Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1896-05-02

that he wished TO serve notice upon
the prosecution that he meant In the
future TO object 60 the irregular pro-
ceedings which had taken place-to
wit. the REORGANIZATION of witnesses
by the prosecution after their cross
examination by the defence Some
collOquy ensued over this remark be-
tween captain Wise and Judge Mann
and Mr.. SOuthall. Judge Crute said
he did not propose 70 shirk any re-
sponsibility and would deal with ques-
tions of this kind as they arose.
LULA KNIGHT on tax STAND.
The next witness was Lula knight
Abernathy, an intelligent looking |
young cOlOred Woman. Hen examina-
ton was opened by Mr.. Southall, who
asked her:
''Were you at Mary Abernathy's on
the day of the murder?"
Il was there on Friday"
"Do you know what time Mary Alb
erna by left the hOuse2"
Il do not, because L was asleep"
Ibid you see Nary Alternately "hen
she came back2'
SAW HER COME BACK FROM MR. POL
LARD's.
got there. She was about as far from
me as across this courtroom when /
| first saw her. She came up the path,
went out to where they were eating
dinner, and got chair, after which
she went round TO the corner OF the
house and sat down. Wilson Aber-
nathy then asked her to fix his sus-
penders, and she sent child in the
house TO get needle, thread and thin
BILE"
"what else did she say to her hus-
band2'
THAT MAN BY THE FENCE.
"She said that while she was up at
the house (Pollard's) she saw man
coming around the fence Wilson said
he reckoned it must have been one of
the saw-mill hands-Solomon Mara
Bile"
Mr.. Southall endeavOred in every
way possible to find out from the wit
ness something about the time OF day
when Nary came home, and the DIS
lance between her house and Mary
Abernathy's, but she seemed TO have
no idea whatever of time or distance.
THE WITNESS CAUTIONED.
After cautioning the witness not to
tell what Mary Abernathy's little child
had said until permission was given
her, MIR. Southall put the following
questions:
"You say when you first saw Aunt
Mary coming from Mr. Pollard she
was about as far from you as across
this courtroom. How far was she
from the child when the child made
the remark"
THE child was on a fence behind
the house. and Mary was in the yard
, far enough not to hear what she said
1t was as far as from me TO Mr. Glenn
ents (about 30 feet }
"How loud did the child speak?"
] The witness was unable to give any
J. idea of how loud the child spoke; so,
/ in order to settle the matter, Judge
Crute asked her:
, NOT CLOSE ENOUGH TO HEAR
b do you think Aunt Mary was close
= enough to hear what the child said2"
= 4 don't think she could have heard
4 it"
n THAT being the case" said Judge
Y Trute, 81 do not think the witness
+ should be allowed to tell what the
child said"
what was the condition OF Mary
Abernathy's clothes when you saw hel
e returning?" asked Mr.. Southall.
: LOOKED AS SHE ALWAYS DID.
n Aunt Mary looked to me like she al
e ways did. didn't see any change il
If her."
o "what was the condition of he
" clothes2" asked Mr. Southall again
s Just like they were when she wen
.e up there" ans " cred the witness.
It This concluded the examination O
Fl the witness by the prosecution, anC
d after she had told Captain Wise tina
l. she was not married to Mary Aberna
~ thy's son until after the trial at LII
l. nenbuTg Courthouse, she was told q
N stand aside.
TRIUMPH FOR THE DEFENCE.
The testimony of the witness was
distinct triumph for the defence, as
was generally supposed that she woul'
is testify of her own knowledge that Mar
TO Abernathy's clothes indicated that sh
A. had been in fight.
y Mr.. Pollard was then recalled to tn
or stand by the prosecution, and aske
n whether anything had occurred be
l. tween himself and Mary Aftermath
ct after she had gone through his wheat
rs lot. To this he replied in the negative
at "Was the way she went out that al
K ternoon the only way she could hav
r. gomez" asked Mr. SoHthall
mo, sir she could have gone dow
the path on the edge of the wheat-lo
is MEDICAL EXPERT.
to The next witness called was DR.. Pc
g. ter Winston, of Farmville, who wa
e, put on the stand as a medical expert
n He was asked how long it would tax
n for all the animal heat TO get out of
body on hot day such as the 14th {
g. June had been.
ne Several hours, certainly" reptile
la DR. Winston.
ar DIR. Winston went or 20 say that til
ny tire when "A CODY would take 70 Sc
ed cold would depend upon how niue
er blood was lost, and whether large N
IT. teries were severed.
be "What is the shortest time, Doctor
on asked Mr.. Southall, that animal hes
s. could get out of body in hot weatht
under the most favorable conditionsf
POSITIVE ABOUT THE TIME
he ''Not less than three hours"
nd DR. Winston, when asked whether
thought that the bruises were mao
e. before or after death, testified that,
tie his opinion, they were made before
* very soon after.
on Mrs Martha Thompson, Of LuneI
ed burg was called, and examined by M
ng Southall. She stated that she was
Mr.. Pollard's on the Sunday and MOI
~ day following the murder, and hear
ne Mary Alternately make a statemen
"She was under arrest" said the wi
ness MARY lived at my house f
three years, and that was why / wei
where she was. l said. MARY, VIII
to are you doing here?" She said, Mi
he Martha, save me. l was sick s
lid months at your house. and you save
my life She caught me around my ski
on said, What have you done for me
save your She said, Not guilty. Sc
lsy ONION did it. / said, Mary, the ge
zee tlemen have now gone to South 30
ton for Solomon. They have caug
The him, and will bring him here 81