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©nbg /IbeWum jFot HU Hbvertiecrs IDesirfno Coloreb peoples' TErabe. Circulation <Buarantcco\ Special ©uotatiotis 7*Hpon Xar<je Bovcrtiscmcnt** )£x>erv Colored/lian Sboulbtfmve Zbis 3ournal in Ibis Ibome. .Jenna Itt Hovancc: $1.50 Ocr ©car. Sent to an? part of Tflnftco States ano Canaoa. VOL. XII. NO. ai. RICHMOND, VIRGINIA, SATURDAY, MAY 9, 1896, PRICE, 5 CENTS. POKEY NOT GUILTY. The Prosecution Breaks Down. THE PRISONER SECURES HER LIBERTY Hurried by Her Lawyer to Richmond Mow here.A Tragic Ending of tbe Oaae GB AMD OVATION AT THE THAIN Viai** the Planet Office .Joy Unrc- atrained.Poor Aunt Mary Ex-Judge A. D. Watkins. Common¬ wealth'* Attorney of Tri nee Edward County on Tuesday April ">. IN9& arose in the County Court at Karinville. Vu.- and after having declared that UaS GOSS* monwealth had utterly failed to make out its ease against Pokey Ran terinl a nolle proseipii. the judge pre¬ siding consenting to the sam" and the prisoner was diseharged from custody This was done in the face of the faet t'lHt thc two lawyers hired by Luiicn- Lurg County and the onmmonwraltli'*, attorney of the aforesaid county pro- lested against the same. Kx-.Iudge Watkins said he had earefully consid¬ ered thc responsibility of this course before he took it. The fact Pokey Barnes waa free waa quickly communicated to thia city and .spread like wild-tire. The following telegram from the cooneel was receiv¬ ed : "John Mitchell, Jr., Editor of the Planet, Richmond, Va. Common wealth entered nolie proa- equi in Pokey'a case. Meet us at nain." Although few persona were informed Ol thia fact the news spread and with¬ in ten minutes after he had communi¬ cated the information to those at the depot thal SSS would arri vt* at the P>yrd St. Station at 7 p. m. there waa a large crowd present. Af THU TUS THAIN AHKIVKll. Captain A. R Guigon waa off tirst and grasped Editor Mitchell's hand, then came the lion. George li Wine, the veteran. Ile showed that sturdy *atsfla*rrninalion for which he is noted, and aa his countenance beamed an ex- nreeaion of quiet satisfaction, (ieorge Bragg. Jr who had been in Karin vi Ile Mr. Mitchell through the car win- and called Pokey's attention to She smiled and was soon out to greet him. lier father Joseph Barnes waa with her. A carriage had been Jreviously ordered from Mr W. Isaac ohnaon, and was in waiting. To thia carriage Pokey was escorted amidst the multitude, a struggling mass of men, women,children all striv¬ ing to get a glimpse and shake the hand of one who had been bo near death's door She waa placed in the carriage and Editor Mitchell and her father joined her Then there was a mighty shout, "Three cheer* for .John Mitchell!" It- was given w illa a will and then was called out, "Three cheers for Pokey Barnes!" The demonstration was equally as marked. The party was driven to the Planet office. On the way they met Squire H F. Jonathan and he got into the carri¬ age- AT THE PLANIT OFF1CK. The news spread and white, colored, male and female aurged into the office. Pokey was seated in the editorial room and for ten minntes shook hands with the multitude. The drive to the reaidence of Mrs. Rosa D. Bowser, president of the Wo¬ man's. League and Miss Marietta L Chiles, secretary of the League waa equally as marked by the appreciation shown by those who gathered around the carriage. 'i hen to the Y M. C. A rooms, Mrs. Joanna Thompson's residence, Editor Mitchell's residence and last to the temporary home of Pokey, at Mrs. Bet¬ tie Graves residence, 818 N lat Street. The carriage was beseiged at all of these places. Windows were raised. Femalea in the kitchens, at the wash¬ tub, and seamstresses came rushing to graap her hand and call down blessings upon Lawyers Wise, Flournoy and Guigon, t z-Judge Watkins. Gov. O'Fer rall and the editor of the Planet. During the stilly hours of Wednes¬ day night, the First Battalion Band (atring) under the leadership ofMr Nelson Harrie serenaded Editor Mit¬ chell and Pokey Barnes. The music waa heavenly, the strains seraphic. Farmvillb, Va , April 28. When court convened thia morning however, Judge Flournoy stated thai counsel for the defence wished ti amend their motion for a stay of judgi ment,but before doing so I desire to set Mr. A. E Clement", who waa expectei to arrive on the train upon whicl Judge Mann waa also expected Court accordingly adjourned unti 1:80 Upon the reconveningof court Judg Flournoy addressed the Judge and ad vanced a number of strong argument why the verdict should be set aside Judge Flournoy contended that th testimony of Mr. White, Mrs. Thomp son and Phil. Watson had been imprc perly admitted. JUDGE MANN'S IMPROPER REMARKS. He also held that Judge Mann, i his address to the jury had made state tnents closely akin to the testimony and, therefore, improper. Judge Mann, be said, had told th jory that he would not ask them t convict the prisoner unless they wei morally certain of her guilt. "No thia atatement," said Judge Floorno; "coming from a man of the standing t Judge Mann all over the communit haa the greatest weight." Judge Flournoy alluded to seven other statements made by Judge Man in his a gument, which he characteri: ed as in his judgement improper, an calculated to have the same inflo**nc upon the minds of the jury as teatime ny. AMENDING THE MOTION. Judge Flournoy then atated that tl amendment of his motion of yester-da; which he wished to submit, was aa fo lows: "The prisoner also movea tl court to set aside the verdict, an grant her a new trial upon the hirth* grou i I that the evidence of Mrs. Clen ita. Mrs Martha Thompson. H A. h 'lute, and Phillip Wataon. respecting p atemeuts made tf- them by the pri- b mer, should not have been permitted I > be laid before the jury." jh MAKING «\ I'Ll NATIONS. .Mien Judge Flournoy had finished his rief argument in favor a new trial b udge Mann,in a few words, stated that 1 e li-id had no intention to ma e any / tatementa in his argument which t night tend to prejudice the minds of fcj he jury. He explained that he lind ( ot used the exact worda attributed to | lira by Judge Flournoy, but admitted j hat he might have unconsciously con- *. eyed such an impression in different v cords, lie said that he had endeavor- f d to carefully guaid himself from any I -xpressions of individual opinion, and' \ tad cautioned tLe jury to pay no at- j ent ion to any expression of hie which vas not borne out by the evidence. f t Captain Wise then addressed the f .ourt in favor of a new trial. He con-J t ended especially that theorisoner was t, 'iititled to a new trial * ince her answer j :o the questions of Mr. H. C. Gregory J n the Richmond jail had been exclud- j id from the testimony. He also dwelt' i at length upon the admission of the j] evidence of Mr. White,Mrs. Thomp-' i MO and Mrs. Clemente, which, he said, j should not have been admitted under toe law. THE JUDGE CON8IDER8 Mr. Southall replied briefly to Cap¬ tain Wise, but did not enter into any argumee.c of the case. Judge Crute said that he would look over some au¬ thorities and meet the lawyers at the court-room next morning. Captain Guigon th -ti announced that he wished to submit a motion for a postponement of the case of the Com¬ monwealth against Pokey Barnes until the next term of the court. V Sr IT TO PROCEED. Pokey Harnea waa then brought into court,and Captain Guigon addrear-ed the Court in advocacy of a contin¬ uance. He said that they wished a c ntinuance for various reasons. The nrst. he said, was that they were phy¬ sically unfit to go on with the case. They had been in a great strain for ten days, and did not feel that elasticity of mind which they should have when undertaking a case where human life waa concerned. The second reason waa that they had been already away too long from their private business affairs, which would suffer thereby. Lastly Captain Guigon said there was an indefinable, all-pervading some¬ thing in the atmosphere, which waa the natural result of the verdict juat rendered in the case of Mary Aber¬ nathy, which, in his opinion, would militate against that fairness, impar¬ tiality, and charm-as of judgement so necessary to a just decision. For these three reasons, aaid Captain Guigon, they wished a continuance. THE PROSECUTION OBJECTS. Judge Mann, forthe Commonwealth, aaid that aa an individual he would be glad to a post (lone ment, but he did not leel at liberty, under the circumstan¬ ce a to consent to it The Common¬ wealth waa ready, all the witnessea were present, and the case should be disposed of He called attention to Mr Pollard's feeble condition, and urged that it was imperative that the case should be disposed of at this terni WOULD NOT GRANT IT. Judge Crute said that personally he would be extremely glad to continue the case, but he did not think that he was at liberty to do so upon the rea¬ sons advanced by the defence Judge Crute continued firm, al¬ though again urged by the defence, Captaina Wise and Guigon stating that they would be compelled to be in Kich- mond next week, whether the case was finished or not. Judge Mann said that the Commonwealth, he thought, could get itrough with their witnesses in one day, and that he thought it probable the case could be finished this week. EXCEPTION NOTED. The defence excepted to the refusal of Judge i ru te to continue the case To-morrow will be given up to dis¬ posing of the motion of the defence for the setting aside of the verdict found against Mary Abernathy. REFUSED A NEW TRIAL. Farmville, Va , April 29 . Court was in session only a few minutes to¬ day, the jury in the case of Pokey Barnes having been directed to be present at 10 o'clock to-morrow Court was opened at 10:30 o'clock, counsel on either side being present and Judge Crute stated that he had carefully examined all of the evidence in the case, so far as it was obtainable and also referred to the authorities cited by the defence in their argument for a new trial. bis reasons given. After carefully meditating over tin matter, he said, he had decided thai it was his duty to overrule the motion which he accordingly did, the defend excepting, fourt waa then adjourned and Judge Crute took the 12 :36 trail for Bedford < ity, where his son is con valescent, after an attack of pneumon ia. TO APPEAL TO A HIGHER COURT. Counsel for the defence have beei busy all day preparing their bills of ex ception upon which the Abernathy eas will be taken to the Supreme Court To-morrow morning they will be sign ed by Judge Crute but little is being discussed her now except the Pollard murder case and the primary election for munici pal officers, which takes place to-moi row Counsel for the Commonwealt in the Pokey Barnes case claim thu the evidence against her is as strong, not stronger, than that in the Abei nathy case. Defence, however, thin that the result of the trial will not bet out this assertion. bills op Exception. The four bills of exception prepare by the defence are baaed upon the ei elusion of Mary Abernathy's answer t li. C. Gregory in the Richmond jai and upon the admiaaion of her answi to Mr. White, who asked her how st knew that the man she saw waa Soli mon Marable. Farmvillf, Va., April 30, '9 Counsel for the Lunenburg wornt despite their protests were forced enter upon thu defence of Pok< Barnes. Broken down, dispirited well aa disgusted by the action of tl Prince Edward County jurors in di carding the evidence and bringing in verdict of murder in the first degr against Mary Abernathy, they had y rallied and stood ready for the gre legal bat tie this morning. There waa a prevailing opinion th the jurors were secured in too easy manner to expectother wiae than th too they would convict Pokey Barn* It waa decided to watch every poin note every exception with a view aving the case reversed by the Su- resas Court of Appeala. Pokey was rooght in court by the colored jailer lr. Ma thews, and took her heat be- ind her counsel, Ex-Congressman .eorge IV Wise, ex-Judge H. W. Flour oy, and (apt. A. B Guigon. The commonwealth was represented >y ex-Judge W. H Mann, of Nottaway. ,uncnburg County's Commonwealthi . attorney W. E. Neblett, Amelia Coun- mmonwealth's ttorney R. D. .outhhll and Prince Edgard County's ommonwealth'a Attorney A. D. Wat¬ kins A venire of farmers from the upper md of the county, in the neighborhood .here resided the brother of the un- ortunate Mrs Lucy Jane Pollard, had leen summoned and the work of em- mnelling the jury commenced. They were celled forward, four at i time, and interrogated by his Honor fudge Crute as to prejudice for or a- ;ainst the prisoner; whether or not hey had formed any opinions as to the juilt or innocence of the prisoner at ¦he bar, and whether or not they were >pposed t i capital punishment. COUNSEL