Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-08-30
CONFLICTING CLAIMS
MADE IN BARRETT CASE
Hundley Says Newspapers Are TRY.
ing to Undermine Author
ity OF Courts.
LANCASTER ANSWERS WATKINS
Scventcen-Year-Old Negro, Without
Counsel or Jury, Sentenced to
Death for Coming to Fathers Res
cue, Says Attorney Lancaster.

Unless a stay is obtained from the
Virginia Supreme Court or further
appeal for executive clemcncy is
made. Albert Barrett. the negro
charged with the murder OF w r
Roach. Charlotte County farmer will
be executed tomorrow morning at
the State Penitentiary. Governor
Stuart said last night that counsel for
the negro had had no further confer
encc with him. and that as the case
stood. the man would pay with his
life the penalty for the crime OF
which he was convicted Unlike his
son. he had a jury trial. and was
represented by counsel, and the Gov
ernor has expressed an unwillinEness
TO question the facts as passed upon
by the jury
In order that he nigh, inquire at
length into the facts OF the case, the
Governor has granted a 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 II plain that he had not looked
INTO the merits of the case, but had
granted the stay of execution that
he might have sufficien, time in which
to conduct an inquiry into the various
assertions made by interested parties
APPEAL MADE TO SUPREME
COURT FOR ELDER BARRETT
Counsel for the elder Barrett arc
making an effort TO secure an appeal
from the Supreme Court on the
Sound that no premeditation was
SHOWN IN the case, such as is ncces-
sary Tor legal conviction of murder
In the first degree. They point to the
TACT that tho prosecution admits that
Roach attacked the elder Barrett. and
that the son came TO the aid of his
rather with a heavy stick. The cir
cumstances are said to preclude the
possibility of the killing having been
premeditated 1t is also asserted thar
the jury fixed no penalty. but merely
found the elder Barrett guilty where
upon he was sentenced to death by
Judge Hundley.
There is no record of the court
proceedings, but the testimony has
been assembled from memory and has
been written out Judge F. w. Sims.
OF the Supreme Court, was petitioned
for writ of error. but refused. and
the case was then presented to Judge
Martin p. Burks. Upon his refusal
eHorts were being made late last night
to reach Judge r. r. Prentis William
II. Lancaster, of Farmville. counsel for
the elder Barrett al his trial was in
Richmond yesterday in the interest OF
the appeal. Associat ted with him in
the last-minute efforts to save the
lives of the father and son is Harry
NJ. Smith. Jr., of this city
LAWYERS DISAGREE
AS TO BOYS TRIAL
Directly conflicting statements were
issued yesterday in the case Of Au-
brey Barrett Barrett whose execution
has been stayed thirty days by Cover
nor Stuart. admits part il the killing.
but says he came to the rescue Of his
father. The older negro had counsel.
and was tried by jury. Appeal has
been made to the Governor for in
vestigation Of the boys case on the
ground that he did not have a jury
trial. was not represented by counsel.
and has now no means Of noting an
appeal to the Supreme Court
Judge George j. Hundley, who pre-
sided at the trial. in n signed state
ment issued yesterday. defends the
court procedure. denounccs the ac-
cused and attacks the newspapers as
trying to undermine and discredit the
authority OF the courts" lie refers to
State Senator Walter L. Addison, Of
LynchburG. and others who have laid
the facts in the boys case before Cow
ernor Stuart as "officious intermed-
dlers," and says that "any ignoramus
or crank can at his will besmirch the
reputation of any Judge. and have the
newspapers spread his slanders broad
cast over the State"
Judge Hundley. now In his eightieth
year. is regarded as one Of the most
distinguished men on the bench in Vir-
sinia. He served in the Confederate
army and later in tho State Senate,
and was elected to the bench In 1898.
WATKINS AND LANCASTER
DISAGREE AS TO FACTS
Judge a. d. Watkins. of Farmville,
who was acting Commonwealth's at
| torney. in a signed statement reasscrts
positively that the boy Aubrey Bar
| rett was represented by counsel, in
the person Of w. l.. Lancaster, Of