
Mr.. Gregory at the jail?'
mo. ar"
"Dld YOU know he was coming to Rich
mond?"
mo. sir"
Captain Cunningham testified that he
did you see Mr.. Gregory on the coca
sion OF his visit the day after he sent
the telegram from Sumter. S. c., but that
ne had met him by chance at the jail
on n previous occasion. That was he
thought not more than five days after
his return from the trial at Lunenburg
Courthouse. lie was positive that
Mr. Gregory had been to the Jail at two
district and separate times
In reply 10 a question from Mr.. Southall
Captain Cunningham said that he did
not see Mr.. Gregory conversinC with
his first visit.
MARABLE'S CAPTOR.
This concluded Captain Cunulngham's
examination, and Mr.. II. A. Phillips, OF
Chase city, one Of the party that can
tured Marable. was placed upon the
stand. He described the pursuit and
capture Of the negro at Five Forks on the
tuesday succeeding the murder.
inc next witnesses was Mr.. j. F. Eli
bank justice Of the peace Of Lunen-
burg county, who examined the women
ON Monday after the murder.
He testified that while the women were
under arrest he had issued strict orders
10 their guards not TO allow them TO
talk with any one.
This point was brought out by the de-
fence TO endeavOrf to discredit the testl.
mony of witness as 10 interviews al
legged 10 have been held with Mary Abor-
nathy.
Continuing Squire Eubank testified that
the statement made by Mary Alternately
when examined by him was substantially
the same as that made upon her trial at
Lunenburg Courthouse. Her testimony
IN this respect according 10 Mr.. Eubank
was similar TO that given by her on the
stand yesterday. except that she stated
yesterday that she LEFT Mr.. Pollard's
house on the evening OF the murder i'm
mediately after Mary Barnes did while
she said on her former trial that she
remained fifteen or twenty minutes.
THE MAN BEHIND THE FENCE.
on cross-examination Mr.. Eubank said
that when he first examined Mary All
ernathy on Monday afternoon succeeding
the murder she said nothing about see
ing man coming down the big road. but
that when recalled 20 the stand a little
later she had stated that she saw one.
Mr. Eubank said that he had examined
for himself. and found that Mary Aber-
nathy could have seen man at the
place she indicated, hut would have been
compelled 10 go 10 the end Of the porch
10 do so.
After the witness had explained by the
map Of tho place the location OF the
porch, Mr.. Pollard was recalled 10 the
stand and asked whether his wife had
sewed any buttons on his pants the even
ing OF the murder. He reolied:
FOUR GALLUS BUTTONS.
IL found my pants lying across a table
in the porch. with five buttons sewed on
the front part"
did any one but your wife know
where your money was|
NO. sir"
How many buttons were not sewei
on your pants?' asked Mr.. Southal
-Four gallus buttons" he answered
"Have you not been cautioned not to
keep so much money IN your house?'
asked Judge Mann.
Nobody knew had II. so they couldn't
caution me-" said Mr.. Pollard.
Mr.. Austin Clements was then recalled
by the defence. and testified that there
had been n general impression in Lunen-
burg that Mr.. Pollard kept money IN
his house; that he himself had borrowed
from him. and Knew whore he kept H.
Mr.. H. G. Gregory was recalled by the
prosecution, and testified that he had
visited the Richmond Jail on July 23d
with a young man named Wallace for
the purpose OF seeing Solomon Marabe
about a store that had been burned lie
did not remember seeing Pokey Barnes
on that occasion. but was willing 10
admit that it was true II Mr.. Epps said
SO.
Mr. Gregory was the last witness placed
upon the stand. At tho conclusion OF
his testimony counsel on either side an
nounced that all the testimony was In.
and court adjourned for an hour. while
Instructions TO the jury were being pre-
pared
THE ARGUMENT BEGINS.
After the instructions had been pre-
pared by both sides ami submitted TO the
fudge, argument began. and was partici-
pated in by Messrs. Wise. Mann. South
all. FlOurnOy. and Guigon.
The chief fight made by the defence was
on the admission OF an instruction Of
fered by the Commonwealth directing the
Jury not TO consider that portion OF the
testimony OF Mr.. II. Gregory. which EN-
braced the reply made by Mary Aber-
nathy I'm the Richmond Jail, when offered
TO endeavor 10 secure a Communication OF
her sentence II she would tell him where
Mr.. Pollard's money was.
The question was holly argued, Captain
Wise I'm his speech rejecting on Mr.. II. c.
Gregory very severely.
After the completion Of the discussion
over tho instructions, ii was decided TO
begin argument at $50, and tonight at
that hour the courthouse was densely
packed with eager listeners.
THE COURT INSTRUCTS THE JURY.
The Court then read the instructions
to the Jury as follows:
The Court instructs the jury
/. That every person charged with
crime is presumed to be innocent until
proven 70 be guilty, and that the burden
is upon the Commonwealth TO prove
every link in the chain OF evidence neces-
sary TO establish the guilt OF the accused,
10 a moral certainty and beyond all rea-
sonable doubt. II Is not sufficient TO es-
tablish a probability. though a strong
one arising from a preponderance OF evil
dence that the fact charged IS more like
ly 10 be true than the contrary. but evil
dence must establish the truth of every
essential fact 20 a moral certainty and
beyond all reasonable doubt-a certainty
that convinces the understanding and