Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-25


can,ajn Cunningham said that this was
not correct. This matter was put to
him along another line. Mr. Gregory was
to secure him through the Intimacy OF the
witness with Sergeant Epps, permission
to have an Interview with the prisoners.
and learn what he could as to the guilt
or innocence Of the prisoners, each and
ali of them. The money was no con-
sideration. "Nr. Gregory and l were
very intimate during those trials" said
Captain Cunningham, and only left the
courtroom 10 go to our meals. We
were not out OF there any length or time.
/ remember receiving telegram from
Mr.. Gregory. / do not remember the
time. The telegram read IF. W. Cum
ningham, City Hall. Richmond. Va; See
prisoners. Try plan suggested. Can yet
save necks. II. c. GREGORY
Il called in a friend Of mne--H. NJ.
Smith, Jr.-and l consulted with him.
then telegraphed Mr.. Gregory, as nearly
as | remember: Not Knowing plan, you
had better come yourself The kilograms,
| think, appeared in the Richmond papers.
/ did not know they were going to ap-
pear, and telephoned down to offices Of
the papers and asked why those messages
were published. This was about two days
before the day set for the execution.
Il
next day, had no engagement with him,
and did not think he would be there
met MIR. Gregory at the Jail not more
than five days after we had gotten back
TO Richmond from Lunenburg county
with the prisoners. / had gone down to
the Jail that day with newspaper man
who wanted to talk with Solomon Mara
BILE"
MIR. Phillips, Of Chase City, testified
that the first time he ever saw Solomon
Marable was on the Sunday after the
murder. Marable was running down by
his house He was pursued, and witness
Joined in the chase. The pursuit was not
successful. Witness was one OF the four
who captured Solomon Marable at Five
Forks on the following Sunday. Dr.
Saunders was first to see him. but the
others came up TO the station where
Solomon was.
There were about dozen or twenty
men I'm the pursuit after Solomon" said
Mr.. Phillips. He was a pretty fleet
runner. He jumped over a barbed-wire
fence just before he reached the woods"
The prosecution had no questions to
ask this witness.
MARY'S FIRST EXAMINATION.
Squire j. +. Eubanks, OF Lunenburg
women the first time on the Saturday
after the murder, and held an examina-
tion on Monday. He held the women
Saturday as witnesses. and kept them
under guard, in order that they might
not talk TO anybody about the case. and
personally gave instructions TO the guards
that they should not be allowed to talk
TO any outside persons. On Monday
evening witness examined them person
ally, and released them. The Coroners
jury was present, having adjourned over
from Saturday. and took part in the in
vestigatIon. Mary Absrnathy made
statement. Squire Eubanks said he also
heard her statement on her trial at Lu-
nenburg Courthouse. and that she made
substantially the same statement The
prosecution objected to this answer, and
moved to strike 1t out. The Court said
It would pass upon the question later.
Mr.. Flournoy: Mr.. Eubanks, will you
state to the jury what statement. sub
stantially. as you can recollect II, Mary
Abernathy made at Lunenburg Court
house on her trial?
Answer: She stated that she came
up to Mr.. Pollard's. and was left on the
front porch when Mr.. Pollard went to
work. She remained there ten or fifteen
minutes, and Mrs. = Pollard went into
the house TO sew on some buttons. She
then went back home and afterwards
heard the alarm, and Wilson started up
TO see what was the matter She also
started but Wilson could travel faster.
and he met her and told her Mrs Pol
lard was killed. She also stated that
Wilson sent her first. She also said that
she saw a tall man, with his hat
pulled down, coming down the road to
he gf ~ hn M 81
the women, partially at the instance OF
the Coroner's jury 1t was possible TO
have seen person at the point she said
by going TO the end of the porch and look
ing over the railing. She could not have
seen him If she was sitting down.
LEFT OUT THE MAN.
Mr.. Southall: When Mary testified be-
fore you at Mr.. Pollard's house first.
did you tell her TO stand aside?
''Yes. / examined her twice"
Didn't she make different statement
after some other witnesses had testifed?"
''Yes; as to seeing that man. Her first
testimony was that she hadn't seen any
body at ALL and afterward said that she
had seen a man down by the fence. Mrs.
Pollard's body was carried I'm the house,
/ Judge, between and o'clock in the
morning"
Mr.. Pollard was recalled and questioned
as TO the buttons being sewed on his
pants. He said that he found a pair
OF pants and his wlfe's work-basket upon
the table Five buttons were sewed on
the fore part. He said that he did not
tell any one but his wife where he kept
his money.
On being cross-examined by Mr. Mann,
the witness said that four ''gallus' but
tons had not been sewed on. Mr.. Pollard
said that he had never been cautioned
not to keep so much money about him.
as he never told anybody anything about
IT, In answer TO a question from Mr..
Wise, the witness stated that he did not
as a rule, when persons called to bor-
row money, give 1t to them until the
next day. It was generally understood
that he had money, but he did not know
why He always carried his money In
the pockets when ne went away from
home. Defence here rested it's case.
Mr.. T. a. Clements was recalled by
the prosecution, and asked II It was not
generally known that Mr.. Pollard had
money. Witness answered, YES" say
ing that he had borrowed money from
him, and that Mr.. Pollard had told him
of others who had borrowed money
from him. Mr.. Clements stated that he
had seen where Mr.. Pollard had gotten
the money from.
Mr. II. C. Gregory was also recalled by
the prosecution. and said that he went
to Richmond just about July I'D to see
Solomon Marable about an entirely diff
ferent matter. He wanted to question
Solomon about the burning OF the store
of a friend. He said that he had no re-
collection of having seen Pokey Barnes
that day. although II Mr. Epps had
stated that he did he would not deny IT,
Counsel here retired to prepare the in
structions. and later on the instructions