The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-25
1OILARD MURDER CASES
iARY ABERNaTHr's CASE - DIX"
ING 10 "A CLOSE.
v.r,,c, Probable Next Monday-Tho
Ccmmonweal,h's Evidence
Not Conclusive.
lstnn cnrresnondence.)

.los,ns hours OF the case of the Common
xyeal,b AGAINST Mary Abcrnathy. charged
with the murder of Mrs. Lucy Jane
Pollard. on June 14th. 1896. are at hand,
ana ber fate will soon be decided. Late
this afternoon all theovidence had Deeh
given In and counsel at once began 10
preparc instructions. 1t is now most
likely that a verdict viii be reached not
later than Monday.
The evidence given IN has been volumin-
Gus. but the Commonwealth has iaied 10
fix the guilt Of the prisoner beyond the
neradyenture of tadoubt. The strongest
point against her has been the fact that
she is presumed TO have been the last
person who saw Mrs. Pollard alive That
she was the last person has not been
proven. although the time that elapsed
between her departure from the Pollard
Residence and the killing Of Mrs. Pol
lard must necessarily, as proven by cir
cumstances, have been very brief.
JUDGE FLOURNOY'S ENCOUNTER.
The hum-drum routine Of court pro-
ceedings have been cnlivened by
somee amusing incidents. but none
more so than the singled-handed en-
counter between Judge Flournoy and one
of the witnesses. In which the Judge
came off second best.
CAPTAIN Wise AYERS solemnly that after
.ha had annihiated Judge flournoy she
SMILED sweetly and said as she passed
him, ~Good-bye. Sweetheart: nv. nc
Judea contends that this Is ldise' nv
counsel however, were 50 dinuH'u -
the occurrence that they have prepared
tho following instructions to the jury ana
submitted them TO the Judge, who mas
approved them; -. 49,
The court instructs the jury that the
remark Goodbye, Sweetheart maze
by n witness to Judge ii. w. flouInoy
shall not be considered in determining
tho e7lilt or innocence of the prisoner.
The court further instructs the jury
that the cowardly conduct of Captain
George II. Wise in refusing TO cross
iexaminc the witness. shall not preJudlce
1.-THE minds of the jury against The pris-
Toner at the bar.
These bogus instructions have OCCASION
ed much merriment to-day at the expense
of Judge Flournoy among his legal broth
ers.
THE REGULAR PROCEEDINGS.
when court opened this morning the
yenire summoned in the case of the
Commonwealth against Pokey Barnes
was called and recognized and instruct
ed by the Judge to report on Tuesday
morning. Judge Crute warned the
prospective jurymen not to remain in the
courtroom during the trial of the Alb
ernathy case, as it might interfere with
Hxh heir serving In the Pokey Barnes case.
Mary Alternately was brought In early
and placed upon the stand. and as soon
rs the recognition of the Pokey Barnes
bury was completed, Mr.. Southall re-
sumed the cross-examination Of the pris-
pner.
What time did you hear the bell ring
pm the day of the murder?" he asked.
about sundown."
''Was that the first time you heard 1t
ring that day?"
mo. sir"
What time did It ring when Wilson
sent you to the house?H
II don't know, SIR" rf.~
where is Mary Barnes?"
I'm the penitentiary."
What was she sent there for?"
Il don't know, sir" -rrT
When was Mary Barnes tried?"
: Counsel for defence objected to this
question. arguing that this should proper
ly be proven by the record. The prose-
,ution admitted this, and withdrew the
question.
Mr.. SouthaIl then went on TO ask the
witness as TO the time that she left the
Pollard house on the evening OF the mur-
der.
Aunt Mary Barnes" she replied,
''went out the gate with a hoe, and / |
went out Immediately after her"
did you go out Of the same gate?"
''Yes. sir"
self?"
Eyes, sir"
What was she doing?"
Sitting On the porch. sewing on but |
TONS"
NO EGGS.
you don't know anything about any |
eggs?"
The witness denied positively that |
anything mad been said about eggs. ex- |
cept what she had related about the in
cldent OF her puppy soaring the hen and /
Mrs. Pollard's asking whether he would |
suck eggs. After again denying that she
had had any conversation with Mr.. III. A
Nhite, or that she had fallen back in the /
doorway Of the courthouse after her con-
Nersatlon with Mrs. Martha Thomson. |
me witness was permitted to leave the |
stand
Counsel for defence expressed desire
at this point 10 have an interview with /
Rena Barnes, who Is confined in Tho ian
mere on the charge Of theft, and at their
request, Judge Crute suspended onora-
lion while they went down 20 the iaiI to !
tax TO her. The woman Is a daughter
OF Mary Barnes. and was arrested in
the woods of Luncnburg county some |
N"SS "6O AOi tnctl. III IS limited here
that she has the bracelets stolen from III
aoilard residence on the day of The
murder. '"V
W hen counsel for the defence returned
Judge flournoy stated that they were I'm |
uouot as TO whether they would put the /
woman on the stand, and could not he |
positive whether they would use either
ROSA or kena Barnes until they could /
confer with witnesses from Richmond.
VINO would be in FaImvilIe at 1890 |
O'Clock Counsel for the prosecution made
no objection TO this, and court adjourned
until 1880 o'clock
RICHMOND WITNESSES.
The Richmond train brought Captain
=. w. Cunningham. III. Claibo Epps.
w ID. Neisiger and John Mitchell. Jr..
captain Wise having wired 10 Major j.
H. Derbyshire and IL. l.. Cardoza this
morning not 10 come. AS soon as possl-
bic after the arrival OF the train court |
agaln convened, and Mr.. IL. Claiborne
Epps was put upon the stand and oues- |
TONED by Captain Wise
iio testified that he was clerk to the |
CITY Sergeant OF Richmoud CAPTAIN |
Charles II. Epps.
Mr.. Epps." said Captain Wise "Mr.
ii. c. Gregory has testified that he had
never been TO the Richmond iail 10 sec |
the prisoners except when he went there |
10 September; viii you state whether no
has ever baon "a the taf 4