POR THB DEFENCE. When Judge <~rute bad finished with ,he veniremen counsel for the defence >ut them through a course of ques¬ tion*. Being interrogated by Wise, Juror R. T. Carter said that he had been reading about the trials of Solomon Marable and Mary Abernathy in the Richmond papers, but he did know positively whether he had expressed an jpinion as to the guilt or innocence of this prisoner. HAD DOUBTS BUT ACCEPTED. He said he had doubts in his mind as to the innocence of Solomon Mara¬ ble and Mary Abernathy, but had not read anything about the case of Pokey- Barnes Mr. Carter was finally accept¬ ed Mr. C. F. Binford was the next ve¬ nireman queationed. He said he had read a Mne about the case since the trial at Lunenburg Courthouse, except the 23rd of this month. HAD NO PRE.IUDI' He declared that he had nopreiudice whatever for or against the prisoner. The same statements were made by Megara.'F. R. Allen and Bedford Brown and the trio were accepted and took their seats In the jury-box. Mr J. P Mcfiraw, when asked whether he had formed or ex pref sed any opinion as to the guilt or inno cence of the prisoner at the bar, said that when the murder was first, com¬ mitted he might have expressed some opinion concerning it; but not as to the guilt or innocence of the priaoner. STOOD HIM ABIDE. Hs had only read the testimony in the Marable catie, concerning which he had formed a fixed opinion. He had f >rmed a sort of impression, based up¬ on rumors, and, at the suggestion of Captain Wise, this venire was told to stand aside until the remainder of the venire could be examined Mr. CO. Carter declared that he had read none of the evidence, and had not discussed the cases much. HAD TALKED BUT ACCEPTED HIM. lie had talked with some of the ju¬ rors in both the cases of Marable and Mary Abernathy, but he was sure that he was capable of giving the prisoner a fair and impartial trial. He and Mr. ,1 V.. Gilliam were both accepted. Mr. M. W. McGraw's answers were similar, and he was eelected asa juror ; Messrs George T. Butcher, J. J. Over¬ ton and H. L. Womack gave satisfac¬ tory answers to the question propound¬ ed, and took their seats in the jury- box. PECULIAR STATEMENTS. Mr. L. T. T. Baker said that he had read only a little of the evidence, and had talked to some of the jury in the Marable case, and had evidence on his mind which it would require evidence to remove. Mr. Wise made the same objection to Mr. Baker that he had made to Mr J. P. Met raw, and asked him to stand aside temporarily. THAT KICKING JUROR. Mr. R W. Fuqua had been reading about the cases all along, and had kept up with them fairly well, but had not been influenced, and could give the prisoner a fair and impartial trial. Mr J. M. Womack was also satisfied that he could give the accused an im¬ partial trial, although he had read most of the evidence in the previous cases The same statement was m. de by Mr George Smith, the last of the panel and the last three named were accepted as jurors. MORE SUMMONED. Mesars J P. McGraw and L. T. Bak er were then recalled and interrogate* by Judge Crute, but, it appearing tha i they had formed opinions which i i would require evidence to remove they were discharged. Thia left onl; thirteen who were qualified to serve and the law requited sixteen. Judgi Crute, then, issued a venire facias and Sheriff D-ckerson and an assistan were dispatched into the country fo additional jurors. Court then took recess for dinner. AFTERNOON SESSION. Court reconvened at 4:30 o'cloci and, finishing the work of getting jury, went into tbe testimony,only ad journing shortly before 10 o'clock t night Messrs C Loverton, William Atkin s>n, and W. M. McNult were seiecte as jurors from the special venire r< sponding to the summons of Judg Crute FOUR STRUCK OFF. This made up the panel, and the di fence struck off Messrs M. W Mc^ra George Smith, Bedford Brown and ( C. Carter The prosecu"ion at once began tl examination of witnesses for the Cob mon wealth Mr. ES. Pollard, husband of ti murdered woman, was first called, ai he rehearsed his oft-told story of tl horrible tragedy. MR. POLLARD'S CONDITION. Mr Pollard appeared to be mu< feebler than when he first came he as a witness in these trials. His e\ dence on both the direct and eros examinations was substantially t same as that given by him in the ea of Mary Abernathy, which waa ful published in the Planet. There we a few new features to his testimor He said that about a month before t murder he had counted out his mom loaned J. H. H. Thompson $100; i counted the notes; r labelled the poe et-book, and put it back into the leat er cases, and restored these to their i cuatomed place of keeping. MENDING THEIR HOLD. Mr. Pollard also stated that his st* ment that he left his home on the af ti noon of th** killing for his field, rea< ing the latter place about 4 o'clock, waa based upon s guess, so I sa the time was concerned. Hs a estified thai he did not feel any part if his wife's dead tiody upon reaching he 6cene of the murder, to ascertain f there were any warmth in it, further han to lay his hand upon her fae THAT OKEQORT WITNESS. Emma Hardin*; (colored ) wss the se- :ond witness. She was introduced by he Commonwealth to prove that there tad been bad blood between Mrs. 'ni- ! ard and Pokey Barnes for months lie- ore the killin^. CAPT. WISE OBJECTS The defence objected to this evi¬ dence, and tbe jury was taken out, in >rder that »he exact nature of the eFtimony might be understood by the jourt and the QOUSeel. The witness vent on to say that one day in August, she and Pokey Barnes and a sousin of hers were passing through Mr. Pollard'a place, and met Mrs- Pol- ard at the gate leading to the house. Vira. Pollard spoke to Pokey, saying hat Mr Pollard had already caution¬ ed her about going down to his vege- ishan neleh Mra. Pollard told wit¬ less if she would go with her to the louse she would give her a mess of .egetables. MORE ABOUT THIS CONVERSATION. Mrs Pollard also asked if that vias not Pokey Barnes, and received a iv af¬ firmative answer from the prisoner, which was accompanied by an oath Pokey was then told by Mrs Pollard that her husband had forbidden her (Pokey) to go upon his premises,warn¬ ing her to go around the road in future. Pokey's reply to this was, "I'll go where I d-n please; I ask you no ' t odds ; you-(f* cling in the bosom of her dress), the next >im-> I catch out, hell is certainly your home. Yes, you ; d.n you, I'd kill you right now if I had anything to kill you with .'' OF VITAL IMPORTANCE The admissibility of this evidence was argued at length by counse1. on both sides. Judge Crute being of the opinion that the question raised was of vital importance, took time to con¬ sider it. stating that it was the first time that he had ever delayed a trial for such a purpose. Court then ad¬ journed; until » o'clock to-morrow I morning Farmvillk, Va , May 1. 1896." \ To-day has been a most lively and in¬ teresting one in the trial of Pokey Barnes. Three sessions were held and a number of witnesses examined. The defence so far may be said to have the beat of the argument. as mo a liar as was marable. To-day they forced Ellen Gale, who is a star witness forthe prosecution, to confess herself a perjurer, second only in proficiency to Solomon Mara¬ ble. The main fight of the day, however, waa over the admission of the testi¬ mony of D. J. Gregory, who stated that he had measured tracks found in the lane leading to Mr. Pollard's house and that they corresponded to fool prints of Pokey Barnes and Ellen Gale. QUESTION WITHDRAWN. The question which provoked this answer was temporarily withdrawn by the prosecution Major J. H. Derby¬ shire, and Mr Hugh Cardoza, who ar¬ rived from Richmond to-day. will go on the stand to-morrow, when testi¬ mony important to the defence will be brought out. They will return home to-morrow night. DECIDED TO ADMIT IT. When court opened the jury were taken to their room, and Judge.Cute announced that after thoroughly look¬ ing into and examining authorities he had come to the conclusion that it was his duty to admit to the testimony of Emma Harding, in regard to the diffi¬ culty between Pokey Barnes and Mrs. Pollard in the month of August pre¬ ceding the murder. Defence except¬ ed to this decision. THAT OTHER WITNESS. Emma Harding was then placed up¬ on the stand again, and. in reply to the interrogatory as to whether she knew of any difficulty between Mrs. Pollard and Pokey Barnes prior to the murder, gave the answer reported in yester¬ day's proceedings, with a few varia¬ tions, and embellished with a number of oaths. The witness said that when Mrs. Pollard reminded Pokey that Mr. Pollard had forbidden her to comoon his place, she replied : "who is old man Pollard? If he were to do right and pay his debts, he wouldn't have land enough to be buri¬ ed on " DAMAGING CHARGES. The witness also testified that Pokey said that if she could catch Mrs, Pol¬ lard out anywhere, hell would be her ' home. Mrs. Pollard then said : "Very well; when Mr. Pollard come- to-night I am geing to tell him thal you threatened my life " To this the witness said. Pokey re¬ plied that she might tell him, but thal she was going to kill her, if it was tht last thingshe did. The witness gave in her testimony with great volubility, accentuated b] the fact that she stammered badly, anc repeated each word about three ti mei on an average. POKEY'S DISDAIN. All the time she was on the stand th witness was regarded by Pokey with si air of SXtT* me disdain. Judge Flournoy took the witness i hand and cross-examined her severely but she stuck to her original story wit a good deal of accuracy, al thong somewhat dismayed by the showers c questions. Emma said that she had never tol anybody about the quarrel except Mi Russel, at the tan yard. GREGORY AGAIN. The only time she mentioned th matter afterwards waa to Mr. II. ( Gregory, after she was summoned t be a witness in the case. She had gor to Mr. Gregory's house, she said ai had told him all about it. Thia .ha] pened, she said, about a week ago. "Why did you go to Mr. Gregory 1 asked Judge Flournoy. On this point, the witness was hai to handle. t--^v vnm wwt TO ANSWER. She fought in every possible wi against answering the question, sayii that she went there on a visit. Judj Flournoy plicdjher with questions to why she went, and finally asked t! direct question: "Did Mr. Gregory Bend for you?" The witness after a slight pause, ¦ knowledged that her brother Alb* had brought her a note from Mr. Gre ory. She gathered from the note, s said, that Mr. Gregory wanted tos her, but did not know what he want with her. After she got to Mr. Gre ory's, she aaid, he asked her what h passed on the occasion of the quarn US JJAD HRH SUMMONED. She avid him. and he hud her sui moned as a witness. Captain Guigon then took the w ile sr- >.h :80 ar Iso POKEY BARNES AND MARY ABERNATHY. "The one shall be taken and the other left ".Matt. xxiv:4l. ieas in hand and succeeded in making w ier contradict herself if) a number of particulars. MOVED TO STRIKE IT A the cloae of her examination Cap- ain Wise moved to strike ont her tes- imony. Thia motion was overruled, ind counael for defence entered an ex- option. t-usan Thompson, repeatedly referred » by the previous witneas aa the 'Cousin Sl.8 m" who had accompanied ier on her visit to li-r father's house in the day that the allc->?^d difficulty ook place between Pokey ano Pollaid, was next plae<»d on the stand, me testified that she had been pres- mt at the ditficulty whicrh. occurred jet .vcen Mrs. Pollard and JPokey, and hat it had happened di/ring August irevious to the mm * I'llG (|(JAKH*.b A 1>*JII1 IMIUIUO. Susan aaid that Mia.'Pollard had isked Pokey whether she*had not been ;old to stav off the place, and accused ier of stealing vegetables from the narden. Pokey replied thTit this was a ie : that she had never hafen to the gar- len and taken her vegetables. She said she would give Mrs. Pollard some regetableS it she came IJO her house, rhe witness said that the two quar¬ reled for some Mme, and Pokey began Lo foam at the mouth. WU.KKD OFV. "'Den," aaid Susan. "I walked off, 'c.uice 1 was sick mid rpiarling 'aturbs me. Now, dat'a de trtofo, and nothing but de trufe." But few new facts were elicited from this witness under OHsSf SI¦initiation She contradicted the statement of the previous witness, however, who stated that there had been no conversation concerning the difficulty with Mrs. Pol- I lard a> they walked along the road ju6t after it occurred. Susan said that sin- had upbraided Pokey for bein,; so rough to Mrs. Pollard, and that Poke] had admitted having been too seven, saying that she knew her temper was too high anil she often said things that she ought not to a*y. LAUGHED IT OFF. The witness said that Pokey laughed the matter off, and no more was said about it. Old Susan gave her testimony in a calm, deliberate fashion, lt corre¬ sponded in many respects with that of Emma Harding, with the exception that Susan had not beard Pokey make any specific threat against Mrs Pol¬ lard's life. Susan Thompson gave way to Ellen Gayle, who has often been mentioned as being possessed of some information hitherto not brought to light. THAT MKD'OAL EXPERT. Before her examination, however, Dr Peter Winston, of Farmville, was puter, the stand, and asked how long it would take for nil animal heat to get out of a human body, weighing about 180 pounds, in a temperature, such as usually prevails during the month of June.