Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-12-25
MARY BARNES FREE.
SHE WILL LEAVE THE PENIIEN-
TiARY EARLY THIS MORNING.
GOVERNOR IN A PARDONIEG AUAOR.
tie Extends CIemcncy 10 Hair
Dozen Unfortunates-One Man VINO
Was serving a Life Sentence
Liberated.
Liberated.

ago TO serve ten years for completely
n the murder Of Mrs. Lucy Jane Pollard
,f Lunenburg. is a free woman. She was
D. rdoned yesterday by Governor O'Fer-
rail-. but decided to remain In the prison
until this morning, when John Mitchell,
the colorcd editor. who has worked In
defatigabiy In her behalf. viii meet her
st the prison doors and escort her 10
Manchester, where she will join her hus-
band. Joe Barnes.
Major Lynn presented Mary with her
pardon. and the old negro. who has stead
tasty protested her innocence ever since
she has been in the pententilry, wept
for Joy.
THE GOVERNORS REASONS.
The Governor endorsed the pardon as
follows:
This woman was tried and convicted
as an accessory before the fact 10 the
murder OF Mrs. Lucy Jane Pollard IN Luz
nenburg county. on the 18th day of june
1895. and was sentenced to term OF ten
years in the penitentiary, which she mas
been serving since the 22d day OF July, 1879.
Ii is conceded that the only testimony
against her was that Of one solomon Mara
BILE. who was convicted as the murderer
sentenced and executed.
She was first indicted with Marable ana
two other women MARY Alternately ana
pokey Barnesp for the murder. 1t was
discovered. however that she would be
able TO Prove an alibi by the testimony
os the husband OF Mrs Pollard. and TINS
Indictment was dismissed. and an ihuict-
ment as an accessory before the iact
found. on her trial. as well as on the
trials OF Mary Abernathy ana fokey
Barnes. Marable made several confiicuns
and contradictory statements. nnaAy stat
ing that mis- testimony first given imphca-
ting the three women was false; that
neither OF them had any connection with
the murder: that they were innocent Oh
participating. aiding, or abettins IN the
commission of the horrible crime, and 10
this last statement he adhered TO his
death on the scanold
THE OTHER WOMEN ESCAPED.
The other women MARY Alternately and
Pokey Barnes) were also convicted upon
the indictments against them, and. We're
sentenced to be hanged They as well as
the prisoner. applied ultimately to the Su-
preme Court Of Appeals for relief. owing
TO circumstances peculiar in ther
character but unnecessary TO mention,
the writ OF error awarded In the case OF
the prisoner was dismissed. New trials
were granted 10 the other women.
TN the second fflNi Ot MAI. -AfN. iithtaiN
there was conviction of murder In the
first degree. and she was again sentenced
70 be hanged. An APPEAL was taken to
n, Circuit Court and upon the hearing
that court held that the evidence did not
warrant the finding Of the jury, and ano-
Their trial was awarded. whereupon
nolle prosequi was entered and she was
discharged.
on the second trial of Pokey Barnes,
- irtff
duced. the attorneys FOR the Common
wealth. deem ns the evidence INSULT
Gent 10 convict. with the assent Of the
Court. entered a nolle p.osequi, and she
was discharged
In neither Of these last trials was Solo
man Maraole introduced though he had
been the most prominent witness IA the
trial OF Mary Barnes and the first trials
OF the other women his conflicting and
contradictory statements having render
ed him absolutely unworthy of belief
II will lie seer thar two of the women
inpl Gated by Marable in his first state
ment. but whom he declared to be inno-
cent in his subsequent and dying state
ments have been acquitted and dis
charged. yet the third. Mary Barnes.
against whom, in my opin on. there wa
the least evidence-ahsolutcly none. eX-
cept the first statement OF Marable-i5
still suffering Tie penalty Of her convic-
ton.
LIFE AND LIBERTY SACRED.
The life or liberty OF citizen. how
ever humble. is too sacred in the eyes OF
the law or of civilized man TO be taken
upon the testimony alone OF a self-con-
viciei perjurer and murderer one de-
clared to be so base and degraded as TO
exclude him as a witness IN subsequent
trials in court. Every mandate OF JUS
tice ari dictate Of conscience require that
the .. sOner be restored to her liberty.
She may be guilty but no jury OF honest
convictions and freedom OF judgment
would II Marable were still living, and
with the facts rected before them, con-
sider his evidence for a moment
The pardon is granted.
FIVE OTHERS ARE PARDONED.
Mary Barnes is not the only pr i5ner in
the penitentiary who was made happy
yesterday by the Governors action. lie
presented Christmas presents of freedom
TO five others. and one Of The QciDiette
was under a life-senterce.
Octava Hodges. q white girl. from
Franklin. who was sent up 10 serve sis
years for shooting and killing sewing
machine agent, and who has served iVo
years was liberated.
Oliver Craft (colored). who was sent
from Pittsylvania to serve eight years
was pardoned on account Of ~ health.
after having served only two years.
Nelson Mitchell (colored), of Amherst.
is the life prisoner who was freed. He
was convicted about seventeen years ago
OF murder in the first degree, ana sen
fenced to be hanged. Governor Holiday
committed this sentence to fe mpsison-
ment. and. the man being IN III health.
and having been a good prisoner, Gov-
ernor O'Ferrall pardoned him.
Charles Smith alias Charles Honesty.
OF Henrco. who was sent up about seven
years ago 10 serve five years for malicious
shooting. had already served eighteen
years I'm the prison, and five years was
therefore. added 10 his term. The low
ernor rardoned him because his punish
ment had been sufficient.
James Cooper Of Montgomery. who was
sent from that county to serve three
years for attempted malicious assault
TO serve three FEARS, would have been
free next May. but the Governor decided
because OF the fact that the pr .oner was
suffering from III health. 70 pa,lGa him
now.
The Governor sent the pardons out 10
the prison by Major Lynn. and all the
pardoned ones. except Cooper and Craft
decided TO remain overnight at the peni-
Tertiary. and 10 leave for their homes to-
day.