Evening star., 1923-10-21
GARRETT CONVICTED
OF KILLING PASTOR
Verdict for Second-Degree
Murder Returned After
Short DeIiberation.
By the Associated Press.

By the Associated Press.
CUMBERLAND COURTHOUSE. Va,
October 20--A verdict of second de-
gree murder with the minimum
punishment of five years in the state
penitentiary was the verdict late to-
day of the jury in the trial of r. o.
Garrett. Cumberland county clerk. for
the killing last June s, OF Rev. Il. S.
Pierce. Baptist minister.
"A motion to set aside the verdict.
as contrary 10 law and evidence and
for various other causes was made
immediately by the defense and
Judge B. d. White announced he
would hear arguments on the motion
in Richmond. November %.
Pending the outcome OF this argu-
ment, losing which, the case will be
appealed to the higher court, Garrett
was released on bond Of $4,000. The
state, through Commemorative At
torney Milton P. Bonifant and Attorney
Richard Evelyn Byrd, opposed grant
ing bond in any amount when counsel
for the prisoner moved for renewal
of the old bond of $4,000 Judge
White, however, stated he would per-
NIT a bond but increased the amount
by $4,000.
Trial Phase Ended.
The verdict today of the jury,
which was brought here from South
ampton county. under a change of
venue, granted at the request of the
state, brings to an end. for the pres
ent, the trial phase of a Gag that
has been regarded as one of the most
stubbornly fought and one If the
most remarkable in the history Of
Virginia. The jury deliberated Just
two hours and thirty minutes, and
predictions Of another hung jury
were being freely made when the
jurors. came into court and asked to
be told the penalty for conviction of
murder in the second degree.
Further consideration by the jury.
1t was understood. was over the Ques-
tion OF the number of years.
The trial had been In progress stnce
Tuesday morning, and was the second
time Robert Garrett had been put on
shooting to death of the Baptist min
lister at his home here, for which
both he and his younger brother.
Larkin c. Garrett, were indicted for
first degree murder. The latter also
was once brought to trial, his case
ending in a mistrial after 1t was
alleged three members of tho Jury
before going into the jury box ex7
pressed opinions on the case. His
case has been set for retrial Decem-
Der II,
venire Change Granted.
The jNry in Robert CARROTS first
trial came from Amherst county, Judge
White having decided after the Larkin
Garrett mis-trial that 1t would not be
possible to obtain fair and impartial
jury in Cumberland because of the
two factions in the county and which
were said to involve most of the clti-
zens of Cumberland. The state,
which has asked the change in venire.
also had requested a change in venue
but this was denied in each case.
Judge Whites action in sending out
side the county for jurS Is one Of
the chief grounds upon which the de-
tense bases its motion for setting aside
the verdict. It claims the court had
no such right until every effort had
been made to obtain a jury from
Cumberland. Instructions and the
charge to the jury also were other
bases for the motion. > The motion
was made by Louis o. Wendenberg.
The Garrett trial was fought with
four lawyers for the prosecution and
three for the defense. Attorneys r. e.
Byrd. r. H Mann. g. B. White and
Commonwealth Attorney NJ p. Boni-
FAINT of Powhatan. prosecuted the case
and attorneys L. o.. Wendenberg. H.
NJ. Smith and w. NJ. Justis, jr., repre-
Isented the defense.