* Ile replied that it would takt not less than three hours, and that the extremities would cool first. TRYING TO EQUIVOCATE. Dr. Winston was asked substantially the same quest iona as those propound¬ ed to him in the Abernathy case, and his replies were identically the same He stated, however, that if the large arteries that supplied the head had been severed and the loss of blood had been great, the cheeks of the corpse might become cold in less th nu threi hours. Dr Winston then left the stand, and the examination of Ellen Gale was be¬ gun. She said she lived In Charlottt county, near Fort Mitchell. THE STAR WITNE88. She saw Pokey Barnes at her house she said, on tl.e day of the murder O Mrs. Pollard, wnen Pokey came to hoi house, about li o'clock, sa)ing sin had been to Vlr Clyde Fore's to deliv¬ er some clothes she had washed. Pok ey, she said, stayed at her house unti after 13 o'clock, and begged ber to le her have a chicken, saying, if she did she'd give ner some meal and a ares for her child. *vhe gave her the chick en, and then Pokey said she wouli have to go home with her to get th meal. THE TRIP ON THAT FATAL DAY. On the way they stopped at Mi Fore's and Mr. Weatherford's. Afte which, accompanied by Ben. Knigl and Charlie Bailey, they went on t Pokey's house, where the latter cooke something and they ate . after whic they laid down in the floor for a fe minutes. About that time Betsy Ell Mary Craighead and Rosa Banu walked up, and, after staying a whil Betsy Ellis asked Pokey to come g with her. Then all of them, excel Rosa Barnes, went on towards M Thompson's. THE PRISONER'S MOVEMENTS. After going part of the way she ar Pokey turned back, and started to r turn home, and came to a place tin did not exactly know. The wittie said she remarked ; "Thia don't loi like the way we came," and Pokey r plied: "No, it don't." They kept going on until they can to an old gate place, where witne stopped, and said she would not through that way. Pokey then sai "I am going through here a little wa THAT IMPORTANT HALF HOTTR. You wait until I come back." Ellen aaid she supposed she wait for about half an hour at that gap I f*ire Pokey came back. In an8wer to a question from Jui Fuqua, the witness said she had 1 a^ked Pokey where she was going r had the latter told her. After Pok cams back they went to Pokey's hou rd it- here the witness again laid down, as e had a severe headache. "Ellen, what time did you, Betsy .His and Mary Craighead leave Pok- y's house ?" aaki d Mr. Southall. "When he got down by the fodder- tacks in Mr. Fore's field the 4 o'clock rain went along." TUB OLD GATE PLACE "Where is that old gate place you nd Pokey came to?" "It ia somewhere back of Mr. Pol- ard's house " "How far is it from the house ?" "I don't know, but it ia not tery I you turn back at the gate- * Yes sir." "Did you ace Poker aiter y*u turned u-k?" 'Once; she waa walking along v* ry 1., . :_ »u.. A:_tl. _# »«_ i»_it._j>.. av/** III V*** \A il *r*>-* It/11 Ul .til ¦ U1IBIU O louse, and had got down in the lane eading to tbe stable." MORE ABO0T THB DRESS. ' What kind of a dress did Pokey lave on that day?" "1 think it waa some kind of an old due dreas " Wittiest said she waited for Pokey at .Ir. Fore's and Mr. Thompson's line ence, in sight of Pokey's house. When Pokey came back alie did not come the raj that she went, but came round (he fence." "How did she look when she got jack?" NO EV1DBNCEOF CRIME. "She looked tolerable warm. The weather was hot." "Did you notice anything about her clothes?" "1 here was one snag in her coat." "Why did you turn back?" "Because 1 knew Pokey was not al¬ lowed on Mr Pollard's land: and more than that she had taken some nine or ten chickens, and 1 did not want to go through with a person like that." The witness said that in returning to Pokey's house they had gone back up a a uk place in Mr. Fore's field They had g< ne that way in order tobe able to erOSS the brunell. The witness did not know exactly what time it was when they got beck tol'okey's house. Shs immediately laid down, and stayed there until Betsy Billa came back from Thompson's after cherries. nU WAV TllKY Wi Betsy stayed there a while and then the] walked out together and went round the road. When they came near where Mary Barnes was working in the field she called and asked Pokey to bring her some water. Pokey said she eould'nt do it. as she had nothing to bring it in. Witness got Mary a buck¬ et of water herself. After the old woman drank, they all went away, and when they got not far from Poker*! spring they heard the bell al Pollard's begin to ring. THE KINlilSO OK TUE KELL. Pokey said it was ringing for hei mother, lt continued to ring, however and Pokey said something must bc ti matter with Mr. Pollard. Pokey thei ran toward the house, followed by al the hands from Fore's field. Witnesj heard later from Gracie Knight ant Ben. Knight that Mrs. Pollard hat been killed. She then went hollie. The Witness said .he did not think i took more than half an hour for her self and the others to walk from Pok ouse to the place where she am Pokey had parted with the others, am thence to the old gate place. A RECESS TAKEN. At this point counsel for the ilefenc asked that a recess be taken until al ter dinner, as Major .1. H. Derbyshin who was expected on the 12:36 trail bsd. the statement of this witness pn viously sworn to, and they wishe to have it before beginning the eros: examination. This request was accede to. and a recess taken. Major.I. H. Derbyshire and Mr Hup Cardoss arrived on the noon train, an when court reconvened the cr animation of Ellen Gate was at oik begun by Captain Wise. LIVING THERE ALL HER LIFE. The witness testified that she hi been living in the neighborhood of M Pollard's house ali of her life. In vic of this statement. Captain Wise mai the point that it was singular that aft living all her life in the neighborhoi of a place she should ha\e been coi pletely lost at the old "gate place where she bad stated that Pok Barnes left her and went ta Mr. Pl lard'. 1SS11 LSQ IIKK ACCI RAI V. Captain Wise t hen tried the SCOUTS of the witness as to time and distant but found that it was almost altoget er guess-work with her, the BOO her thermometer. Taking a previous statement made her. Captain Wise cross-examined I rigidly as to every point in her test in ny given this morning. arno**, 'Didn't you tell at Lunenburg Co house, and didn't you tell two won re you got to Lunenburg Cou M j house, tUssA Pokey Barnes.'vas not < ss of your sight one single instant dur ro the walk that afternoon?" asked (' d : t aili Wise. ty. | "If I did it was because I un¬ afraid Of Pokey. She had beat one j man nearly to death." "Didn't you tell the court and ed women that Pokey was not out of y [ghi that afternoon?" .Yes, I did," replied the witta or "but it w n- afraiii lot Pokey." or | p_ I CONFESSEO HERSELF A PKRJUROB. .s , "And so you acknowledge that lld a lie under oath?" said Captain I'ontinuing, lie asked the witness what .DOO they wert* whom she told lat. Pokey was with the whole even- »K- "I didn't know nothing about who ho they were." replied the witt* "Didn't you tell Betsy Kllisand Mary raighead about it ?" "1 never told Aunt Betsy or Mary othing." 'n't you tell that gentleman icre." asked Captain Wise, rising to is feet mn! pointing to Mr. Hugh Car- ->/.-t. "that von never left Pokey that fternoOB? Ile whs in soldier clothes hen you last saw him. but he is the une man. Didn't you tell him that'.'" "If 1 did it was In-emist I was afraid f Pokey. If I told him it was in the Durthibuse." "You say you were afraid of Pokey hen there was a whole regiment of Bol¬ to protect you?" Miers or no soldiers,"' -aid the itness, "all that Pokey wanted was to et IiHise and get to BM Tbe witness then began to tell of ume of Pokey's pugilistic exploits, but saned bj counsel for the defence, nd JudgeCrute sHid he would see that ht-did not offend again. MOKE INACClRACIES Thc cross-examination of the witness ros spun out to considerable length. ind a few other iiinccuraciesdiscovered. After Captain Wise got through with ptain Cuigon took thewitn land, and exnminod h««r part icularly as 0 her parting with Pokey at the old 'gate place." She said that when Po- tej went through there she did not ask ier ( Ellen ) to go with her, but said to ier. "Why wont you go '.'" She also estified that-when Pokey came back, ifter an absence of half an hour, she ind a bunch of sumac in her hand. .ll DOE FLOCKVOY ASKS QCESIIONS .Judge Flournoy then took a turn at lhe witness, who occasionally showed <ome slight symptoms of temper, but kvas not able to extract anything new [orin her She did not seem tobo n wil¬ ling wit nessi ns far as the defena -oncerned. v.''er s few more questions she wnsdis- ..oiu David V> illinois v\.-ts pul OO the stand : WAS '¦ viki n. He said on I murder be WBB working for IV h. Kort', in a field adjoining Mr Polia : ni sight of Pokey Burnes' hoi. He had seen Pokey. B. Cale. Rosa Barnes, and Mary Cra;,mead leave Pokey's house just before 4 t*JS»^<_k in the afternoon going toward l^r^^Ba - anti some time later lu- saw Pokey Barnes and Ellen Gals come back to¬ gether. nu. sot know now i.tso. Ile did not know how lom/ from Pokey's house, but each man was enrryi ng two rows. They had completed two sets and were on ¦ third when the women came back He did not know how long the rows were, but the the corn was badly miss¬ ing .Judge Mann requested thal the jury be sent froni the room, in order than the court might pass on a question to which he thought objection would be raised. .Judge Mann asked the witness w bet¬ er he had heard Pokey say anything after the murder. am H A i > SAID NOTHING TO HIM. . He said that Pokey had not said any¬ thing to him, but hs had heard her tell¬ ing her cousin before her arrest the second time that she wanted to si onon and she wanted to see bim. She said also, w it ness stated that Solomon was keen, and if he knew anything about the murder or money they would never lind it out. The jury was brought back and ibis testimony submitted to them I'Al'T. OPHION KXKUrlSKS ms an Defence began to examine the wit¬ ness Who Stated after great exertions OD the part of Captain Guigon, to draw him out that he was pretty contident that Pokey and Ellen Cale were not gone from Pokeys house on the even¬ ing of the murder mort than thirty minutes. Mr Clyde Fore was the next witness. He stated that he was work¬ ing arith the hands in the field thc day- Mrs Pollard was murdered This completed Mr Fore's examina¬ tion, tbe defence stating that they had no questions to nsk him, and Mr AF Clements was put on the stand. Ht again gave in the evidence, already tw ice submitted by him, in regnrd t< his visit to Mr Pollard's house oe thi e\ ening of the murder. THE DISTANCE FROM THE HOI "Mr. Clement," said Mr Southall "it has been testified to here as to ni old gnte place down in the lane fron Mr Pollard's. How far is this plSMM from the house?" "Oh, it is seventy-four yards fron the stable-yard. "How far is the sunk place?" "About forty yards, I think " By the help of the chart of Mr Pol lard's place, Mr Clements |showed th jury the different fences and pim [oded to in the testimony of w-itnesses The witness testified that Pollard' house could be seen from the old gut place, but after a person got down i the sink it was not visible. Mr Clements said that the length i the cornrows in Fore's field was SI yards according to measurement by surveyor's chain. He did not kno whether there were any tracks in til lane lending from the old gate place to the house or not. Mr Clements sai that hs thought it would take a nm shout '20 minutes to replant two rOWS corn 1*6-1 yards long, when the groin was hard, nnd the corn one-third mis ing. KNEW BETTER THAN aTS Mr Clements thought, however, tb Mr. Fore, who hud the work In chnrg and bad put the time at 15 minutt ought to know better than himself. THE OTHER OREGORY. Mr. D. J. Gregory waa next put < the stand, and testified that he we down the lane to the old gate-pla the day after the murder, and h; found three tracks. There were tv left-footed tracka of bare-footed pe sons coming in the draw-bars towar the house, and one going out. "Did you measure those tracka?"aa ed Mr Southall. "1 did." "Did you afterwards measure t foot of any person that correspond with them?" :irt len rt- >ut ing Bo¬ ich CAPTAIN WISE CALLS A HALT. "Walt one minute," cried Capt! Wise. "Where ia that measure?" "I took no care of it after the I nenburg trial," replied Mr. Gregory The jury were taken from the roc in order that the admis-ability of question might be argued, and witness stated that he had measu the feet of Pokey Barnes and El Gale, and that they had correaponi exactly to the foot-prints in the lan THORS TRACKS IN TBS LANE. you He explained that the coronsr's j two our of id taken the two women down to the Kl neon Hie evening after the murder, C. id made them to walk along the lane ht trough the sand, aud the tracks' ere measured. After thoroughly questioning the m itnesses, counsel for Uw defence ob-J cted to the admission of the testimo-j t. Captains Wise and Cuigon urged { lat it shouid be excluded. Vena-1 ar ent - were made on either! wi de, the earnestness of counsel prov- ( lo g that they regarded the point a8 a( st tal one. IIROTHER ORKGORY POUND THEM. When they had concluded, the wit¬ hes explained to the Court that the * acks had been found by Mr. W. W. j ettus and his father, Mr. H. C. Greg-j ry, and a measure made by the latter,' id given to the witnea, who meaaur- |. 