Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-29
FOR 0RAN0THERCHANCE
The Question Of a New Trial Tor hary
Abefnathy.
THE ARGUMENT YESTERDAY
Judge Crute Takes the Matter Unner
Advisement--An Enort to Have the
Case of Polsey barnes Postponed
Failed.
Failed.

Especial From a stan correspondence
FARMVILLE, VA, April 2S.-Argument
was commenced this afternoon on lhe
motion OF counsel for the defence In the
case OF Mary Alternately TO set aside the
verdict rendered against her on yester-
day. as contrary 20 the law and the evil
dence. The morning hours of the court
were devoted 20 the consideration OF
some minor causes. A very small crowd
OF spectators was I'm attendance in the
afternoon. and but little interest was
manifested I'm the proceedings. II was
nearly 3 o'clock when Mr.. hlournoy, LOT
the defence. arose and cElmenced the
argument upon the motion for an arrest
OF Judgment and TO set aside the verdict
and allow a new trial. Mary Abernathy
occupied her accustomed place behind
her lawyers. and she looked very haggard
and care-worn, after having undergone
for the second time the awful ordeal OF
having a fury pronounce her to be guilty
of murder in the first degree.
MIR. FLOURNOY'S SPEECH.
In discussing the points fayorlng tne
nov referred I'm courteous manner to GER
tain parts of the argument Of Mr.. Mann,
Who closed for the prosecution. He said
Mr.. Mann had touched upon new points
I'm the final speech, which, in view OK
the fact that the prisoners counsel couia
not reply TO him, made this UNFAIR 10
the defendant. Mr.. F'lournoy also eritl-
cIsed Mr.. Mann for giving his own con-
victions 20 the Jury. instead OF confining
his discussion to the law and the evi-
dence In the case. Mr.. Flournoy salu
that these impressions or utterances
coming from Mr.. Mann would naturally
have undue effect upon the jury
The speaker also called the atten-
tion of the Court to certain testimony
which. he was OF opinion had been I'M
properly excluded by the Court.
Mr. Mann explained what he really said
before the Jury touching his conviction
as 10 Mary Abernathy's guilt and said
that the prosecution were willing to have
the motion for a new trial submitted
without argument from them
MIR. WISES ARGUMENT.
Mr.. Wise made a lengthy speech upon
the adnissibilty and inadmlssibility or
certain testimony. He contended earnestly
for new trial, arguing that the Court
had erred in striking out the testimony
of witnesses as to statements OF the
prisoner while I'm the Richmond jail. He
said that the Commonwealth had only
asked that the jury should be instructed
that IL could not consider this evidence
in determining the guilt or the innocence
of the prisoner at the bar. These were
declarations OF the innocence of Mary
Alternately, and were, IN this respect
ike every other statement uttered by her
llaF- -n q
connection with that crime was concerned.
Mr. Southall. for the prosecution, spoke
by,eev setting Captain Wise right as to
tho commemorative position concerning
the testimony Of Mr.. Gregory and officer
Weisiger as 10 what Mary Abernathy said
al the Richmond Jail
psr the question had been fuzzy dis
cussed and authorities cited by both
sides. Judge Crute took the motion OF
the defence under advisement. He VIII
nrobably announce his decision tomorrow
morning
CASE OF POKEY BARNES.
Al this point in the proceedings Mr..
Guigon, for the defence. submitted a mo-
ton 10 continue the case Of Pokey Barnes
until the next term Of the court. He
argued this proposition at length, taxing
the ground that the Court should allow a
the counsel for the women were over
worked and needed rest from the great
strain which they had just undergone;
second. that they were sacrificing their
other business interests: third. that the
verdict In the case OF Mary Abernathy
lust rendered would prejudice sentiment
in the community generally as TO the
guilt Of Pokey: and fourth. that the jury
summoned to try the case Of Pokey
Barnes were from the same section OF the
county from which came the jurors that
had lust passed upon the case Of Mary
Abernathy, and that there was an in
defnable something about the atmosphere
which would create the impression Of
guilt.
COMMONWEALTH OPPOSES.
The motion was opposed by both Mr..
Mann and Mr.. Southall. for the Common
wealth. Their position was that a great
deal of time had already been consumed
by these cases. and that there had been
pOstponements 10 suit the convenience OF
the defence, and that there should be no
further delay All the witnesses. they
held, were here. and were here at great
inconvenience and effort. Both sides
were as ready 10 proceed with the trlal
OF Pokey Barnes as they would ever be.
Judge Crute held that the Court could
not allow any further pOstponement, and
announced that he would 20 ahead with
the case of Pokey Barnes Thursday morn
ing, the jury having been summoned to
be present at 10 o'clock on that day.
Tomorrow will be devoted to- prepara-
tion and presentation Of the bills OF ex-
ception OF the defence in the case OF Mary
Alternately. There are four exceptions.