Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-03-20
THE CASES GO OVER.
Mary Abtrnathy and POkey Barnes MOI
to Be Tried Until April.
IMPORTANT WITNESSES ABSENT
The Defence Puts In This Plea, and
the Prosecution Agree to n Con-
tinuance-MnrabIe Says He VIII
Not Go on the stand Again.

along with Solomon Marable, with the
murder of Mrs. Lucy Jane Pollard, were
called in the Prince Edward County Court
this morning, and continued until April
10th. This postponement grew out Of the
absence of a number of important wit
nesses for the defence.
The determined declaration Of Solomon
Marable never again to testify as to the
Pollard killing has caused considerable
speculation as TO the result OF the cases
of the women. Solomon on Wednesday
morning. when urged by his counsel to
go upon the stand in his own behalf, de-
clared emphatically that he would not
do so, and that If he were to DO so, even
If he were to be hanged that night, he
would have to implicate the white man
who he had claimed ever since his first
trial, actually did the killing.
MANY LUNENBURGERS PRESENT.
When Judge Crute convened court at
10 O'Clock this morning. Mr.. Franklin, of
counsel for Solomon Marable. asked of
the Court that he be allowed to defer
the argument upon the motion for
new trial until after the women had been
tried. and this request was granted. The
weather was somewhat inclement and
this may have prevented many persons
who would have been on hand from being
present. The crowd of spectators In the
court-chamber was not as large as du-
ring the hearing of the Marabe case. A
number Of prominent Lunenburgers, how
ever, were in attendance, among them
being Messrs. T.. s. Pollard, husband of
the murdered woman; III. g. Gregory, the
star-witness in the Marabe trial; David
James Thompson; John a. Roach, a G.
foot-2 cOuntryman. with a big, gray
goatee, who is reported 10 be the most
powerful man In the county; Common
wealths-Attorney w. Il. Nebett and
many others.
Shortly after the convening Of court
the two women prisoners were sent for
by Judge Crute. and a few moments
later Mary Abernathy and Pokey Barnes.
with solemn expressions upon their coun-
tenances. entered the courtroom They
were clad in new dresses, and Pokey
presented a decidedly tidy appearance.
Mary Alternately had her three months.
old baby in her arms In the position
she occupied in the court-chamber Pokey
Barnes sat beside Mr. Pollard, and
neither manifested the slightest degree
OF nervousness because OF the presence
OF the other.
THE WITNESSES NECESSARY.
Hons. George ID. Wise and II. ". Flour
noy and Captain 4. B. Guigon. counsel
for the accused. and Commonwealth -
Attorney \. d. Watkins. Judge William
ii. Mann. and Messrs. r. G. SouthaH
and W. r.. Neblett, representing the
Commonwealth. were on hand promptly
EbnYff nfnFfncgfe 81. H.
witnesses summoned for the defence. and
about one half Of those summoned an
sWered TO their nance
Captain Wise stated that his side could
not 90 into these cases without the
presence OF several of those witnesses
who had not responded to their names.
Judge Crute asked whether counsel
wished 20 take up the cases jointly or Sc
parately.
Captain Guigon: We ask to try them
separately.
Mr.. Southall: We should prefer 10 take
up the case Of Mary Alternately first. We
have all of our Witnesses save one.
here, and we are ready 20 go ahead II
the Court will promise TO have this wit
ness during the trial.
Captain Wise: We find that half
dozen Of our witnesses are not here. and
We are not ready to proceed until we
have them actually in sight.
Mr. Southall here asked IL counsel for
the defence wanted the cases continued
until another term or were willing to
go into ii now, 20 which Captain Wise
explained that fully half a dozen OF his
witnesses. all OF whom were important
TO the defence. were absent. and two Of
them were sick. lie continued by saying
that some OF these people lived fifty
miles away from here. and that II would
take some time TO get them here. The
Court here asked counsel 10 make I'd a
list OF the witnesses they were anxious
TO have. and this was promptly done.
The defence handed in list OF eighteen,
and Captain Guigon stated that IN the
event OF the absence of a few Of those
witnesses they would be willing TO 20
into either of the eases, but II YOU'D be
absolutely necessary 10 have six or eight
OF them present. Counsel on both sides
agreed upon a pOstponement until the
the next term OF the court. Mr.. Southall
calling attention to the fact that the
present term Of the court would run out
on Monday. and that 70 would be al
most impossible to get through with more
than one OF the cases by that time.
THE CASES CONTINUED.
Judge Crute was in favor of sending
his Sheriff after the witnesses at once,
and going into the cases on Monday morn
ing. but. after some reflection. decided TO
continue them until the first day of the
April term OF the court, which COM
mences on the third Monday In next
month. The witnesses present were then
called up and recognized for their appear
ance at that time Judge Crute stated that
he would issue caDiases for the witnesses
desired, and would do all In his power
70 have them I'm court on April 20th The
excuse offered FOR some OF these absentees
was that they had been summoned By
the defence. but were poor and could
not afford 10 defray their own expenses
to Farmville. BY the plan adopted by
Judge Crute the State VIII have 10 bring
these witnesses. and, therefore pay their
way. All counsel in the cases returned
20 their homes this evening.
Captain Frank w. Cunningham. who
came 10 Farmville Tuesday. upon a sum-
mons from the defence In the case Of Solo
mon MaEable. was perplexed TO know why
he was wanted. Upon his arrival here
he asked Mr.. Courtney Franklin. OF
Marable's counsel why he had sent for
him. Mr.. Franklin replied that Captain
Cunningham was wanted TO testify that
he had taken a pistol away from Mr.. I.u-
cius Petit while the latter was attempt
ing to shoot Marable during the progress
OF the Lunenburg trial The Richmond
Collector promptly asserted that nothing
OF the sort occurred. Marbles counsel
then stated that the prisoner had told
him that this was a fact. Captain Cun-
nlngham was afterward summoned by
and went upon the stand for the prose-
cution.
II IS claimed that II will not be possible
10 get testimony as to Marable's confess
sion before the jury In the cases Of the