1 the tracks. He had put the stick ito the pocket of a coat in his room, nd had not seen it si nee. The Judge took the admission of the »stimony under consideration, and jurt adjourned until 8:30 p. m. BE DEFENCE WITH-DRAWS THE O.UKH- TION 1" The night session of the court began t 8:30 o'clock, with Mr. D. J. Gregory till upon the stand, and that the pros¬ ecution stated that they would for the resent withdraw the question as to whether anybody's feet had been measured to find whether they cor- esponded with the tracks found in the ano by Gregory and Mr. Pettus. The witness was examined in exten- o aa to the tracks, and explained that , he reason only left-foot tracks had >een found, was because the right feet »f the parties who entered had been ipon hard ground, the left foot being daced on sandy soil, cut up by stock. STOOD ASIDE. After a severe cross-examination, he witness was told to stand aside, vith the understanding that he would ie recalled later. Mr. J. K. Eubank then took the stand ind testilied that he went down the anc leaping to the old gate-place ear- y Saturday morning, and had fouud wo bare-touted tracks going out of ,ue draw-bars and two coming la next o the left-hand post going out. WHAT BROTHBB EUBANK rOUNI). Mr. Eubank said that he had examin¬ ed all along the lane, and at tbe corner of the yard fence he found where some uni- bad gotten over the railing, and the print of their feet was upon the plank. He also found at this point a of cloth ab--ut mn inch square tern out of a garment. At this point, before the witness told any toing more about this torn piece, the jury were sent from the room. Mr. Kubank then continued, stating that there was a sharp splinter upon the fence a point where this party got which had caught her dress and torn out a square piece of blue cloth. THE CLOTH IN EVIDENCE. Mr Eubank said that he did not know where this piece of cloth was, that it had aeon handed around to sev¬ eral persons to look at, and had not been returned. The defense stren¬ uously objected to tbe admission of this testimony, claiming that it was secondary evidence, tho piece of cloth ot having been produced in court. Before arguing the question Mr. Eu- ban'v was questioned further, and, in ordrr to test his knowledge of colors he was shown a piece of cloth, which he promptly pronounced blue DIDN'T KNOW THE COLOR. "It happens to be green," said Cap¬ tain Guigon, amid suppressed laugh¬ ter around the court-room. Judge' Crute said that this question having been raised he thought the witness ought to have a chance to look at the cloth by day-light. lt was agreed therefore, that the question should be passed upon to-morrow, and Mr. Eu¬ bank left the stand. WORE NO SHOES. Mr. H. G. Fore waa then put on the stand, and asked if he knew whether Ellen Gale and Pokey Barnes had on shoes the day M»-s. Pollard was mur¬ dered. He replied that they were both bare-footed. Mr. Fore then left the stand. The prosecution announc¬ ed that they would recall him later, and court adjourned until 9:3. o'clock to-morrow morning. ..u- im, the the red len led e. Farmville, Va., May 2, 1806. It was expected this morning thal the prosecution would pursue furthei the line of questioning begun yester- Ut»y. with Magistrate J. F. Eubank ot the s.and to prove that the piece o blue clotn found by him on the bael fence of Pollard's yard was torn fron Pokey'e dress on the en ng of thi murder as she climbed over. DROPPED IT. This was not allowed,however,ar.d i is understood by the defence that thi prosecution has droped the matter. The only question that the prosecu tion has reserved the right to reopei ia concerning the tracks alleged tv have been made by Pokey and Elle: Gale on the evening of the murder i the lane back of Mr. Pollard's house. THAT STICK OF GREGORY. It is said that the stick with whic the tracks were measured will be in troduced before the close of the tria Mrs. A. E. Clements waa the fin witness put on the stand when com reopened this morning. She testifie that she saw Pokey Barnes while ui der arrest for the murder of Mrs. Po! lard, and heard her say that she hope Solomon Marable would be shot befoi lie was brought back, for there was ii telling what kind of tale he waa goir to tellor who he would put in it. Mr Clements said this statement wi made in her dining-room on a Sut day. This concluded Mrs. Clements' e: animation, and Mr. H. A. White w put on the stand. KNEW HE HAD MONEY. He waa asked whether it was knov in the neigborhood that Mr. Polia: kept money in his house. He replii that af ter the murder he had heard said that it was caused by the fa that Mr. Pollard had been talking abo having money at his house. RESTED ITS CASE. The prosecution at this point rei ed its case, reserving the right, how*: er, with the consent of the defence, introduce a witness later in regard the tracks found by Messrs. H. C. Gi f;ory and W. W. Pettus in the la ending to the old gate-place. The judge and counsel on either si then repaired to a private room, a nearly two hours was consumed in gu ment as to what portions of .Ma Derbyshire's testimony should be mitten. Major derbyshire. When they returned to the cot room Major Derbyshire was put on stand aa the first witness for the fence. He testified as follower ury Q. Did you have a statement leu (inle taken down at Lunenburg .urthouse before she was examined re in the Pokey Barnes case? V I did. (J. Why did you have that state- ent taken down? U IBTaUJ WITNESS EIXBD. The prosecution objected to the iswer to this question, and the jury as taken out. The answer was aa fol- ws: "I went into Mr. T. C. Fowlke'a ore one morning for a cigar. While there he said to me, Ellen Gale is ¦re. nm! if she is allowed to make the me statement on the witness stand mt I understand she wijl make, she ill prove an alibi for Pokey Barnes ought tn tie fixed. I asked him m where Ellen (Jaie was. II*- eame to the door with me and Silted to a woman sitting on the ireh, and snid that was Ellen Gale. WHAT ELLEN SAUL I went to the woman and asked her ¦he was Ellen Cale. She said she as. I asked her if she was a witness the case of Pokey Barnes. 8he re¬ lied, "yes." I then asked her if she nd any objection to stating to me ex- *tly what she knew about the case. hs said she did not. I then took her > s building adjoining Mr. Fowlke'a ore, anil asked ber to make the same atement to Mr. Cardoza who was Ser¬ vant in the Hospital corps and I left lem together. MR. CARDOZA WROTE IT DOWN. Some little time after that Cardoza nine to me, and said he had taken the tatement and rend it to me. I then suggested that he see Pokey lames, and get her statement without utting her know that he had seen Ellen hale, to see how near their statements rould tally. TWO STATEMENTS AGREE. The t wostatements were so similar, hat I didn't see that there was any n.-iterinl difference between them. There was nothing to attract my it tent ion or to make me think that -it her was not telling the truth. I lon't think I told any of the officials of mnenburg county ala mt this state- nent. I thought it was my duty tjg .uko it. TUE ANSWER WHICH WAS ALLOWED. The answer allow cd by thc Court waa is follows: I had the stntement taken down in .onsequeiice of informati.n: ret.¦ which loft anon mynui/Xithe impress¬ ion thal tba Interest of justice demand ment betaken down then md there. " Q, What was the information received ind from whom? Objection was raised by the prosecution lo this question and was sustained by Fudge Grut* The defence noted an ex¬ ception. ¦OW IT WAS DONE. Q. Did you have a statement made by Pokey Barnes taken down at the same time, bul not in Ellen's presence, and without the knowledge of either that tin* other's statement wus taken? A. N. This question there to was objected to by the Commonwealth, and the objec¬ tion was sustained liv the Court The defense again excepted. Being cross examined the witnes ssaid that while he did not inform the offi¬ cials of Lunenburg county, he talked very freely with .lodge Orgain and Mr. Neblett. He was certain he did not mention the mutter to Mr. Neblett and w ns under the impression that he did not say any thing about it to Judge Orgain. MR. CAKOOZA TESTIFIE8. This concluded Maj Derbyshire's ex¬ amination, mid Mr. Hugh Cardoza, who was sergeant of tbe hospital corps at Lunenburg Courthouse during the trial of the women, was put on the stand. He testified that one day, while there Major Derbyshire came to him at the vacant store that was used as an apoth¬ ecary shop, and brought Ellen Gale with him, and told him to take down a statement that she wanted to make. HIS RECOLLECTIONS. The witness said he did thia. He then repeated the following as his rec¬ ollection of what she had told him: Pokey aaid she came to Kr. Folkes and brought the clothes, and come to our house about ll o'clock and asked for a chicken, and I told her I'd let her have the chicken if ahe would let me have some meal to make some bread for her children. I let her have the chicken, and told her that if one of her elder children was at nome she could send for the meal, but there wasn't anybody but the little ones at home, bo I went my¬ self. 4 .i THE TRAIN PASSED. We went on to Mr. Rutherford's, and the 1 o'clock train passed while we were there. Davy Williams and Char¬ lie Bailey met u- at Mr. Folkes' and come home with us and we went on op the road. al iht id gate Hen Knight told Pok ey he wanted to see where the men were going to work. We kept on up to Pokey's house, and she cooked for us and asked me to eal, but I said I n I was not hungry, but had a headache. n I She told me to eat a few mouthfuls and maybe 'twould do me good, and so I did. The men had gone to work. WANTED HER TO TARE A WALE, While we were laying down Aunt 1, Betsy Ellis and Mary Craighead came ;t in and sat down awhile. Aunt Betsy t said to Pokey : "Come and take a walk, d we are going to Mr. Thompson's after i- cherries." 1- We went about three quarters of a d mile towards Mr. Thompson's and *e came back home. This was about four io o'clock. ig I lay down and went to sleep, »nd s. didn't know where Pokey was while I is was asleep. When I woke up it waa i- about 6:30. When I lay down it was about 4:30 She was awake when I lay s- down, and she was awake when I got as up. THE OBOS8 EXAMINATION. Thia was all the witness knew shout the matter. He waa then turned over to the prosecution and cross-examined by Mr. Southall. The latter asked him among other questions, why hs bad taken down the testimony so careless¬ ly, the witness having admitted that as he waa a newspaper man, he had taken it in the shape of notes, which it might have been imposaible to read after¬ wards. The witness replied that he cou'd have taken it down better if he had known it would be used. "Did you take it down for fun?" asked Mr. Southall. mO) j CAPTAIN WISE «>.Yb A WORD. .nd I Captain Wise here interposed, and *r_ said that as Mr. Southall had asked J°T I the witness why he had taken down the B°-- I testimony, he insisted that he (the wit In -si should be allowed to explain. I '\ ho jury were sent from the room and ,rt-It ie witness replied to the interroga¬ te I tion why he thought it had been taken de.|down by saying: ni rd sd it ct ut *t- >v- to to re¬ ine of 1 CONTINUED IN OUR NEXT,

