The times. [volume] (Richmond, Va.) 1890-1903, 1896-03-19

testimony" he said, "to be careful. Bet
ter that ninety and nine guilty men should
escape than that one innocent man should
suffer ! 30 uot mean TO sny that Mara
hle a. entirely inn cent There h no qucs-
fion obout tho fact4thai he had something
40 DO with 81. But solomon Alarahie IS
w.ak-mlnded mau. De- had very little mind.
he is entitled r., the presumption, which
tho evidence jrslhes, that ne was uoml-
naied by q stronger mlnu.
Mr. Franklin contended that there was
not a sciutiila of evidence 10 show thar
Niarable knew anything about Mr.. Pol
lard's money. or where ID was kept. II
was evident. he said. that whoever got
the money was perfectly familiar with
where tho KEYS 10 the old case were. Tor
nothing was broken. They were cunning
and designing liarlbie could not have
known. for Mr. Pollard said he had never
seen him in his life before the murder.
somebody else was I'm d.. gCntcmen.' he
said. emphaticaliy. and In my judgment
ore OF them is to-day in the pcntcntiary
Mary Abernaihy and Mary Barnes were
both there when Mr.. Pollard went 10 the
field Solomon Marable held this oil lady
by the hands ara the throat while these
women killed her and robbed the house.
Mhere Gld Mary Barnes 20 OF 90 from
the hJuseG Sho went 90 watch the ac-
ti0ns Of Mr. Pollard while his wife was
killed and his money stolen. Isn't that
the only reasonable view you can get from
80? All that you can get. gentlemen, from
the testimony OF Captain Cunningham and
Mr. Gregory s lfat this woman Ia the
pcnifenl1iy to-day serving a sentence OF
Ten years was pariicrps crimlnis 10 the
crime OF murder She was the originator
ana potter 0f the whole scheme.
WHO STRUCK MRS. POLLARD?
'AO one has testified here that Marable
struck Airs Pollard IL lick. It is stated
that he caught her By the hands and pos
sliy by tbe throat while these women
went Ga and robbed the house,
air. Franklin then went On 20 speak of
the testimony OF Captain Frank Cunning
ham. whom ne denominatrd as the "sil-
ver-tonged sOngster OF the city on the
James"
AN Captain Cunningham has got to do
in hlchmond.' he said. 'is 10 get up and
spin on song iu that plaintive voice
that only Doe Possesses 10 bring tears 70
the cheeks of more sensible mon than Sol
ONION Marable.
hero Dec was whispering I'm his ear I'm
thai piaintife voice that it would be bet
i'i iof im io make a. confession. How
i''t'a7lfo hii voice must have beer.
nov. gfntieme1. another thing Cant.
tunuinFham fail that Marable lmur,ssed
Hln - being very cunning man.
con know what Captain Cuuuinehan,'s
lnea of currirg is. II Judge Watkins and
myself commit a robbery and secure $50
aha give him $50 while I tsko So Is
that cunning II may he Cunningham.
but 10 Is not cunnifg"
Mr. Franklin went on 10 argue that the
whole trn~r Of Marable's actions after
tle murder o. Mr. Pollard showed that
De Was the very reverse Of cunning
This. said Mr. Franklin "ls one Of
the most remarkable cases In the criminal
jurisprudence OF Virginia. No oxccp-
lions were noted in tho trial. and afier II
WAS over distinguished lawyers Of the
city az Richmond went 70 tho Supreme
Court and secured 2 new trial on grounds
and under conditions never before seen
in the annals of the State
PLEA FOR THE SECOND DEGREE.
u don't contend for anything bur
verdict of murder in the second degree.
+ don't think ir would lo right for YOU
io DO anything olef. Judge Mann has
said t1at Dee does not know the difference
between male HId "a female wound.
10 there is arc 30 Inc '0n. I think The
e. l.i, upon -1r.. loll4u Wtle female