Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-26

EhN' OlhNO1 > FINE SIEECH.
Mr.. II. w. Flournoy followed Mr.. South
Gil, In lengthy and pathetic speech
OK two and half hours. After n few
appropriate Introductory remarks. Mr..
Flournoy took up the record In the case.
and warned the Jury that. I'm consider
Ing the facts. they must not be persuaded
into rendering a verdict Of guilty, unless
every material fact should be proved be-
y0nd reasonable doubt. He pointed
out how easy II might have been for an
innocent person to have been the last
seen one with one who was five min
utes afterwards ruthlessly murdered.
Mary Abernathys movements had been
explained fully, and her conduct was per-
fectly reasonable Mr.. Flournoy here
took up the testimony OF the witnesses.
He said Mr.. Gregory had given evidence
that his memory was at fault about two
things-his suggestion TO Mr.. Pollard 10
increase his reward for the capture OF
the murderer from 20 to 80 per cent, ana
In reference 10 his visits to the Richmond
Jail. He said that the visit TO the Rich
mond jail, when he came post-haste from
Sumter S. c., was the only visit he
ever made to these prisoners while they
were In that prison. Mr.. Gregory was
absolutely certain Of this. yet 1t had been
developed In other testimony that Mr..
Gregory had gone to that jail and seen
some Of those prisoners prior TO that
time. Mr.. Gregory out Of the great
abundance Of his caution, had not thought
70 do so much as to take q piece
Of paper out of his pocket and make
q. memorandum of what Mary Abernathy
said upon the several occasions he had
attempted to testify about Mr. Flour
noy said that, in all of his experience.
he had never known any man to show
so much interest In bringing the punish
ment Of death upon poor creature as
Mr.. Gregory had shown in this case. If
there was any one thing that he desired.
above every other thing on this earth. it
was TO see Mary Alternately dangling
upon a scaffold with a rope around her
neck.
SPLENDID POINT.
Mr.. F1ournoy made a splendid point
upon the frailty and uncertainty OF hu-
man memory. giving several illustrations,
in which the memory Of strong minded
men had proved deceptive and treacher-
Gus. lie would not impeach Mr.. Gre
gory's veracity. He would not accuse
a ''yaller" dog of sucking eggs. unless
he knew the canine was guilty. Mr..
Flournoy said that he would attack Mr..
Gregory's memory He argued that for
Mary Alternately to have committed the
crime imputed 10 her she would have
had TO possess the courage Of a Numidian
Hon, as she turned Immediately around
and with tenderness assisted I'm shrouding
the body of the victim. Mr.. Gregory
was a willing witness. He had testified
that he went. with some others, to
Mary Abernathys house TO search. He
carried Mary along. They found no.
thing. Mr.. Gregory said that he did
not expect TO find anything. Now. gem
tlemen OF the jury" said Mr.. Flournoy,
'1n the name OF God, II he didn't expect
to find anything there, what did he go
there for? Mr. Gregory may have been
honest in all that he testified to; don't
doubt It; but, gentlemen. you could see
the green Of prejudice mantling his coun-
tenance He may have been an honest
witness. but he was a pTejudced witness
No hungry hog ever wanted an ear Of
corn as bad as he wants the life Of this
poor prisoner at the bar"
Mr. Flournoy reviewed carefully the
testimony of several OF the other i'm
portant witnesses. When he reached
the evidence OF Mrs. Martha Thompson
those in the courtroom had great deal
Of fun at his expense. Gentlemen of the
Jury" he said, "I have stood under
bursting shell, and amid roaring cannon;
/ have stood before an army Of 5000 fash
ing sabres, but ia rather undergo that
ordeal again than examine that old
lady for fifteen minutes. Mr. Wise acted
very cowardly in that matter" said
Mr. Flournoy. jocularly. He saw the
flash I'm her eyes, and said, 'Flournoy,
you tackle the old LADY, and / tackled
her: and you. gentlemen, know with what
result"
Mr.. Flournoy closed I'm an earnest ap-
peal TO the jury 10 consider the testi-
mony carefully, and TO deal considerate-
ly with the life of the unfortunate pris-
oner at the bar At his conclusion
court took a recess for dinner
MIR. WISE WARM.
At 2l0 T. II. court reconvened, and
the argument was resumed. Mr. Wise
made one OF the most impassioned and
earnest speeches of all his professional
career He was warm from the start
and. after complimenting the Court, the
jury, and the counsel in the case. for the
manner in which their duties had so far
been discharged, he began a searching
review OF the testimony. The first point
he attempted 10 establish was that Mrs.
Pollard was murdered after o'clock, in
stead OF at or 4:3o. as had been claimed
by Messrs. Watkins and Southall, re-
spectively, for the Commonwealth. He
recounted from Mr. Pollard's own testi-
mony everything done by himself. his
wife, Mary Barnes, and Mary Abernathy,
Nfl 10 lIt ulilt lie ltll NiN NuuSt lOl MS
field. which. he said. was at 4:3O o'clock.
Mrs. Pollard. after that time. got her
husbands pants. ana sewed five buttons
on the front OF them: she also got out
the eggs and marked thirty Of them.
each one to bear the word fifteen" This.
Mr.. Wise claimed, would have con-
sumed fifty minutes Of Mr.. Pollards
time He also laid great stress upon
the fact. as shown by the evidence, that
Mrs Pollard was murdered on the side
OF the house toward the field In which
Mr. Pollard was working. Mary Aber-
nathy would never have led her around
on that side OF the house, where
there was a possibility OF detection by
Mr.. Pollard. Mr.. Wise also referred TO
the difference in the conduct OF Solomon
Marable. who fed and skunk from cabin
10 cabin. like a thief and a murderer.
from that of Mary Abernathy, who re-
rnajned upon the ground and bathed the
blood-stained body OF the victim OF that
crime. He incidentally referred to the
Jeter Phillips murder case
THE CLOSING SPEECH.
Mr.. Wise was followed by Mr.. Mann,
who began by saying that he was not In
the case 10 hang Mary Abernathy or any
one else but simply TO see that Justice
was executed, and that al the light and
facts should be brought TO the attention
of the Jury He felt that his RESPONSE
biilty was as heavy even as the respon-
slbility OF the jurors. The defence bad
bee asking that human being might
live; he was asking that by their verdict
a IL T.