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Page 1: chroniclingamerica.loc.gov€¦ · ©nbg/IbeWum jFot HUHbvertiecrs IDesirfno Colorebpeoples'TErabe. Circulation

©nbg /IbeWumjFot HU Hbvertiecrs IDesirfno

Coloreb peoples' TErabe.

Circulation <Buarantcco\Special ©uotatiotis 7*Hpon Xar<jeBovcrtiscmcnt**

)£x>erv

Colored/lianSboulbtfmve Zbis 3ournal in

Ibis Ibome.

.Jenna Itt Hovancc:$1.50 Ocr ©car. Sent to an? partof Tflnftco States ano Canaoa.

VOL. XII. NO. ai. RICHMOND, VIRGINIA, SATURDAY, MAY 9, 1896, PRICE, 5 CENTS.

POKEY NOT GUILTY.The Prosecution Breaks

Down.

THE PRISONER SECURESHER LIBERTY

Hurried by Her Lawyer to RichmondMow here.A Tragic Ending

of tbe Oaae

GBAMD OVATION AT THE THAIN

Viai** the Planet Office .Joy Unrc-atrained.Poor Aunt Mary

Ex-Judge A. D. Watkins. Common¬wealth'* Attorney of Tri nee Edward

County on Tuesday April ">. IN9& arose

in the County Court at Karinville. Vu.-

and after having declared that UaS GOSS*

monwealth had utterly failed to makeout its ease against Pokey Ranterinl a nolle proseipii. the judge pre¬

siding consenting to the sam" and the

prisoner was diseharged from custodyThis was done in the face of the faet

t'lHt thc two lawyers hired by Luiicn-

Lurg County and the onmmonwraltli'*,attorney of the aforesaid county pro-lested against the same. Kx-.IudgeWatkins said he had earefully consid¬ered thc responsibility of this course

before he took it.The fact Pokey Barnes waa free waa

quickly communicated to thia city and.spread like wild-tire. The followingtelegram from the cooneel was receiv¬ed :

"John Mitchell, Jr.,Editor of the Planet,

Richmond, Va.Common wealth entered nolie proa-

equi in Pokey'a case. Meet us atnain."

