The times. [volume] (Richmond, Va.) 1890-1903, 1896-05-06

not have been turned loose. that the efi-
dcnce was too strong against her. lie
was very lonesome I'm his opinion. though.
THE JURY SEPARATED.
The case of Pokey Barnes having been
disposed OF i'm this very unexpected ana,
10 the defence, pleasant manner. counsel
for the defence sprung the second SUE
prise Of the day in the shape OF four
sworn afiidayits TO the fact that the
jury in the Mary Abcrnathy case had
been seen separated ON the streets oi
Iarmyille, contrary to the law made and
provided I'm reference TO the management
and conduct OF juries.
one affidavit was subscribed 20 10y Mr.
4. G. Porter a merchant Of IaTmyilie,
who deposed that Deputy Sheriff B. j.
Harvey came into his store orr two occa-
aions-on one occasion accompanied by
one juror and on another hy four or five
Jurors and that lc saw nothing OF the
balance of the jury.
John w. White, "a colorcl minister de-
posed that he had seen three or four
jurors on Sunday walking with Deputy
Sheriff Harvey, and that the rest of tAe
jury were nowhere in sight.
j. J.. Bragg and IT. II. Bland both
cOlorod, made affidavit TO The fact that on
Saturday night, April 25th. they had seen
one Juror visit the store of a. IT. Porter,
accompanied by Deputy Sheriff Harvey
and that they saw none OF the other
Jurors.
After these afidavits had been read
aloud by Judge Crute counsel for the
defence contcndcd that the law bearing
on The subject was too plain TO call for
any extended argument. that 10 WAS cX-
pressly stated that the jury should Doe
kept TOGETHER. and that ln this case 80
lf /.
disregarded. They produced and cited
number of authorities 20 prove this con-
tcnton. and claimed that the verdict
should be set aside.
The prosecution claimed that the law
hal not been violated iu any manner.
that its intention was 10 keep the jury
separate and apart from t1c public, ana
that there was no objection 10 their being
divided into two bodies. provided each
section was accompanied hy 70 sworn OF
fccr of the law. THE prosecution also
cited q number of authorities 10 sustain
their contention that nothing Illegal haq
been done
THE SHERIFF EXAMINED.
judge Crutc. after carefully examining
the authorities cited decided. out ol
abundant caution, 10 question the sheriff
and deputies. Sheriff Dickinson SAID that
been absent on the occasions when the
jury was said 20 have been separated. ana
that his TWO deputies werc iu charge.
Messrs. Harvey and Orange. the douu-
ties. testified that the Information given
by The afhdaVits was true. but eNulaIueI
that nothing unlawful had trausulred dur-
ing the time the jury was separated, ana
that no one had spoken 10 them. The
jurors that went 90 Mr Porors store. it
was explained. went there for the purpose
Of making purchases. and the others that
were seen ON the street. had been taken
out at their own request. 10y one deputy.
while the rest remained i'm their room IN
charge OF another deputy.
All OF the atlantis We're also examined.
ana swore that the ahidayits made by
them We're true.
The only conflict in the statements of
the witnesses was that the colored
preacher John White. stated that ho met
- putty sheriff Harvey and three OF the
jury ON Third street Sunday 40 12.s0
O'Clock. while Mr.. Harvey stated posi-
lively that he was not on Third street
that day.
Judge Crute stated that he was satisfied
from the evidence that there had besr ,,o
tampering with the jury. and he accord
ingiy overruled the motion to set aside the
verdict.
some time was then spent ny counsel
ln completing their bills OF cxcapuou IN
the Mary Abenathy case. tnc uaftro
of which has been already cxplainc1 IN
Tho Times. and at o'clock all the coup-
Sci leit for their homes EXCEPT Judpo
Ilournoy, who VIII take his departure in
the morning.
TRIAL NOTES.
f.f
Mary Abcrnathy will Doc presented TO the
supreme Cours when DO meets june 10Th
al Nytheville and counsel for the de-
fence express "a strong conviction that
she viii secure q new trial.
The axe with which Mrs Pollard was
killed having done AN the harm possible.
has been made 90 accomplish useful
purpose. The table used by tlc reporters
during the progress of tho trials was
given TO Wahhlin8 on account OF one
leg being shorter than the others, and
the ola axe, with The stains OF Mrs.
Iollard's lifebl0ol upon 70, made am cx-
ccuont prop
EFFICIENT COURT OFFICERS.
So far as the officers of the court aye
concerned. the trials Of Maraulc ana me
two women have been absolutely fair
and impartial. Judge Crute Isl fairness.
honesty and candor. pcrsonncd. the
sheriff ana his deputies are va.ut and
courteous, while the clerk and hls ass
sistant Mcssis. W. a. Ihack,ou and
Ernest Whitehead. are accurate ana
capable % am extraordinary dceItn.
During the progress of The Mary Ahcr-
rathy trial it Was testified by mr. pol-
lard that his wife sewol on five buttons
and marked tniry csls after he Icft
the house on nc evening ol tae murder
before she was Killed. lu order % nui
out how long it would take to sew ola
five buttons Captain Guigon DIS aftor-
noon went 10 the tailoring establishment
OF Zimmerman. ana timed aim Wnue nc
did the work It eook exactly eleven
minutes. Thirty eggs We're then marked.
which took eighteen minutes makIug
total of twcnty-nine minWcs Tor the whole
job. As Mir. Pollard did not leave tnc
house until 4 clock thc murder could nor
have taken place until after $500
RECEPTION IN RICHMOND.
When POkCy Barnes arrived yesterday
afternoon from FarmviIe % large cclega-
ton of coi0roi people. headed hy John
Mitchell Jr.. awaited her at the depot.
AS she ahchtci from the train mcro
was loud clapping of hands, and sine
was almost smothered with embraces
TO judge from her countenance Size was
about the happicst creature in thc world.
and tire delegation shared her dellsht
vocifcrously.
She was taken IN charge hy John Mitch
al, placed in carriage. and driven
away. Pokcy says She has not yen made
up her mind what ayocaton She viii pur-