Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-09-01

ley in the Circuit Court Of Charlotte
County without II 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 brefcst Of hearings. had
been Immediately sentenced to cx-
ccution.
Mob Violence Was Narrowly
AVcrtcd.
w. II. Roach, Of Charlotte Coun-
ty, farmer, suspected that some
one had been stealing wheat from
his field and traced wagon tracks
to the home of the Barrotts, near
by. Without waiting for warrant or
or arrcsting officers. Roach at
tempted to make prisoners of Bar
rctt and his son. and fight fol-
lowed, in which Roach was killed.
There was high feeling in tho coun-
ty for a time, but Sheriff Priidy
obviatod any chance Of mob violence
by promising that there should be
q prompt trial.
Judge Hundley presided at the
trial OF the elder Barrett; Judge \.
ID. Watkins, OF Farmville, was act
ng wcalth's attorney, as
sisted by Commonwealth's ATTORNEY
Light. Of Campbell, and Barrett was
defended by Attorney William Lam
caster, of Farmville
Three Jurymcu Willing to Give Boy
Prison Term.
The elder Barrett was tried by
in NY 1,o1 1,n In ,Ef &c
convicted and sentenced to cXccu-
ton. and on his behalf no appeal
for clemcncy is pending. An effort,
however, has been made to secure
Il writ Of error from the Supreme
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 cxcep-
tons. Three members Of the jury
which tried the father are quoted as
tating that they considered tho boy
mere accessory, and would have
given him n prison term had his case
been submitted to them.
Publication Of the fact that mn .ap-
peal had been made for clemency
the case of the boy brought forth
series OF statements from the va
rious parties. Judge Hundley, in a
signed statement, said that the boys
plea of guilty made jury unneces-
Scary: that the court has been In
formed that this plea had been main
on advice of Mr.. Lancaster, who had
appeared as counsel for the father:
that Barrett confessed the killing
both on the stand and to arrcsting
officers, and that the court had had
no option but to pronounce the death
sentence. the statute OF 1914, max
ing prison sentence optional apply
ing only to juries.
Counsel Was Forced to Withdraw.
MIR. Lancaster appeared yesterday
in Il signed settlement in which he
held that the killing had been in
sclf-dcfcnSc. He stated that Judge
Ilundlcy had refused and, i'm 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 Il man who
was not armed with a warrant for
his arrest in Il case where 4 warrant
should have been procured. In view
of the attitude of the court and the
oefusal to grant instructions favor.
bic to the elder Barrett, Mr.. Lam
astcr 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
ibly i'm his ignorance, thinking that
would be mitigating circumstance,
especially as he had already made
full confession, and was promptly
sentenced to clcctrocution.
Watkins Denies Judge IIundlcy Was
Arbitrary.
Judge Watkins, of Farmvillc, who
acted as Commonwealth attorney,
yesterday issued signed statement,
in which he reScnts as unfounded
the inference that Judge IIuniley
had acted in an arbitrary or harsh
manner. He states, however, that
he does not oppose executive elem,
cncy to the boy. and has Heretofore.
expressed his opinion to the Gov
crnOr.
The attention of the Governor was
called to the fact that, in his ignor-
anCc VI the lOfIllS Oh regal procedure,
the boy made no protest, noted no
exception and is now without a 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. The
Governor indicated last night that
he had not passed finally on tho
merits OF the case, but that the re-
spite Of thirty days would give OPP
portunity for a more thorough in
vcstigation than he had been able
to make up to this time.
Judge Hundley, now in his eight
ieth year, has been regarded as one
Of the most distinguished men on
the bench in Virginia. He served
in the Confederate army and later In
the State Senate. He was elected
to the bench in 1893.
Rcsents Comments on Court Pro-
ceedings.
phe signed statement Of Judge A.