Although few persona were informedOl thia fact the news spread and with¬in ten minutes after he had communi¬cated the information to those at thedepot thal SSS would arri vt* at theP>yrd St. Station at 7 p. m. there waa a

large crowd present.AfTHU TUS THAIN AHKIVKll.

Captain A. R Guigon waa off tirstand grasped Editor Mitchell's hand,then came the lion. George li Wine,the veteran. Ile showed that sturdy*atsfla*rrninalion for which he is noted,and aa his countenance beamed an ex-nreeaion of quiet satisfaction, (ieorgeBragg. Jr who had been in Karin vi Ile

Mr. Mitchell through the car win-and called Pokey's attention toShe smiled and was soon out to

greet him. lier father Joseph Barneswaa with her. A carriage had been

Jreviously ordered from Mr W. Isaacohnaon, and was in waiting.To thia carriage Pokey was escorted

amidst the multitude, a strugglingmass of men, women,children all striv¬ing to get a glimpse and shake thehand of one who had been bo neardeath's doorShe waa placed in the carriage and

Editor Mitchell and her father joinedherThen there was a mighty shout,

"Three cheer* for .John Mitchell!" It-was given w illa a will and then wascalled out, "Three cheers for PokeyBarnes!" The demonstration was

equally as marked.The party was driven to the Planet

office. On the way they met Squire HF. Jonathan and he got into the carri¬age-

AT THE PLANIT OFF1CK.The news spread and white, colored,

male and female aurged into the office.Pokey was seated in the editorial roomand for ten minntes shook hands withthe multitude.The drive to the reaidence of Mrs.

Rosa D. Bowser, president of the Wo¬man's. League and Miss Marietta LChiles, secretary of the League waaequally as marked by the appreciationshown by those who gathered aroundthe carriage.

'i hen to the Y M. C. A rooms, Mrs.Joanna Thompson's residence, EditorMitchell's residence and last to thetemporary home of Pokey, at Mrs. Bet¬tie Graves residence, 818 N lat Street.The carriage was beseiged at all of

these places. Windows were raised.Femalea in the kitchens, at the wash¬tub, and seamstresses came rushing tograap her hand and call down blessingsupon Lawyers Wise, Flournoy andGuigon, t z-Judge Watkins. Gov. O'Ferrall and the editor of the Planet.During the stilly hours of Wednes¬

day night, the First Battalion Band(atring) under the leadership of MrNelson Harrie serenaded Editor Mit¬chell and Pokey Barnes. The musicwaa heavenly, the strains seraphic.

Farmvillb, Va , April 28.

When court convened thia morninghowever, Judge Flournoy stated thaicounsel for the defence wished tiamend their motion for a stay of judgiment,but before doing so I desire to setMr. A. E Clement", who waa expecteito arrive on the train upon whiclJudge Mann waa also expectedCourt accordingly adjourned unti

1:80Upon the reconveningof court Judg

Flournoy addressed the Judge and advanced a number of strong argumentwhy the verdict should be set asideJudge Flournoy contended that thtestimony of Mr. White, Mrs. Thompson and Phil. Watson had been imprcperly admitted.

JUDGE MANN'S IMPROPER REMARKS.

He also held that Judge Mann, ihis address to the jury had made statetnents closely akin to the testimonyand, therefore, improper.Judge Mann, be said, had told th

jory that he would not ask them tconvict the prisoner unless they wei

morally certain of her guilt. "Nothia atatement," said Judge Floorno;"coming from a man of the standing t

Judge Mann all over the communithaa the greatest weight."Judge Flournoy alluded to seven

other statements madeby Judge Manin his a gument, which he characteri:ed as in his judgement improper, an

calculated to have the same inflo**ncupon the minds of the jury as teatimeny.

AMENDING THE MOTION.

Judge Flournoy then atated that tlamendment of his motion of yester-da;which he wished to submit, was aa folows: "The prisoner also movea tlcourt to set aside the verdict, an

grant her a new trial upon the hirth*grou i I that the evidence of Mrs. Clen

ita. Mrs Martha Thompson. H A. h'lute, and Phillip Wataon. respecting patemeuts made tf- them by the pri- bmer, should not have been permitted I> be laid before the jury." jh

MAKING «\ I'Ll NATIONS.

.Mien Judge Flournoy had finished hisrief argument in favor a new trial budge Mann,in a few words, stated that 1e li-id had no intention to ma e any /tatementa in his argument which tnight tend to prejudice the minds of fcjhe jury. He explained that he lind (ot used the exact worda attributed to |lira by Judge Flournoy, but admitted jhat he might have unconsciously con- *.eyed such an impression in different vcords, lie said that he had endeavor- fd to carefully guaid himself from any I-xpressions of individual opinion, and' \tad cautioned tLe jury to pay no at- jent ion to any expression of hie whichvas not borne out by the evidence.

ft

Captain Wise then addressed the f.ourt in favor of a new trial. He con-J tended especially that theorisoner was t,'iititled to a new trial * ince her answer j:o the questions of Mr. H. C. Gregory Jn the Richmond jail had been exclud- jid from the testimony. He also dwelt' iat length upon the admission of the j]evidence of Mr. White,Mrs. Thomp-' iMO and Mrs. Clemente, which, he said, jshould not have been admitted undertoe law.

THE JUDGE CON8IDER8

Mr. Southall replied briefly to Cap¬tain Wise, but did not enter into anyargumee.c of the case. Judge Crutesaid that he would look over some au¬thorities and meet the lawyers at thecourt-room next morning.Captain Guigon th -ti announced that

he wished to submit a motion for a

postponement of the case of the Com¬monwealth against Pokey Barnes untilthe next term of the court.

VSr IT TO PROCEED.

Pokey Harnea waa then brought intocourt,and Captain Guigon addrear-edthe Court in advocacy of a contin¬uance. He said that they wished ac ntinuance for various reasons. Thenrst. he said, was that they were phy¬sically unfit to go on with the case.They had been in a great strain for tendays, and did not feel that elasticity ofmind which they should have whenundertaking a case where human lifewaa concerned.The second reason waa that they had

been already away too long from theirprivate business affairs, which wouldsuffer thereby.Lastly Captain Guigon said there

was an indefinable, all-pervading some¬thing in the atmosphere, which waathe natural result of the verdict juatrendered in the case of Mary Aber¬nathy, which, in his opinion, wouldmilitate against that fairness, impar¬tiality, and charm-as of judgement so

necessary to a just decision.For these three reasons, aaid Captain

Guigon, they wished a continuance.THE PROSECUTION OBJECTS.

Judge Mann, forthe Commonwealth,aaid that aa an individual he would beglad to a post (lone ment, but he did notleel at liberty, under the circumstan¬ce a to consent to it The Common¬wealth waa ready, all the witnesseawere present, and the case should bedisposed of He called attention toMr Pollard's feeble condition, andurged that it was imperative that thecase should be disposed of at thisterni

WOULD NOT GRANT IT.

Judge Crute said that personally hewould be extremely glad to continuethe case, but he did not think that hewas at liberty to do so upon the rea¬sons advanced by the defence

Judge Crute continued firm, al¬though again urged by the defence,Captaina Wise and Guigon stating thatthey would be compelled to be in Kich-mond next week, whether the case wasfinished or not. Judge Mann said thatthe Commonwealth, he thought, couldget itrough with their witnesses in one

day, and that he thought it probablethe case could be finished this week.

EXCEPTION NOTED.

The defence excepted to the refusalof Judge i ru te to continue the caseTo-morrow will be given up to dis¬

posing of the motion of the defence forthe setting aside of the verdict foundagainst Mary Abernathy.

REFUSED A NEW TRIAL.

Farmville, Va , April 29 . Courtwas in session only a few minutes to¬day, the jury in the case of PokeyBarnes having been directed to bepresent at 10 o'clock to-morrowCourt was opened at 10:30 o'clock,

counsel on either side being presentand Judge Crute stated that he hadcarefully examined all of the evidencein the case, so far as it was obtainableand also referred to the authoritiescited by the defence in their argumentfor a new trial.

bis reasons given.

After carefully meditating over tinmatter, he said, he had decided thaiit was his duty to overrule the motionwhich he accordingly did, the defendexcepting, fourt waa then adjournedand Judge Crute took the 12 :36 trailfor Bedford < ity, where his son is convalescent, after an attack of pneumonia.

TO APPEAL TO A HIGHER COURT.

Counsel for the defence have beeibusy all day preparing their bills of exception upon which the Abernathy easwill be taken to the Supreme CourtTo-morrow morning they will be signed by Judge Crute

but little is being discussed hernow except the Pollard murder caseand the primary election for municipal officers, which takes place to-moirow Counsel for the Commonwealtin the Pokey Barnes case claim thuthe evidence against her is as strong,not stronger, than that in the Abeinathy case. Defence, however, thinthat the result of the trial will not betout this assertion.

bills op Exception.

The four bills of exception prepareby the defence are baaed upon the eielusion of Mary Abernathy's answer tli. C. Gregory in the Richmond jaiand upon the admiaaion of her answito Mr. White, who asked her how stknew that the man she saw waa Solimon Marable.

