Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-10-23
R. D. GARRETT GETS
F|VE: YEAR SENTENCE.
. ON MURDER CHARGE

CUMBERLAND COURT HOUSE,
Va, Oct. 20.-(By the Associated
Press.) "A verdict of second degree
murder, with the minimum punish
ment of five years in the state pen
itentiary, was returned late today
by the jury in the trial of r. O..
Garrett, Cumberland county clerk,
for the killing last June of the
Rev. l.. S. Pierce, baptist minister.
A motion to set aside the verdict,
as contrary to law and sVideuce and
for various other causes. was tmme-
diateIy made by the defense, and
Judge e. j.: White announced he
would hear arguments on the mo
ton in Richmond, November %.
Pending the outcome of this ar
gument, losing which the case would
be appealed TO the higher court,
Garrett was released on bond of
$35 900. The state, through Com
monwealh Attorney Milton P. Bon
ifant and Attorney Richard Evelyn
Byrd, opposed granting bond in any
oner moved for renewal of the old
bond of $4,000. Judge White, how
eevr, stated he would permit a bond,
but increased the amount by $4,000.
The verdict today of the jury
which was brought here from
southampton county under a change
Of Yenir@, granted at the request of
the state, brings to an end for the
+.i. Of
that has been regarded as one of
the most stubbornly fought and one
III the most remarkable in the his
tory of Virginia. The jury DELHI
Grated 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 ssSond
degree.
Second Trial
Further consideration by the
jury, it was understood, was over
the question of the number of years
The trial had been in progress
since last Tuesday morning and was
the second time that Robert Gar
rett had been put on trial for his
life as a result of the shooting to
death of the Baptist minister at
his home here, for which both he
and his younger brother, Larkin. c..
Garrett, were indicted for first de
gree murder. The latter also was
once brought to trial, his case end
ing in a mistrial after it was al
legged three members of the jury,
before going into the jury box, eX-
pressed opinions on the case. His
case has been set for retrial De
cember II. The jury in Robert Gar
rett's first trial came from Amherst
county, Judge White having decided
after the Larkin Garrett mistrial
that it would not be possible to OBJ
tain a fair and impartial jury in
Cumberland because of the two fac
tions in the county and which were
said to involve most of the citizens
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.
Jury Contest Made
Judge Whites action in sending
outside the county for a jury is one
of the chief grounds upon which
the defense bases its motion for
setting aside the verdict. 1t claims
the court had no such right until
| every effort had been made to OBJ
| tain a jury from Cumberland. In
structions 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. f. Byrd, r. II. Mann. G. B.
White and Commemorative Attor-
ney M. F. Bonifant, of Powhatan.
prosecuted the case and Attorneys
L. o. WendenburS, II. NJ. Smith and
w. NJ Justis, Jr.. represented the
defense