The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-23
aAupcryisory powers, 10 set inside
si,e verdict md remind the ease
Tor Il new trial. Especially ~ thls
$trmc In q tnpitni ease. where the
ssr..,. lac n ff5s lficrty Ii allowed III

fuTuc4
J, 4 greatest A libcrtS Ii allowed i ii sS
$$ granting new trin.s.'' "
IA when Mr. Clements was asked Sester-.
II day as to a recent movement 70 secure
q tina signatures OF tile Jurors who CON
.vlcted Wright to d petition for co1nnlu-
&tatioii of sentence, he said:
H 81 do not approve of such n petltllon
Y ana will not sanction any effort TO place
upon Governor Swanson such q rsspon-
sibillty, have in8my office letters ron 'I1
three Sof the Jurors. In which they state
that from information they have re- e.
ceiyed since the trial they arc convinced
that Wright should be given another IN
4 chance, but | nm opposed to q petition
h Tor communications Of sentence. bei1eVe
"a that he is entitled TO q, new trial, ana mo
III IN, going IL spare neither time q
Il expense 10 secure 1T for him" NJ
Criticism Of Judge.
&5 III tile petitiohiAfor rcnenring ne
attorney severely criticized Judge g y.
+ NiEol for his action IN declining to sis 9.
IND exceptions. and stating that ne
4 would certifyA3all the evidence instead 9
%1Ie requested the Commonwealti'll.sa ~.
a8torneyt ana the counsel for the pr'sol.sl
( To write out all the evidence US s..I,.
respective memoranda ana n'e ,i,.', 'ps
4 should disclose Al and refer 1t to NM ~
B counsel for tho prisoner dts az grace :, q
Il s hsointely with Commemorative AZ ~
VI inrrey Mnckoy, md contended that th "
e,idrnce was mot fairly nor jcorrect vi
Y stated &by38l,im; but the trial Judge ~ ~.
cepted Mr.. Mackey's rendit ton Of ~ tt& ls
alleged. and rejected Mr. Clements
contention altogether, ~, n
The petition further say $: ne tr " ~ &
Judge was himself Irresponsible v 70 for " ~
af1tnission Of the Illegal and incompe-
N tant Testimony as. can be abundahtls
and coaclusivelS cstabli shed. "a q
forced it's admission ut the trial pc
Il cause lie wanted TO hear 1t all, and nc
forced 1t into the record over the most
q earnest protest Of prisoners counsel
f{3Continuing. the petition says VT.
Ing the argument In this honQfaaboic
4 court counsel for the prisoner was
asked By one Of the honorable judges
why no did not apply for, q manuo ga
TO compel the trial Judge to sig y s
three bills Of exceptions. Perhaps nc
y should have done So but the GKlnd ~,
feelings existing between the lh1'ea .1trlaiG
Judge and the lawyers in his circuit
naturally detersg recoursc#to the harsh
er remedies Of the law in their deal
II ings with ono &nnother.' 5s5
Testimony Of Annie Green.
The petition further states that the
counsel strenuously protested against
+ the admission of the testimony Of ono
Annie Green, 83 n neg ress under lnd1ct-5
lament for murdcr,on the ground of the
Illegally and incompetency3 Of such
testimony. It is declared that without
4 this Illegal Testimony 1t Is impossible
the verdict would have been dea th.
THE petition refers to this woman as
s$$"thc most cons,rmn1atc liar since tho
4 days of Ananias." ia:tFf
Proceeding, the petition says:
II again, after the verdict was ron
\ dercd counsel for the prisoner earn
Eestly asked the court for ten days
time 8n8which to present his grounds
4 for new trial, the chief of which was
the admission by tho court Of illegal.
and incompetent testimony, but the
court refused; counsel then asked for
81 four days time, and that being refused
@for4oneGday, and that being refused he
asked until IL a. NJ. of that day Ut
then being 2 o'clock in the morning).
q But the trial judge declared from the
Il bench that@ho$ had heard enough, and,
q said 1T will settle it now ana im,ne-
.8diately ordered tho prisoner AZ DIN
Nv ght,. to stand mp, and he then ana
there at o'clock In the morning,
" Pronounced sentence ar death. # 5Rt q
So that ! is made apparent to the
II appe late lat court that the positive and
IN convincing e, Iter-discovered ~ eyitencc,
I'M known and therefore Impossible Of
5s pre- sen ation at the trial, could not Ia
n g $ q reason fora new trial to
court lHrt below This evidence could
IL .ols.llave been secured at the trlal33by
reasonable tiligence;i 1t is ma tcrinl ! M
ri nc, merely cumulative and cGrroborae.
8t ,ls or collateral, ana 1T would an
~ aoupt sc produce n different result
ss5 } 1 oSu1d new trial be had" s1S@
Serious Allegations.
53ao ne q the most serious alega ions -
WI .ne s. counsel ol for petitioner Is thai the
:s&l record as approved by the trial iudYe
@ anu any certified to the court is 50 garble Cd
= aeeeivtd the appellate court as,
5I W., ne Of the prisoner.
s " si hltalteEer may be said about tho manner
8 u II. which the four witnesses who testi.
,lsd as z. o..,.ths ide'ttiGcation Isl dumped
lli!o the record, it is certainly clear. that
Az LIZ OF y hem declared In the mo st positive
s$5 manner that the prosecutrix did IF not
II ldesntlfy the prisoner as her assailant,
#s ne petition quotes Judge Buchanan in
ss the opinion Of the court us follows:
SsS3 he accused introduced several wit
$8Fs 2 esses who testified that they were pres.
s5 81. eat at the jail when Miss Risley claimed
5SSS$ that she recognized the accused al he,
y u assailant and that she did not do so
# some OF them say She pointed out 4
Ss5 negro known asH'-Alahama joe as he,
Ii q s s another that she pointed ou
5S3 a NEGRO named Johnston. These wit.
Il. neases are not only contradicted by Miss
3z l9isfey and the officer who took her Il
}55 M jail and who sustain her as to wha
S3s tak place there in every material par,
uenlar. but they contradict each other
1T Is declared that this is a grave
8 and serious mistake, and that though
1t Is true that in tho record 1t ap.
apears that Edward s. Randall, one
ofsthc guards, is reported as having