Farmvillf, Va., April 30, '9Counsel for the Lunenburg wornt

despite their protests were forcedenter upon thu defence of Pok<Barnes. Broken down, dispiritedwell aa disgusted by the action of tlPrince Edward County jurors in dicarding the evidence and bringing inverdict of murder in the first degragainst Mary Abernathy, they had yrallied and stood ready for the grelegal bat tie this morning.There waa a prevailing opinion th

the jurors were secured in too easymanner to expectother wiae than thtoo they would convict Pokey Barn*It waa decided to watch every poin

note every exception with a view

aving the case reversed by the Su-resas Court of Appeala. Pokey wasrooght in court by the colored jailerlr. Ma thews, and took her heat be-ind her counsel, Ex-Congressman.eorge IV Wise, ex-Judge H. W. Flouroy, and (apt. A. B Guigon.The commonwealth was represented

>y ex-Judge W. H Mann, of Nottaway.,uncnburg County's Commonwealthi .attorney W. E. Neblett, Amelia Coun-

mmonwealth's ttorney R. D..outhhll and Prince Edgard County'sommonwealth'a Attorney A. D. Wat¬kinsA venire of farmers from the uppermd of the county, in the neighborhood.here resided the brother of the un-ortunate Mrs Lucy Jane Pollard, hadleen summoned and the work of em-

mnelling the jury commenced.They were celled forward, four at

i time, and interrogated by his Honorfudge Crute as to prejudice for or a-

;ainst the prisoner; whether or not

hey had formed any opinions as to thejuilt or innocence of the prisoner at¦he bar, and whether or not they were

>pposed t i capital punishment.COUNSEL POR THB DEFENCE.

When Judge <~rute bad finished with,he veniremen counsel for the defence>ut them through a course of ques¬tion*.Being interrogated by Wise, Juror

R. T. Carter said that he had beenreading about the trials of SolomonMarable and Mary Abernathy in theRichmond papers, but he did knowpositively whether he had expressed an

jpinion as to the guilt or innocence ofthis prisoner.

HAD DOUBTS BUT ACCEPTED.

He said he had doubts in his mindas to the innocence of Solomon Mara¬ble and Mary Abernathy, but had notread anything about the case of Pokey-Barnes Mr. Carter was finally accept¬edMr. C. F. Binford was the next ve¬

nireman queationed. He said he hadread a Mne about the case since

the trial at Lunenburg Courthouse,except the 23rd of this month.

HAD NO PRE.IUDI'

He declared that he had nopreiudicewhatever for or against the prisoner.The same statements were made byMegara.'F. R. Allen and Bedford Brownand the trio were accepted and tooktheir seats In the jury-box.Mr J. P Mcfiraw, when asked

whether he had formed or ex pref sedany opinion as to the guilt or innocence of the prisoner at the bar, saidthat when the murder was first, com¬mitted he might have expressed some

opinion concerning it; but not as tothe guilt or innocence of the priaoner.

STOOD HIM ABIDE.

Hs had only read the testimony inthe Marable catie, concerning which hehad formed a fixed opinion. He hadf >rmed a sort of impression, based up¬on rumors, and, at the suggestion ofCaptain Wise, this venire was told tostand aside until the remainder of thevenire could be examinedMr. CO. Carter declared that he

had read none of the evidence, and hadnot discussed the cases much.

HAD TALKED BUT ACCEPTED HIM.

lie had talked with some of the ju¬rors in both the cases of Marable andMary Abernathy, but he was sure thathe was capable of giving the prisoner a

fair and impartial trial. He and Mr.,1 V.. Gilliam were both accepted.Mr. M. W. McGraw's answers were

similar, and he was eelected asa juror ;Messrs George T. Butcher, J. J. Over¬ton and H. L. Womack gave satisfac¬tory answers to the question propound¬ed, and took their seats in the jury-box.

PECULIAR STATEMENTS.

Mr. L. T. T. Baker said that he hadread only a little of the evidence, andhad talked to some of the jury in theMarable case, and had evidence on hismind which it would require evidenceto remove. Mr. Wise made the same

objection to Mr. Baker that he hadmade to Mr J. P. Met raw, and askedhim to stand aside temporarily.

THAT KICKING JUROR.

Mr. R W. Fuqua had been readingabout the cases all along, and hadkept up with them fairly well, but hadnot been influenced, and could givethe prisoner a fair and impartial trial.Mr J. M. Womack was also satisfiedthat he could give the accused an im¬partial trial, although he had readmost of the evidence in the previouscases The same statement was m. deby Mr George Smith, the last of thepanel and the last three named wereaccepted as jurors.

MORE SUMMONED.

Mesars J P. McGraw and L. T. Baker were then recalled and interrogate*by Judge Crute, but, it appearing tha

i they had formed opinions which ii would require evidence to remove

they were discharged. Thia left onl;thirteen who were qualified to serveand the law requited sixteen. JudgiCrute, then, issued a venire faciasand Sheriff D-ckerson and an assistanwere dispatched into the country foadditional jurors. Court then tookrecess for dinner.

AFTERNOON SESSION.

Court reconvened at 4:30 o'clociand, finishing the work of gettingjury, went into tbe testimony,only adjourning shortly before 10 o'clock tnight

Messrs C Loverton, William Atkins>n, and W. M. McNult were seiecteas jurors from the special venire r<

sponding to the summons of JudgCrute

FOUR STRUCK OFF.

This made up the panel, and the difence struck off Messrs M. W Mc^raGeorge Smith, Bedford Brown and (C. CarterThe prosecu"ion at once began tl

examination of witnesses for the Cobmon wealthMr. ES. Pollard, husband of ti

murdered woman, was first called, aihe rehearsed his oft-told story of tlhorrible tragedy.

MR. POLLARD'S CONDITION.

Mr Pollard appeared to be mu<feebler than when he first came heas a witness in these trials. His e\dence on both the direct and erosexaminations was substantially tsame as that given by him in the eaof Mary Abernathy, which waa fulpublished in the Planet. There wea few new features to his testimorHe said that about a month before tmurder he had counted out his momloaned J. H. H. Thompson $100; i

counted the notes; r labelled the poeet-book, and put it back into the leater cases, and restored these to their icuatomed place of keeping.

MENDING THEIR HOLD.

Mr. Pollard also stated that his st*ment that he left his home on the af tinoon of th** killing for his field, rea<ing the latter place about 4o'clock, waa based upon s guess, so Isa the time was concerned. Hs a

estified thai he did not feel any partif his wife's dead tiody upon reachinghe 6cene of the murder, to ascertainf there were any warmth in it, furtherhan to lay his hand upon her fae

THAT OKEQORT WITNESS.

Emma Hardin*; (colored ) wss the se-:ond witness. She was introduced byhe Commonwealth to prove that theretad been bad blood between Mrs. 'ni- !ard and Pokey Barnes for months lie-ore the killin^.

CAPT. WISE OBJECTS

The defence objected to this evi¬dence, and tbe jury was taken out, in>rder that »he exact nature of theeFtimony might be understood by thejourt and the QOUSeel. The witnessvent on to say that one day in August,

she and Pokey Barnes and asousin of hers were passing throughMr. Pollard'a place, and met Mrs- Pol-ard at the gate leading to the house.Vira. Pollard spoke to Pokey, sayinghat Mr Pollard had already caution¬ed her about going down to his vege-ishan neleh Mra. Pollard told wit¬less if she would go with her to thelouse she would give her a mess of.egetables.

MORE ABOUT THIS CONVERSATION.

Mrs Pollard also asked if that viasnot Pokey Barnes, and received a iv af¬firmative answer from the prisoner,which was accompanied by an oathPokey was then told by Mrs Pollardthat her husband had forbidden her(Pokey) to go upon his premises,warn¬ing her to go around the road in future.Pokey's reply to this was, "I'll gowhere I d-n please; I ask you no

't

odds ;you-(f* cling in thebosom of her dress), the next >im-> Icatch out, hell is certainly your home.Yes, you ; d.n you, I'd kill you rightnow if I had anything to kill you with .''

OF VITAL IMPORTANCE

The admissibility of this evidencewas argued at length by counse1. onboth sides. Judge Crute being of theopinion that the question raised wasof vital importance, took time to con¬sider it. stating that it was the firsttime that he had ever delayed a trialfor such a purpose. Court then ad¬journed; until » o'clock to-morrow Imorning

Farmvillk, Va , May 1. 1896." \To-day has been a most lively and in¬teresting one in the trial of PokeyBarnes. Three sessions were held anda number of witnesses examined. Thedefence so far may be said to have thebeat of the argument.

as mo a liar as was marable.

To-day they forced Ellen Gale, whois a star witness forthe prosecution,to confess herself a perjurer, secondonly in proficiency to Solomon Mara¬ble.The main fight of the day, however,

waa over the admission of the testi¬mony of D. J. Gregory, who statedthat he had measured tracks found inthe lane leading to Mr. Pollard's houseand that they corresponded to foolprints of Pokey Barnes and Ellen Gale.

QUESTION WITHDRAWN.

The question which provoked thisanswer was temporarily withdrawn bythe prosecution Major J. H. Derby¬shire, and Mr Hugh Cardoza, who ar¬rived from Richmond to-day. will goon the stand to-morrow, when testi¬mony important to the defence willbe brought out. They will returnhome to-morrow night.

DECIDED TO ADMIT IT.

When court opened the jury weretaken to their room, and Judge.Cuteannounced that after thoroughly look¬ing into and examining authorities hehad come to the conclusion that it washis duty to admit to the testimony ofEmma Harding, in regard to the diffi¬culty between Pokey Barnes and Mrs.Pollard in the month of August pre¬ceding the murder. Defence except¬ed to this decision.

THAT OTHER WITNESS.

Emma Harding was then placed up¬on the stand again, and. in reply to theinterrogatory as to whether she knewof any difficulty between Mrs. Pollardand Pokey Barnes prior to the murder,gave the answer reported in yester¬day's proceedings, with a few varia¬tions, and embellished with a numberof oaths. The witness said that whenMrs. Pollard reminded Pokey that Mr.Pollard had forbidden her to comoonhis place, she replied :"who is old man Pollard? If he

were to do right and pay his debts, hewouldn't have land enough to be buri¬ed on "

DAMAGING CHARGES.

The witness also testified that Pokeysaid that if she could catch Mrs, Pol¬lard out anywhere, hell would be her

' home. Mrs. Pollard then said :"Very well; when Mr. Pollard come-

to-night I am geing to tell him thalyou threatened my life "

To this the witness said. Pokey re¬

plied that she might tell him, but thalshe was going to kill her, if it was thtlast thingshe did.The witness gave in her testimony

with great volubility, accentuated b]the fact that she stammered badly, anc

repeated each word about three ti meion an average.

