Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1896-05-09
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here in the Pokey Barnes case?
A / did
Q. Why did you have that state
ment taken down?
WANTED WITNESS FIXED.
The prosecution objected to the
answer to this question, and the Jury
was taken out. The answer was as fol-
lows: 4 went into Mr.. T. @. Fowlke's
store one morning for cigar While
in there he said to me, Ellen Gale is
here, and if she is allowed to make the
| that L understand she will make, she
will prove an alibi for Pokey Barnes
and she ought TO be fixed. asked him
him where Ellen Gale was.
He came to the door with me and
pointed TO a woman sitting on the
porch, and said that was Ellen Gale.
WHAT ELLEN SAID.
l went to the woman and asked her
il she was Ellen Gale. She said she
was. 1 asked her if she was witness
| in the case of Pokey Barnes. She re-
piled, "yes." l then asked her IL she
had any objection to stating to me ex-
actly what she knew about the case.
She said she did not. then took her
to a building adjoining Mr. Fowlke's
store, and asked her to make the same
statement to Mr.. Cardoza who was Ser
geant in the Hospital corps and 1 left
them together.
81 Mr.. CARDozA WROTE 1T DOWN
Some little time after that Cardoza
came to me, and said he had taken the
I statement and read it to me-
/ then suggested that he see Pokey
Barnes, and get her statement without
4 letting her know that he had seen Ellen
: Gale, to see how near their statements
would tally.
TWO STATEMENTS AGREE
. The two statements were so similar,
7, that / didn't see that there was any
u material difference between them.
There was nothing TO attract my
q attention or TO make me think that
e either was not telling the truth.
=, don't think 1 told any of the officials of
q Lunenburg county about this state
u ment. i thought il was nv duty 70
% take IL.
THE ANSWER WHICH WAS ALLOWED.
The answer allowed by the Court was
l. as follows:
n " / had the statement taken down in
e consequence of informatior received
d which left upon my mind the impress
Ie ion that the interest of Justice demand
a. ta6t this statement be taken down then
g and there. T"
Q. What was the information received
d and from whom?
,, Objection was raised by the prosecution
a. to this question and was sustained by
Y Judge Crute The defence noted an ex-
IN ception.
DJ HOW 1T WAS DONE.
~ Q. Did you have a statement made bv
Pokey Barnes taken down at the same
time, but not in Ellen's presence, and
without the knowledge of either that
~ the others statement was taken?
- A. Yes.
" " This question there to was objected to
= by the Commonwealth, and the objec-
u tion was sustained by the Court The
Vi defense again excepted.
.I aIs Being cross-eXamined the witnes ssaid
IN that while he did not inform the Off
:, cials of Lunenburg county, he talked
u very freely with Judge Orgain and Mr..
IN Neblett. He was certain he did not
'rs mention the matter to Mr.. Neblett
ch and was under the impression that he
did not say anything about it to Judge
Orgain.
MR.. oARDozA TEsTIFIEs.
lp- This concluded Mai Derbyshire' S ex-
IN animation, and Mr.. Hugh Cardoza, who
ge was sergeant OF the hospital corps at
hg Lunenburg Courthouse during the trial
ess of the women, was put on the stand.
me He testified that one day, while there
seo Major Derbyshire came to him at the
De vacant store that was used as an apoth.
Su- ecary shop, and brought Ellen Gale
with him, and told him to take down q
statement that she wanted to make
the HIS REcoLLEcTIoNs.
her The witness said he did this. n.
on then repeated the following as his rec
ur- objection of what she had told him:
ere Pokey said she came &c Mr.. Folkei
lett and brought the clothes, and come tC
nc our house about IL O'Clock and aske,
him for chicken, and told her I'd let he
':3O have the chicken if she would let M
have some meal to make some bread 70
her children.
l let her have the chicken, and toll,
o. her that if one of her elder children
that was at nome she could send for tn
her meal, but there wasn't anybody bu
ter the little ones at home, so I went my
< on self.
70 of rup ro.rvp.ssro
Jack
roml We went on to Mr.. Rutherford's, an
the the i O'Clock train passed while "
were there. Davy Williams and Chal
lie Bailey met u at Mr.. Folkes' an
come home with us and we went on q
I'd it the road
the AT the red gate Ben Knight told pn
:. ey he wanted to see where the me
ecu were going to work. We kept on u
open to Pokey's house, and she cooked Il
to Ius and asked me to eat, but I said
lien was not hungry, but had headach
II in She told me to eat few mouthfu
Sc. and maybe 'twould do me good, and
1 did. The men had gone to work.
hich WANTED HER TO TAKE WALK.
in While we were laying down Aul
trial, Betsy Ellis and Mary Craighead can
first in and sat down awhile. Aunt Bet
ourt said to Pokey Come and take q wal
ifed we are going to Mr.. ThOmpson's aft
, un- cherries"
Pol We went about three quarters Of
oped mile towards Mr.. Thompson's al
efore came back home This was about 70
rs no o'clock.
going lay down and went to sleep. Al
Mrs. didn't know where Pokey was Will
was was asleep. When / woke up it "
Sun about 30. When lay down it "
about 80 She was awake when ]
ex- down, and she was awake when I 9
was up.
THE GROSS EXAMINATION.
This was all the witness knew abe
nown the matter. He was then turned oV
'llard to the prosecution and cross-examin
,plied by Mr.. Southall. The latter asked h
Ird it among other questions, why he b
fact taken down the testimony so carele
about ly, the witness having admitted that
he was a newspaper man, he had tah
it in the shape of notes, which it mi,
have been impossible TO read aft
rest wards.
owev- The witness replied that he CO.
zee, TO have taken it down better if he
ara 10 known it would be used
: gre did you take it down for ful
lAhe asked Mr.. Southall.
II side CAPTAIN WISE SAYS WORD.