Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-01
GRANTS .THIIsTY-DAY RESPITE
10 NEGRO.
Governor to Consider Case of hu-
| brey Barrett, Sentenced to
Die Tomorrow.
FATHER WILL PAY PENALTY.
Counsel Asserts Killing of Farmer
Roach Was in Sclf-Defense.
(Richmond Times-Dispatch, Aug.


at the State Penitentiary tomorrow
morning for the murder of w. Il.
Roach, in Charlotte County. Albert
Barrett, the father, will die at the
appointed time, no appeal having
been made for clemcncy on his ac-
count
The case Of the Barrett boy was
brought to the attention Of Cover
nor Stuart last week by State SEN
ator Walter j.. Addison, Of Lynch
burg, who told the Governor that
he had been informed that this Ne
gro, not yet seventeen, had been
tried before Judge George l.. Humid
ley in the Circuit Court of Charlotte
County without jury and without
counsel for the defense; that he had
been induced to >change his plea
from not guilty to guilty, and, after
but the bricfcst of hearings. had
been Immediately sentenced to en-
ecution.
, Mob Violence Was Narrowly
Avcrtcd,
w. II. Roach, of Charlotte Coun-
ty, Il farmer, suspected that some
one had been stealing wheat from
his field and traced wagon tracks
TO the home Of the Barretts, near
by. Without waiting for warrant or
or arresting officers. Roach at
tempted to mako prisoners of Bar
rctt and his son, and a fight fol-
lowed, In which Roach was killed
There was high feeling In the coun~
ty for time, but Sheriff Priidy
obviated any chance of mob violence
by promising that there should be
n prompt trial.
Judge Hundley presided at the
trial of the elder Barrett: Judge a.
D. Watkins, Of Fnrmville, was act
ng commemorative attorney, as
sisted by Commemorative ATTORNEY
Light, of Campbell. and Barrett was
defended by Attorney William Lam
caster, Of Farmville.
Three Jurymcn Willing to Give BOY
Prison Term.
The elder Barrett was tried by
jury had the benefit of, counsel, was
convicted and sentenced to execu-
tion,. and on his behalf no appeal
for clemcncy is pending. An effort,
however, has been made to secure
Court in order that the case may be
reviewed on its merits. No such step
can be taken in the boys case, as
without counsel, he noted no excep-
tions. Three members of the jury
which tried the father are quoted as
tating that they considered the boy
mere accessory, and would have
given him prison term had his case
been submitted to them
Publication Of the fact that an .ap-
peal had been made for clemency
II the case Of the boy brought forth
n series Of statements from the va
riOus parties. Judge Hundley, in 4
signed statement, said that the boys
plea of guilty made a jury unneces-
scary; that tho court has been In
formed That this plea had been mad q
on advice of Mr.. Lancaster, who had
appeared as counsel for the father:
that Barrett confessed the killing
both on the stand and to arresting
officers, and that the court HAD had
no option but to pronounce the death
sentence, tho statute of 1914, maxi
ing prison sentence optional apply
ing only to juries.
Counsel Was Forced to Withdraw.
Mr.. Lancaster appeared yesterday
In signed settlement in which he
held that the killing had been in
self-defense. He stated that Judge
1Iundlcy had refused and, in fact,
threatened him with a fine when he
attempted to argue that the boy was
merely coming to the rescue OF his
father from attack by a man who
was not armed with a warrant for
his arrest in n case where a warrant
should have been procured. In view
of the attitude of the court and the
,efusal to grant instructions favor.
bic to the elder Barrett, Mr.. Lam
aster said he had withdrawn and in
formed the court that he could not
represent the boy. The younger
Barrett, therefore, went to trial
without counsel, no jury was sworn,
the boy was induced to change his
plea from not guilty to guilty. pos
hbly in his Ignorance, thinking that
would be mitigating circumstance,
especially as he had already made
full confession, and was promptly
sentenced to electrocution.
Watkins Denies Judge Hundley Was
. AfDltfnfy.
Judge Watkins, Of Farmville, who
acted as commemorative attorney,
yesterday issued a signed statement,
in which he resents as unfounded
the inference that Judge Huniley
had acted in an arbitrary or harsh
manner. Hc states, however, that
he does not oppose executive clem>
ency to the boy. and has Heretofore,
expressed his opinion to the Gov
ernor.
The attention of the Governor was
called to the fact that, in his ignor-
ance Of the forms of legal procedure,
the boy made no protest, noted no
exception and is now without foot
hold in law on which he could note
an appeal to the Supreme Court.
His only recourse, therefore, is to
the clemency of the Governor. Tho
Governor indicated last night that
he had not passed finally on tho
merits Of the case, but that the re-
s1.Ns - IL. 49, 1nxr 4 <~s,x