Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-06-25
SHE MAY NOT HANG.
WRIT OF ERROR GRANTED IN
MARY ABERNATuY's CASE.
Hearing on Its Merits TO Take Place
In scptember-Writ Refused Solo
mon MarabIe-An Appeal to BE
Taken.

FARMNILIsE, VA, June 2L-(SpeciaL)-
Hon. George D. Wise and Hon. IT, w.
Flournoy. Of counsel for Mary Alternately.
the woman twice convicted Of completely
In the murder OF Mrs. Lucy Jane Pollard
In Lunenburg last June, appeared before
Judge 5. +. Coleman at Cumberland
Courthouse to-day to ask for a writ OF
error In their clients case.
Judge Coleman had read the record Of
the case the evening before, and this
morning when the time arrived for the
argument OF counsel TO begin his Honor
Informed them that he did not care to
hear the speeches. as he had determined
to grant the writ OF error.
The Judge did not Of course, state the
particular ground on which he arrived at
the decision, but said that from the read
ing Of the record he was convinced that
there was sufficient reason for his action.
The time for hearing the case upon its
merits was then set for the fall term Of
Prince Edward Circuit Court, which be-
gins here the first day OF September.
BOTH ELATED.
Neither Judge Mann nor Mr.. Southall
was present to represent the Common
wealth. Mr. watkins, however. was ia
court. Messrs Wise and Flournoy were
driven from Cumberland Courthouse 10
this place this afternoon to catch the
Richmond TRAN, and they were both
greatly elated over the bright prospects
for Mary Abernathys final acqulttal In
deed, neither Captain wise nor Judge
Flournoy believes that the prisoners case
will ever be heard By another jury. The
decision Of Judge Coleman does not meet
with dsfavor from the people Of Farm
Vile. who are acquainted with the case.
The officers Of Prince Edward Court
expected the granting Of the writ Of error,
and consequently were not the least dis
appointed.
4 motion was made before Judge Cole
man by Messrs. W. C. Franklin and VIII
liam Lancaster counsel for Solomon
Marable. for a writ OF error in his case.
1t was argued at length by these gentle
men. with the result that their motion
was promptly overruled. Marab.e Is under
sentence Of death for the murder OF Mrs.
Pollard, his execution TO occur on the 81
day of July. The main ground which
counsel based their motion on was the
admission OF Captain Frank Cunning
hams testimony regarding q confession
made to him by Marable while the mill
tary were protecting the prisoners at
Lunenburg Courthouse from mob vio-
lence.
APPEAL FOR SOLOMON.
Messrs. Franklin and Lancaster were
seen this evening on their return from
Cumberland Courthouse by the Dispatch
reporter, and they say the record In their
clients case viii be forwarded at once TO
the Court Of Appeals now I'm session at
Wytheville. and their last hope IS that
their motion for writ Of error viii be
favorably passed upon. IN an interview
held by Mr.. Franklin with solomon Mara
bic in Lynchburg jail the other day the
condemned man seemed 10 more
thoroughly realize his awful situation
than ever before.
Mir. Franklin told Solomon that there
was no hope to be extended 10 him; tnat
all he could do for him as lawyer had
been done and told him he would Ike ior
him TO make a true statement regarding
the killing Of Mrs Pollard. solomon re-
piled that there was but one true answer
and that was that he held Mrs Pollard $
hands while q white man killed her.