The times. [volume] (Richmond, Va.) 1890-1903, 1896-05-03

cary shop, ard brought Ellen Gale WIN
him, and told him 10 take down a
statement that she wanted 20 make. The
witness said he did this. He then re-
peated rne following as his Tecoiiecu.h
OF what she had told him:
Pokoy said sMe come TO Mr.. Folkes
and brought the clothes and come 10 our
house about IL o'clock and asked for a
chicken, and / told her ia let her have
the chicken II she would let me have
some meal TO make some bread for her
children.
let her have the chicken, and told her
that if one Of her elder children was at
home she could send for the peal, but
there wasn't anybody but the little ones
at home so / went myself.
We went on TO Mr.. Rutherford's. and
the l O'Clock train passed while we were
there. DaVy Williams and Charlie Bailey
met US at Mr.. Foxes and come home
with us. and we went on up the road.
At the red gate Ben. Knight told Pokey
he wanted to see where the men were
going TO work We kept on up 10 Pokey' s
house, and she cooked for W and asked
me to eat. but / said ] was not hungry,
but had headache. She told me to eat
q few mOuthfulS, and maybe 'twOuld do
me good. and so l did. The men had
gone 10 work.
While we were laying down Aunt Betsy
Ellis and Mary Craighead came in and
sat down awhile Aunt Betsy said to
Pokey: Come and take a walk: we are
going TO Thompson's after cherries"
We went about three quarters of mile
toward Mr.. Thompson's, and came back
home This was about o'clock.
lay down and went 10 sleep. and
don't know where Pokey was while I was
asleep. When I woke II was about $50.
when I lay down it was about l:3O. She
waJ awake when l lay down. and she
was awake when got up.
ONLY TOOK NOTES.
This was all the witness knew about
the matter. lie was then turned over 10
the prosecution and cross examined by
Mr.. Southall. The latter asked him
among other questions. why he had raken
down the testimony so careessly, the wit
ness having admitted that as lie was n
newspaper man, he had taken II In the
shape of notes, which it might have been
impossible to read afterwards.
The witness replied that he could have
taken 1t down better II he had known
II would be used.
Did you take 1t down for fun asked
Mr. Southal
Captain Wise bere interposed and said
that as Mr.. Southall had asked the wit
ness why he had taken down the testi-
mony. he insisted that he Uhe witness)
should be allowed to explain. The jury
were sent from the room and the witness
replied to The interrogation why he
thought it had been taken down by say
ing:
In the first place, ] was obeying the
orders of Major Derbyshire, and in the
second. Major Derbyshire told me that
Mr. T. c. Fowlkes had said that Ellen
Gale could tell something that would
prove an albi for PoKey II she was
fixed"
SUSTAINED BY THE JUDGR
The judge decided that the witness
might be allowed 10 make the following
answer to this question:
Il took the statement down because
Major Derbyshire ordered me to, and be
cause of what he told me"
The jury was tnen brought back, and
after Mr.. Cardoza had made the answer
recorded above he was dismissed and
court adjourned until 3 o'clock
When court convened after dinner Mr.
Austin Clements was put on the stand by
the defence.
He testified that he had searched Pokey
Barnes house the day after the murder.
but had not found anything belonging to
MIR. Pollard.
Mr.. Clements then gave place TO Mr.
Hudson, who said he had arrested Ellen
Gale subsequent 60 the murder.
When asked whether Ellen Gale had
made any statement 10 him, he replied
that she had told him about her walking
out on the evening of the murder with
Pokey Barnes and the two other women
and then going with Pokey home.
Did she say she was with Pokey all
the evening after the / o'clock train ?'
asked Judge Flournoy.
Il think she did," replied the witness
Continuing. the witness said he thought
she had told him She waA with Pokey
Barnes until about o'clock in the even
ing.
BETSY ELLIS.
Betsy Ellis was put on the stand. and
described the movements Of herself, POkey
Barnes, Mary Craighead and Ellen Gale
on the evening of the murder. She said
that when Pokey and Ellen LETT them
Just before getting 70 Mr.. Thompson's
she thought they went on back home the
same way they came, but IT was in the
pines and they soon got out Of sight.
She further testified that it was Ellen who
had said to Pokey when they got in sight
of Thompson's, Il don't keer bout goin
to de house"
The witness said that she thought Pokey
MOllQ nave gone tl ~ Ahf HuANt Will
them but for Ellen. and added that she
was very much afraid they were gong
all the way, and that Mr. Thompson
would not give such Il large crowd any
cherries.
Betsy then described how they had come
back from Thompson's house and gone
by Polley's house, and Ellen and POkey
had walked out with them again.
The witness said she had walked with
Ellen Gale and Mary Craighcad TO Luncn-
burg Courthouse. and that Ellen had told
her that she and Pokey were together on
the day of the murder from u o'clock un-
Ill Mr.. Pollard gave the alarm.
Ellen declared. said the witness, that
both she and Pokey were innocent OF
the murder Of Mrs. Pollard.
The witness then lett the stand aud
Mary Craighead. her daughter was
called. and corroborated the previous wit
ness in every particular using in many
Instances the same words.
rhe witness stuck 10 the statement
made by her mother tTat Ellen had de-
clared. on a walk to Lunenburg Court
house. that Pokey Barnes was innocent
as well as herself
TESTIMONY ADMITTED.
The witness was then discharged and
the prosecution having agreed TO admit
the testimony Of II. r. Clarke. H. y
Phillips. and Mary Wootten, given in
the Marabe trial. Captain Gugon read
the statement Of each one to the jury
lie also read the statement OF Mrs Pat
tie L. Brodbury. who was too sick TO be
al court The statement was 10 the
effect that pOkcv Barnes had baen an