The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-29
TRIAL OF POKEY BARNES
JUDGE CRUTE REFUSfS TO POST
PONE-TO TAKE PLICE THURSDAY.
Arguments In Favor of Verdict Against
Mary Alternately Being Set Aside
Decision Reserved.
(Stan correspondent

Mary Abernathy, who was yesterday pro-
nounced guilty Of murder in the first de-
gree.
When court convened this morning how
ever. Judge Flournoy stated that counsel
| for the defence wished 10 amend their
| motion for a stay OF judgment. but be-
fore doing so desired 10 see Mr.. a. l..
J Clements. who was expected TO arrive On
the train upon which Judge Mann was
| also expected.
Court accordingly adjourned until l:3O.
Upon the .'ecouyening OF court Judge
Flournoy addressed the judge ana adyanc-
/ ed number of strong arguments why
! the verdict should be set aside. Judge
| flournoy contendrd that tho testimony Of
| Mr.. White Mrs. Thompson, and Phil.
, Watson had been Improperly admitted.
/ lie also held that Judge Mann, IA his
address TO the jury had made statements
closely akin to the testimony, and, there
fore. improper.
STAY OF JUDGMENT.
Judge Mann. he said. had told the jury
that he would not ask them 70 convict
| the prisoner unless ha we're morally GER
tain OF her guilt. "Now. this statement
| said Judge Flournoy coming from man
! Of the standing OF Judge Mann an Over
| the community mas the greatest weight
| Judge tourney dllAA'A ~ - Af-A 49,
I statements made by Judge Mann III MS
argument. which he characterized as III
his Judgment improper and calculated 70
! have the same influence upon tue minus
Of the jury as testimony.
Judge Flournoy then stated that the
amendment OF his motion Of YESTERDAY
which he wished to submit was as Ioi-
lows: '"rhe pri5Oner also moves inc court
| To SGT aside the verdict. and grant her
fffFsFN nE
the evidence OF Mrs. Clements Mrs. Mar
! thu Thompson. II. 4. White and iMhp
| Watson. respecting statements made I'D
/ them bv the prisoner, should not nave
/ bnen reruitted 10 be- laid before the
jury" ....,,, .>-,r,o,-
! when Judge Flournoy had Ahisheu nl,
| brief argument in favor OF me-" ui'!
! Judoe Mann. I'm a few words. stated that
-. bod had no intention 90 make any
! etatan,ents In mis- argument which might
| t.rd to ureiudice the minds or me jury
| a. evnlalned that he had not used the
! axact words attributed 10 MIN by 'un5o
/ p',ournov out admitted that be- might
! havo unconsciously conveyed auch an i''i
precision in different words he aaiu .H",
Inc had endeaVored 10 cafel"tS S.'.u
! himself from any expression -. '''i,' 80 -
/ oufnfon and had cautioned tiie jug
/ ,,,,, no attention to any eNpfe@si"" VI
/ Pay , ~. Was not borne out by the evt-
donce. 800 enr,r-c
~.r,.t, wise then addressed the court
g. - ~ new trial. lie contendeu
oe,eciallv that the prisoner was eh1ueu
H. a new trial since her answer 10 'H0
| questions OF Mr.. Ii. c. Gregory IA VIC
! Rirhmond jail had been eAcluueu lioln
! 49,. te.rfmouv. lie also dwet at leHb'n
Of tine thinfHtt OF
Nr white. Mrs Thompson, and MIS-
Clements. which. he SAID, should AoI h"'0
been admitted under the law .,.
| AR southaU replied briefly 10 captain
W.. INN did not enter into any ar8u-
mont of the case. Judge Crute sara 'Hat
h. v,ould look over some authorizes anu
mot the lawyers at the courtroom to-
morrow morning.
TO POSTPONE POKEN BARNES.
Captain Guigon then announced that ne
wished TO submit mOuoh LOT posi-
! touement OF the case OF the ConHp"-
wealth against Pokey barnes UNI" '''e
next term OF the court.
Pokev Barnes was then brought INTO
court and Captain Guigon addressed the
Court in advocacy OF continuance. Hc
said that they wished continuance loI
various reasons. The first, ne said, was
that they were physically uhht 10 20 OH
with the ease. They had beeH ln great
strain for ten days, ana dld not ieei tn"'
elasticity OF mind which they should nave
when undertaking case ""''o "'''''"
life was concerned.
,rbe second reason was that they had
hoeu already away too long from their
private business affairs, when Woilu SUE
Ter thereby.
Lastly. captain Guigon said there was
am indehnable. ali-perNadinB some thlhs ih
the atmosphere. which was the natural re-
suit of the verdict just rendered IN the
case OF Mary Abernathy' which IN MS
opinion. would initiate against that fair
ness, impartlality, and clearness or Juds-
mcnt so necessary 10 a Just decision.
For these three reasons. said Capt. Gui-
gon. they wished a continuance.
Judge Mann. for tie Commonwealth
said that as an individual he would be-
clad TO a postponement, but he did not
feel at liberty under the circumstances
to consent 90 u. The Commonwealth was
ready. all the witnesses were present ana
The case should be di. posed Of lie called
attertion 10 Mr.. Pollard's feeble condl-
ton. and urged that ii was Imperative
that the case should be disposed Of az this
term.
Judge Crute said that personally he
would be extremely glad 10 continue tHe
case. but he did not think that he was
at liberty 10 do so upon the reasons aa-
vanced by the defence.
JUDGE CRUTE FIRM.
Judge Crute continued firm. although
again urged by the defence, Captains Wise
and Guigon stating that they would be
compelled TO be In Richmond next week
whether the case was finished or not.
Judge Mann said that the Commonwealth
he thought, could get through with their
witnesses in one day. and that he thought
IT probable the case could be finished this
week.
The defence excepted TO the refusal Of
Judge Crute TO continue the case
Tomorrow will be given up 10 disposing
OF the motion of defence for the setting
aside of the verdict found against Mary
Alternately. Should Alr. W. G. Franklin,
who IS expected, arrive the motion 10 set
aside the verdict in the Solomon Marable
case will also be considered
Thursday morning the case OF Pokey
Barnes will be begun. the jury having
been directed TO report at 10 o'clock that
day As everybody IS so anxious 10 get
through. the case will almost certainly be
concluded by Saturday night
Judge Crute viii Refuse.
FARMVILLE. VA, April 2s.-special.-
1t Is almost a foregone conclusion here
II that Judge Crute will refuse 10 set aside
the verdict The bills OF exception VIII