Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-08

-ounscl or Jury, Sentenced to
Death for Coming to Fathers Res.
cue Says Attorney Lancaster.
Unless stay Is obtained from the
: Virginia Supreme Court or Il further
appeal for executive clcmency is
made, Albert Barrett, the Negro
charged with the murder Of w. II.
Roach, Il Charlotte County farmer, will
be executed tomorrow morning at
the State Penitcntiary. Governor
Stuart said last night that counsel for
the Negro had had no further confer
cncc with him, and that as the case
stood, the man would pay with his
life the penalty for the crime Of
which ne was convicted. Unlike his
son, he had jury trial, and was
represented by counsel and the Gov
ernor has expressed an unwillingness
to question the facts as passed upon
by the jury.
In order that lie might inquire at
length into the facts of the case, tho
Governor has granted thirty-day re-
spite to the younger Negro, Aubrey
Barrett, and his execution has been
postponed from tomorrow morning
until September 2S. In granting the
respite. however, Governor Stuart
made it plain that he had not looked
Jglto the merits OF the case, but had
granted the stay Of execution that
nc might have sufficient time in
which TO conduct an inquiry into the
various assertions made by interested
parties. @ k g, s5.. IL, /
] APPEAL MADE TO SUPR EME Vi
COURT FOR ELDER BARRETT
counsel for the elder Barrett are
making an effort to secure an appcal
from the Supreme Court on the
ground that no generalization was
SHOWN III the case, such as Is neces-
sary Tor n legal conviction OF murder
III the first degree. They point to the
Iact tnat the prosecution admits that
ltoach attacked the elder Barrett, and
Ifat the son came to the aid Of his
iather with heavy stick. The cir
cumstances are said to preclude the
possibility OF the killing having been
premeditated. 1t is also asserted that
the Jury FIXED no penalty, but merely
louhd the elder Barrett guilty whore
upon he was sentenced to death nv
Judge Hundley.
Ihere is no record Of the court
proceedings. but the testimony has
Deen assembled from memory and has
Deen written out. Judge r. W. Sims.
or inc Supreme Court, was petitioned
for writ Of error, but refused, and
the case was then presented to Judge
M. p. Burks. Upon his refusal efforts
were being made late last night to
reach Judge r.. r. Prentis. William
Il. Lancaster, of Farmvlle, counsel
Tor the elder Barrett at his trial was
IN Richmond yesterday in the interest
or the appeal. Associated with him
IN the last-minute efforts to save tho
lives or the father and son !. Harry
M. smith, Jr.. of this city.
LAWYERS DISAGREE
AS TO BOYS TRIAL
Directly conflicting statements wcro
issued yesterday in the case of An
prey Barrett. Barrett whose cxeetion
mas been stayed 80 days by Governor
STUART, admits part in the killing.
put says he came to the rescue OF his
rather. The older Negro had counsel
ana was tried by jury. Appeal has
been made to the Governor for in.
'estgatlon Of the boys. case On the
ground that he did not have a Jury
tr1ai, was not represented by counsel,
and has now no means OF noting an
aDncal to the Supreme Court
Judge George J. Hundley, who pre-
sided at the trial. in signed state
ment issued yesterday, defen the
court procedure, denounces the ac-
cused, and attacks the newspapers as
trying to "underRine and discredit the
authority Of the courts" He refers
to State Senator Walter e. Addison.
or Iynchburg, and others who have
laid tho facts In the boys case before
Governor Stuart as "offjcious inter
meddlers," and says that "any
ignoramus or crank can at his viii
besmirch the reputation Of any Judge,
and have the newspapers spread his
ISLANDERS broadcast over the State"
Judge Hundley now in his eightieth
year, Is regarded as one Of tho most
distinguished men on the bench in
Virginia IIa oarvod In Tho