Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-08-26
JUDGE HUND[EY SAYS ].
BOY HAD FAIR TRIAL
Guilty on His Own and Fathers Ad.
missions OF First-Degree
Murder.
BOY Had NO DEFENSE TO MAKE
Trial Judge Says Ho Would Have APP
y. pointed Counsel for Him If Boy
Had Not Already Admitted His
Guilt ON Witness Stand.

That Aubrey Barrett. the seventeen
year-old negro boy under sentence OF
execution 1T the State Penitentiary on
Thursday for n murder committed in
Chhrlotte County, was given "a fair
trial was stated emphatically yestar-
day by Judge G. NJ Hundley, who pre-
sided. Application has been made to
Governor Stuart for executive clemcncy
on the ground that the boy was not
tried by jury: was not represented
ey counsel, and was too ignorant OF the
forms of law TO note exceptions on
which his case might have been carried
to the Supreme Court Of Appeals. Tho
case was brought to the attention Of
tho Governor on Friday by State Sena-
tor Waller l.. Addison, OF LynchburE,
and the Governor now has 1t under con-
Sideration.
JUDGE HUNDLEY TELLS OF
TRIAL. OF FATHER AND SON
In regard to published statements
as TO the trial. Judge Hundlcy. at his
home in Farmville. yesterday issued
the following signed statement:
lin beginning the Barrett case. vii.
liam Lancaster, of Farmville. appeared
as counsel for the defense. the father
and son having been jointly indicted.
and by his advice both pleaded not
guilty, and then Lancaster elected tS
try them separately. l told him that
the jury could discriminate and give
different punishment to them, but lie
PERSISTED. and Immediately ordered
another jury summoned to try the boy.
Lancaster never said anything about
not representing the boy until after
the father was convicted, AMI he then
told me in open court that the hoy
wished to withdraw his plea and plead
guilty
Il expla incd fully the effect OF this
to tho boy, and that il he pleaded guilty
he could not have a jury. If there had
been even n hint from any one that
the boy had any defense. I would
promptly have appointed counsel for
him. but the truth is, Lancaster and
all others concerned knew he had no
defense. for both father and son had
fully confessed the horrible murder on
the stand as we'll as to others
when arrested.
They admitted that they had been
caught In the mans wheat field, steal
ing his wheat. and that the boy had
come up behind the mans back while
he WAS scuniing with the father and
struck him TO the ground with a large
stick. and the doctor testified that this
was tho blow that killed the man, and
that in his opinion 1t was not struck
with a stick. but with some harder
and sharper instrument.
SAYS Roy is GUILTY OF
EIRST-DEGREE MURDER
1T is simply subterfuge to pretend
now that the boy had a defense, but
had no counsel The boy was proved to
be seventeen years old. and this fact
was not denied by the father or the
son on the stand. All lawyers know
ihat he could not have been sent to
the reformatory, and they likewise
know that section 4o41, of the Code
provides as follows as to murder cases:
if accused confess the indictment to-
be true the court shall examine the
witnesses and determine the degree of
crime. and give sentence accordingly
SO you see. the law does not allow
the judge in such cases the discretion
allowed the jury.
Il consider that the boy was guilty.
of murder in the first degree, by his
own and his fathers evidence, and
so declared 1 had nothing TO do but to
pass sentence of death upon him.
Il certainly do not believe that Mr..
Lancaster was base enough to desert
one of his clients in open court, and
then not even intimate to the Judge
that In his opinion the boy had de-
tense. l. am forced to confess that /.
never heard Of AIR. werth, of Tazewel1
before, but he must be Il man Of great
reputation as n lawer from the bold
way he gives opinions without know
ing the facts. l hope he will pardon
my Ignorance OF his great regulations;
FOR | have been long time on the
bench. and Tazewell is Il long ways off.
II he will pardon my ignorance this
time ] will give my learned critic /
full statement of the facts hereafter
in any case in which he is interested
IL he will only let me know in time
r.-.r,,c,r