The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-26

az Ter COMPRISING lut otdth oA HIS NiCNii4.
No; he got as far as possible from the
scene Of his crime.
My friend" sad Judge Fiournoy. has
told you that Mary Abernathy stayed at
Polard's house the night or the murder
because she was made 10 90 so. If she
was guilty, IA the name Of Cod why did
she 20 there? Why did she waddle. like
an old puddle-duck, from her house up
TO Pollard's?'
Judge Flournoy particularly emphasized
the point that Mary Abernathy had shroud-
ed the woman whom she was supposed TO
have slain.
= don't believe there lives or mas ever
lived on God Alnightys green earth the
man who could have done st." he sad.
TO fix his point. Judge FiournOy read
from "Burwell on Evidence" and showed
the ropugnance Of murdcrers TO look on
tho bodies OF their victims. He called
especial attention to the fact that not a
drop Of blood had been found on the
prisoners clothes. nor had any OF the
money or other property stolen from Mr..
Pollard been found, although u diligent
and careful search of her house had
been made.
Mr.. Gregory's testimony was next taken
up by Judge FlOurnoy, and inaccuracies
charged. 81 don't propose to try and i'm
peach Mr.. GregoIy's veracity," said Judge
Flournoy. Il would not accuse a bob
tailed yellow dog Of sucking eggs unless
/ knew he sucked them. | want 70 show
that his memory was defective"
The human memory, said Judge Flour
noy was a most treachcrous thing; 10
could not be depended upon, and he did
not like to hear a Witntss testify with
faultless accuracy. Judge Flournoy re-
lated, TO prove how defective was inc
human memory, the trial Of the
celebrated case OF the viii OF John Ran
dolph. when Judge Lee, one Of the most
eminent jurists that ever sat on the bench
in Virginia, was proved 70 be mistaken In
a statement made by him.
Judge IDOurnoy devoted considerable
time 10 Mr. Greg0rys testimony, and
expressed the opinion that 1t was an
impossibility for a witness to remember
a conv ersation that occurred nearly a
year ago. and repeat It word for word.
AN EAGER WITNESS.
Mr.. Gregory is an eager witness IN
this case. gentlemen said Judge Flour
nov. Ills face is a mask Of mean pre-
JUDGE No hungry hog ever wanted an
ear OF corn more than he wants the
life of that poor. old woman. Honest, he
may be, prejudiced he is
In the course of his speech Judge Flour
noy said that the court had had good
deal OF amusement at nis expense, when
he tackled Mrs. Thompson.
"I have seen" said ne, "the sabres OF
5.Qo0 Yankees flashing in my face, and
l had rather SO through the same per-
fOrmance again than 20 have TO encounter
Mrs. Thompson fifteen minutes every day
for week. NV friend Wise was guilty
of a very cowardly act; he turned her oyel
Tor me 10 examine, after whispering "a
Judge Mann. I'll be confounded II Ill
tackle her
This portion Of Judge Flournoy's speech
was received with loud laughter all over
the courtroom.
In conclusion Judge Flournoy said that
he had now discharged his duty 10 the
best OF his ability, and now stepped from
between the jury and the prisoner.
"When God made the prisoner sehue-
men of the Jury" he said, "lIe gave her
a soul. The man who does not pellSI =, Z
sne mas a soul ought not TO SIT on TINS
t,irv I want YOU To do your duty ana
search after the truth. Remember your
soi,ls and mine are TO depart ere long
In This case trust to God 10 guide you III
the right path
Judge Flounoy spoke for nearly two
hoiirs and made a magnificent speeoH
covering every point in the case. hi'
,,.,.oration was beautiful. and evidently
ironreseed the jury. At the conclusion u y
- his address court adjourned untn
o'clock. .,, e.,,r,,t-s
v,r,,o, court reconvencd Hon. George
- W. hoqon his speech for the defence
bv saving that i'm common win every oHo
else ne was rejoiced that the cnu o4 1ue
case was at hand. lie promised lneIl'
mar I'm his argument he woulu not ap-
neal 10 the preiudices or paSslo"s oi @ 'i
i,r, RE would. he said make but one
Ssr,.eal and that was that the verdict
rendered should be in accordahcc WAN ''''
law and the evidence.
'T,et the guilty be punisned ne salo'
shut do not touch the innocent.
Cantafn Wise reminded the jury that
tho, bad taken a solemn oath 10 do their
dut,y faithfully and conscienuously, ana
he had no doubt from what he had aeen
of fhe Jury that this duty would be per
formed as ii should be done. captain
Wise then took up the instructions ana
exnlaiued them at length 10 the jury
reading both those submitted by the ue-
fence and the Commonwealth.
he Impressed upon the minds OF the
iurv i'm an earnest and emphatic manner
that the burden Of proving the guilt Of
the prisoner rested upon the Common
wealth. and they could not lawfully con-
vict her unless the Commonwealth should
nrove her guilt heyond all reasonable
doubt He called their attention TO the
fact that though a thousand hypothesis
consistent with the guilt Of the prisoners
might be suggested and only one con
sistent with her innocence. the jury should
consider the one in preference 20 the
thousand
Captain Wise contended that there had
not been one particle Of evidence TO show
that Mary Alternately had ever seen Solo
mon Marable before the day Of the muir
der eNcept on the Wednesday preceding.
when he came 10 her house with his son
Willie. and that this evidence had been
given by the prisoner herself.
AN IMPORTANT HALF HOUR.
Captain Wise called the jury's attention
especially 70 the fact that Judge Wat
kins. i'm his speech. had said that Mrs.
Pollard was murdered about o'clock.
while Mr. Southall had said 1t was about
haif-past four.
THAT said Captain Wise. ''is the
most important half hour that was ever
played with by these gentlemen as "a
child uses a plaything. l viii show from
the testimony Of Commonwealth wit
nesses that Mrs. Pollard was not killed
either at o'clock or at 4:3o o'clock
Captain Wise then took the testimony
OF A'r. Pollard, and showed that 10 was
o'clock when Mr.. Pollard sent Mary
Barnes after a bucket OF water. while
the others were at the house. Before Mr..
Pollard LETT the house. according 10 his
own testimony, It was 4:3O o'clock. Cap
tain wise read Mr.. POllari's testimony 10
a