The times. [volume] (Richmond, Va.) 1890-1903, 1896-05-03
She Was a Very Effective Witness in
Her LWl Behalf.
IF An ACTRESS, ACONSUMMAqE One,
In a Clear, Ringing Voice She Told the
story Of that Fatal Day, and Clearly
Accounted for tAery Minup
OF tho Time.

Put ON tie stand in hcr own behalf by
tho defence this afternoon.
f,r voice rang clear and distinct
through tne room, and each ear was
strained TO catch ner every word as Ia
measured tones. never faltering nor uip-
ping. she accounted for her every move
mcnt on the 18th day OF June, 1870. from
the rising of the sun until the going down
thereof.
II size were acting a part the luminous
lI.hts oil the stage would do well TO learn
OI her.
ANA hcr evidence had its effect.
Many who believed her guilty now pro-
claim that she Is innocent. The ofhcers
OF The court declare that they have never
witnessed ID more impressive scene nor
heard more convincing testimony. Ihe
day all through has been good one for
The prisoner. and up TO this point nothing
conclusive has been adduced as TO her
guilt. It was expected this morning that
the prosecution would pursue further the
line of questioning begun yesterday, with
Magistrate j. j.. Eubank on the stand,
10 prove that the piece OF blue cloth
found by him on the back fence Of Fol
lard's yard was torn from Pokey's dress
Oh tthe evening of the murder as she
climbed over.
This was not allowed. however. and It
IS understood by the defence that the
prosecution has dropped the matter
ONLY ONE QUESTION.
Tho only question that the prosecution
has reserved the right 10 reopen Is con-
ceruiug the tracks alleged 10 have been
made by Pokey and Ellen Gale on the
evening of the murder in the lane back OF
Atr. Ponard's house.
IL is said that tho stick with which the
tracks were measured viii be introduced
before the close of the trial.
Mrs A. j.. Clements WAS the first wit
ness put ON the stand when court opened
this morning. She testified that She saw
Tokev Barnes while under arrest for the
murder of Mrs. Pollard, and heard her
say that she hoped solomon Marable
would Dee shot before be was brought
back. FOR there was no telling what kind
of tale Doe was going 10 tell or who he
would put in H.. Mrs. Clements said this
statement was made in her dining-room
on a Sunday.
TOLLARDS MONEY.
This concluded Mrs. Clements examina-
tion, and AIR. IL. A. White was put on
the stand lie was asked whether il was
known in the neighborhOOd that Mr.. Pol
lard kept money IN his house. He re-
piled that after the murder he had heard
10 said that 10 was caused by the iact
fhu Mr. Pollard mad been talking about
having money at his house.
The prosecution at this point rested its
case, rescrVing the right, however, with
the consent OF the defence, TO intro
duce a witness later IN regard to the
tracks found 10y Messrs. H. G Gregory
and W. W. Pettus in the lane leading to
the old gate-place.
The judge and counsel on either side
then repaired 10 a private room, and near
Is two hours was consumed In argument
as 20 what portions Of Major Derbyshire's
testimony should be admitted
MAJOR DERBYSHIRE.
When they returned TO the courtroom
Major Derbyshre was put on the stand
asf the first witness for the defence. lie
testified as follows:
o. Did you have a statement Of Ellen
Gale taken down at Lunenburg Court
house before she was examined here in
the Pokcy Barnes case?
A. I did.
@. Why di1 you have that statement
taken down.
The prosecution objected 20 the answer
90 this question, ana the jury was taken
out The answer was as follows: Il
went into Mr.. n. G. Fowlkes' store one
morning for a cigar. While in there he
said 70 me. Ellen Gal Is here. and If
she Is allowed TO make the same state
ment or tho witness stand that 1 under
stand sho will make, she Will prove an
alibi for Pokey Barnes. and she ought 10
be fixed j asked him where Ellen Gale
was
He came % the door with me and point
ed to woman sitting on the porch, and
said that was Ellen Gale l went TO the
woman and asked her if she was Ellen
Gale She said she was / asked her if
she was "a witness in the case OF Pokey
Rqruee She Tpuliot "NcS "
then asked her If she had any objec-
tion TO stating TO me exactly what she
knew about the case. She said she did
not. 1 then took her 10 a building ad-
joining Mr.. fOwlkes store, and asked her
to make the statement 20 Mr. Cardoza,
who vas sergeant in the Hospital Corps,
and / left them together. Some little
time after that Cardoza came 10 me.
said he had taken the statement and read
Il 20 me.
] then suggested that he see Pokey
Barnes. and get her statement without
letting her know that he had seen Ellen
Gale. to see how near their statements
would tally.
TWO STATEMENTS.
The two statements were so similar.
that ! DIDN'T see that there ,-as any
material difference between them. There
was nothing 10 attract my attention or
70 make me think that either was not
teitng the truth. 1 don't think 7 told any
cf the officials OF Lunenburg county about
this statement. L thought II was my
duty 20 take it.
The answer allowed by the Court was
as follows.
II had the statement taken down in
consequence OF Information received which
left upon my mind the impression tnat
the Interests OF justice demanded tnat
This Stement be taken down then and
there"
@. What was the information received,
aud from whom?
Ohiec ION was raised by the prosecution
10 this question and was sustained by
Judge Crutc. The defence noted an ex-
ception.
.. lhd you have "a statement made by
lokey Barnes token down a. the same
time bat not IN hien's presence ana
without the knowledge Of either that
the oshcr's statement was takenT
A Yes.
This question thereto was objected 10
by the Commonwealth. and the oDjec.
uon was sustained by ihe Court. Ine
defence again excepted.
Being cross examined the witness said
that while he did not inform the oai-
clais Of Lunenburg county. he talked very
freely with Judge organ ard Mr.. Neb-
lett. lie was certain he did not mention
10