Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1896-05-09


made e them by the pri-
ioner, should not have been permitted
% be laid before the jury"
MAKING ExPLANArIoNs.
When Judge Flournoy had finished his
)rief argument in favor a new trial
Judge Mann in a few words, stated that
ne had had no intention TO ma any
statements in mis- argument which
might tend to prejudice the minds of
he jury. He explained that he had
not used the exact words attributed to
him by Judge FlOurnoy, but admit ed
that he might have unconsciously con-
yeyed such an impression in different
words. He said that he had endeavor-
ed to carefully guard himself from any
had cautioned the jury to pay no at
tention to any expression of his which
was not borne out by the evidence
CAPTAIN WISE SPEAKS.
Captain Wise then addressed the
court in favor of new trial. He con-
tended especially that the prisoner was
entitled to a new trial ,ince her answer
to the questions of Mr.. II. @. Gregory
in the Richmond Jail haG been exclud-
ed from the testimony. He also dwelt
at length upon the admission of the
evidence OF Mr.. White, Mrs. Thomp-
sou and Mrs. Clements, which, he said #,
should not have been admitted under
tne law.
THE JUDGE CONSIDERS.
Mr.. Southall replied briefly to Cap
tain Wise, but did not enter into any
argument of the case. Judge Crute
said that he would look over some au-
thorities and meet the lawyers at the
courtroom next morning.
Captain Guigon then announced that
ha wished to submit motion for a
postponement Of the case of the Com.
monweslth against Pokey Barnes until
the next term OF the court.
UNFIT TO PROCEED.
Pokey Harnes was then brought into
court, and Captain Guigon addressed
the Court in advocacy of a contin-
nance. He said that they wished 9
Q ntinuance for various reasons. The
r1rst. he said. was that they were phY-
sically unfit TO go on with the case
they had been in n great strain for ter
days, and did not feel that elasticity oi
mind which they should have wher
undertaking a case where human life
was concerned.
The second reason was that they had
been already away too long from their
private business affairs, which would
suffer thereby.
Lastly Captain Guigon said there
was an indefinable, ,all-pervadIng some
thing in the atmosphere, which wai
the natural result OF the verdict jus
rendered in the case of Mary Aber
u - l. d.
initiate against that fairness, impair
tiality, and clearness Of judgement 81
necessary to a just decision,
For these three reasons, said Captain
Guigon, they wished continuance.
THE PROSECUTION OBJECTS.
Judge Mann, forthe Commonwealth
said that as an individual he would b
glad TO a postponement, but he did no
feel at liberty, under the circumstan
ces TO consent to il The Common
wealth was ready, all the witnesse
were present, and the case should b
disposed of He called attention &
Mr. Pollard's feeble condition, an
urged that it was imperative that tn
case should be disposed of at thi
| terms
WOULD NOT GRANT IT.
Judge Crute said that personally h
would be extremely glad TO continu
the case, but he did not think that h
was at liberty to do so upon the res
sons advanced by the defence.
Judge Crute continued firm, a.
though again urged by the defenc
ICaptains Wise and Guigon stating ths
they would be compelled to be in Ricf
Imond next week. whether the case wa
finished or not. Judge Mann said thl
the Commonwealth, he thought, coul
get thu ough with their witnesses in or
day, and that he thought it probab
the case could be finished this week.
EXCEPTION NOTED.
The defence excepted to the refus
Of Judge rute to continue the case
Tomorrow will be given up to di
Iposing of the motion of the defence I,
the setting aside of the verdict four
against Mary Alternately.
REFUSED NEW TRIAL.
FARMvILLE, VA April % - Cou
Twas in session only a few minutes t
day, the jury in the case of Pok,
r Barnes having been directed to
. present at 10 O'clock tomorrow.
: Court was opened at 10 80 o'cloc
counsel on either side being preseI
T and Judge Crute stated that he h
carefully examined all of the eviden
in the case, so far as it was obtainab
\ and also referred to the authoriti
cited by the defence in their argume
! for new trial.
HIS REASONS GIVEN.
After carefully meditatiAg over t
4 matter, he said, he had decided I'll
: it was his duty to overrule the motto
: which he accordingly did, the defer
p Excepting. court was then adjourn'
and Judge Crute took the II SO tri
for Bedford City, where his son is c'
valescent, after an attack Of pneumC
ia.
It TO APPEAL TO A HIGHER COURT.
o. Counsel for the defence have bt
). busy all day preparing their bills of
y ception upon which the Alternately G.
y will be taken to the Supreme CoJ
," Tomorrow morning they will be sil
y ed by Judge Crute
~ But little is being discussed h
now except the Pollard murder ca
and the primary election for nun
- pal officers, which takes place tom
% row Counsel for the Commonwea
=. q in the POkey Barnes case claim t
- the evidence against her is as strong
not stronger, than that in the All
nathy case. Defence, however, tn
that the result of the trial will not b
out this assertion.
in BILLS OF EXCEPTION.
. The four bills of exception prepa
- by the defence are based upon the
clusion of Mary Abernathy's answe
40 ~ II. c. Gregory in the Richmond
" and upon the admission of her ans
-. to Mr. White, who asked her how
!" knew that the man she saw was s
y mon Marable.
tv FARMvILLF, VA, April 30,
Counsel for the Lunenburg VOL
al despite their protests were forced
nm enter upon the defence of Pc
IL Barnes. Broken down, dispirited
nd well as disgusted by the action of
ce Prince Edward County jurors in