POKEY'S DISDAIN.

All the time she was on the stand thwitness was regarded by Pokey with siair of SXtT* me disdain.Judge Flournoy took the witness i

hand and cross-examined her severelybut she stuck to her original story wita good deal of accuracy, al thongsomewhat dismayed by the showers c

questions.Emma said that she had never tol

anybody about the quarrel except MiRussel, at the tan yard.

GREGORY AGAIN.

The only time she mentioned thmatter afterwards waa to Mr. II. (Gregory, after she was summoned tbe a witness in the case. She had gorto Mr. Gregory's house, she said aihad told him all about it. Thia .ha]pened, she said, about a week ago."Why did you go to Mr. Gregory 1

asked Judge Flournoy.On this point, the witness was hai

to handle.t--^v vnm wwt TO ANSWER.

She fought in every possible wi

against answering the question, sayiithat she went there on a visit. JudjFlournoy plicdjher with questionsto why she went, and finally asked t!direct question:"Did Mr. Gregory Bend for you?"The witness after a slight pause, ¦

knowledged that her brother Alb*had brought her a note from Mr. Greory. She gathered from the note, ssaid, that Mr. Gregory wanted tosher, but did not know what he wantwith her. After she got to Mr. Greory's, she aaid, he asked her what hpassed on the occasion of the quarn

US JJAD HRH SUMMONED.She avid him. and he hud her sui

moned as a witness.Captain Guigon then took the w

ilesr->.h:80arIso

POKEY BARNES AND MARY ABERNATHY."The one shall be taken and the other left ".Matt. xxiv:4l.

ieas in hand and succeeded in making wier contradict herself if) a number ofparticulars.

MOVED TO STRIKE IT

A the cloae of her examination Cap-ain Wise moved to strike ont her tes-imony. Thia motion was overruled,ind counael for defence entered an ex-

option.t-usan Thompson, repeatedly referred» by the previous witneas aa the'Cousin Sl.8 m" who had accompaniedier on her visit to li-r father's housein the day that the allc->?^d difficultyook place between Pokey anoPollaid, was next plae<»d on the stand,me testified that she had been pres-mt at the ditficulty whicrh. occurredjet .vcen Mrs. Pollard and JPokey, andhat it had happened di/ring Augustirevious to the mm *

I'llG (|(JAKH*.b A 1>*JII1 IMIUIUO.

Susan aaid that Mia.'Pollard hadisked Pokey whether she*had not been;old to stav off the place, and accusedier of stealing vegetables from thenarden. Pokey replied thTit this was a

ie : that she had never hafen to the gar-len and taken her vegetables. Shesaid she would give Mrs. Pollard some

regetableS it she came IJO her house,rhe witness said that the two quar¬reled for some Mme, and Pokey beganLo foam at the mouth.

WU.KKD OFV.

"'Den," aaid Susan. "I walked off,'c.uice 1 was sick mid rpiarling 'aturbsme. Now, dat'a de trtofo, and nothingbut de trufe."

But few new facts were elicited fromthis witness under OHsSf SI¦initiationShe contradicted the statement of theprevious witness, however, who statedthat there had been no conversationconcerning the difficulty with Mrs. Pol- Ilard a> they walked along the road ju6tafter it occurred. Susan said that sin-had upbraided Pokey for bein,; so

rough to Mrs. Pollard, and that Poke]had admitted having been too seven,saying that she knew her temper wastoo high anil she often said things thatshe ought not to a*y.

LAUGHED IT OFF.

The witness said that Pokey laughedthe matter off, and no more was saidabout it.Old Susan gave her testimony in a

calm, deliberate fashion, lt corre¬

sponded in many respects with that ofEmma Harding, with the exceptionthat Susan had not beard Pokey makeany specific threat against Mrs Pol¬lard's life.Susan Thompson gave way to Ellen

Gayle, who has often been mentionedas being possessed of some informationhitherto not brought to light.

THAT MKD'OAL EXPERT.

Before her examination, however,Dr Peter Winston, of Farmville, was

puter, the stand, and asked how longit would take for nil animal heat to getout of a human body, weighing about180 pounds, in a temperature, such as

usually prevails during the month ofJune.* Ile replied that it would taktnot less than three hours, and that theextremities would cool first.

TRYING TO EQUIVOCATE.Dr. Winston was asked substantially

the same quest iona as those propound¬ed to him in the Abernathy case, andhis replies were identically the sameHe stated, however, that if the largearteries that supplied the head hadbeen severed and the loss of blood hadbeen great, the cheeks of the corpsemight become cold in less th nu threihours.Dr Winston then left the stand, and

the examination of Ellen Gale was be¬gun. She said she lived In Charlotttcounty, near Fort Mitchell.

THE STAR WITNE88.

She saw Pokey Barnes at her houseshe said, on tl.e day of the murder OMrs. Pollard, wnen Pokey came to hoihouse, about li o'clock, sa)ing sinhad been to Vlr Clyde Fore's to deliv¬er some clothes she had washed. Pokey, she said, stayed at her house untiafter 13 o'clock, and begged ber to leher have a chicken, saying, if she didshe'd give ner some meal and a aresfor her child. *vhe gave her the chicken, and then Pokey said she woulihave to go home with her to get thmeal.

THE TRIP ON THAT FATAL DAY.

On the way they stopped at MiFore's and Mr. Weatherford's. Aftewhich, accompanied by Ben. Knigland Charlie Bailey, they went on tPokey's house, where the latter cookesomething and they ate . after whicthey laid down in the floor for a feminutes. About that time Betsy EllMary Craighead and Rosa Banuwalked up, and, after staying a whilBetsy Ellis asked Pokey to come gwith her. Then all of them, excelRosa Barnes, went on towards MThompson's.

THE PRISONER'S MOVEMENTS.

After going part of the way she arPokey turned back, and started to rturn home, and came to a place tindid not exactly know. The wittiesaid she remarked ; "Thia don't loilike the way we came," and Pokey r

plied: "No, it don't."They kept going on until they can

to an old gate place, where witnestopped, and said she would notthrough that way. Pokey then sai"I am going through here a little wa

THAT IMPORTANT HALF HOTTR.

You wait until I come back."Ellen aaid she supposed she wait

for about half an hour at that gap If*ire Pokey came back.In an8wer to a question from Jui

Fuqua, the witness said she had 1a^ked Pokey where she was going rhad the latter told her. After Pokcams back they went to Pokey's hou

rd

it-

here the witness again laid down, ase had a severe headache."Ellen, what time did you, Betsy.His and Mary Craighead leave Pok-y's house ?" aaki d Mr. Southall."When he got down by the fodder-tacks in Mr. Fore's field the 4 o'clockrain went along."

TUB OLD GATE PLACE"Where is that old gate place yound Pokey came to?""It ia somewhere back of Mr. Pol-ard's house "

"How far is it from the house ?""I don't know, but it ia not tery

I you turn back at the gate-* Yes sir.""Did you ace Poker aiter y*u turnedu-k?"'Once; she waa walking along v* ry

1.,. :_ »u.. A:_tl. _# »«_ i»_it._j>..av/** III V*** \A il *r*>-* It/11 Ul .til ¦ U1IBIU O

louse, and had got down in the laneeading to tbe stable."

MORE ABO0T THB DRESS.' What kind of a dress did Pokey

lave on that day?""1 think it waa some kind of an old

due dreas "

Wittiest said she waited for Pokey at.Ir. Fore's and Mr. Thompson's lineence, in sight of Pokey's house. WhenPokey came back alie did not come theraj that she went, but came round(he fence.""How did she look when she got

jack?"NO EV1DBNCEOF CRIME.

"She looked tolerable warm. Theweather was hot.""Did you notice anything about her

clothes?""1 here was one snag in her coat.""Why did you turn back?""Because 1 knew Pokey was not al¬

lowed on Mr Pollard's land: and morethan that she had taken some nine orten chickens, and 1 did not want to gothrough with a person like that."The witness said that in returning to

Pokey's house they had gone back up a

a uk place in Mr. Fore's field They hadg< ne that way in order tobe able toerOSS the brunell. The witness did notknow exactly what time it was whenthey got beck tol'okey's house. Shsimmediately laid down, and stayedthere until Betsy Billa came back fromThompson's after cherries.

nU WAV TllKY Wi

Betsy stayed there a while and thenthe] walked out together and wentround the road. When they came nearwhere Mary Barnes was working in thefield she called and asked Pokey tobring her some water. Pokey said sheeould'nt do it. as she had nothing tobring it in. Witness got Mary a buck¬et of water herself.

After the old woman drank, they allwentaway, and when they got not farfrom Poker*! spring they heard thebell al Pollard's begin to ring.

THE KINlilSO OK TUE KELL.

Pokey said it was ringing for heimother, lt continued to ring, howeverand Pokey said something must bc timatter with Mr. Pollard. Pokey theiran toward the house, followed by althe hands from Fore's field. Witnesjheard later from Gracie Knight antBen. Knight that Mrs. Pollard hatbeen killed. She then went hollie.The Witness said .he did not think i

took more than half an hour for herself and the others to walk from Pok

ouse to the place where she am

Pokey had parted with the others, am

thence to the old gate place.A RECESS TAKEN.

At this point counsel for the ilefencasked that a recess be taken until alter dinner, as Major .1. H. Derbyshinwho was expected on the 12:36 trailbsd. the statement of this witness pnviously sworn to, and they wisheto have it before beginning the eros:

examination. This request was accedeto. and a recess taken.

Major.I. H. Derbyshire and Mr HupCardoss arrived on the noon train, an

when court reconvened the cr

animation of Ellen Gate was at oik

begun by Captain Wise.

LIVING THERE ALL HER LIFE.

The witness testified that she hibeen living in the neighborhood of MPollard's house ali of her life. In vicof this statement. Captain Wise mai

the point that it was singular that aftliving all her life in the neighborhoiof a place she should ha\e been coi

pletely lost at the old "gate placewhere she bad stated that PokBarnes left her and went ta Mr. Pllard'.

1SS11LSQ IIKK ACCI RAI V.

Captain Wise t hen tried the SCOUTSof the witness as to time and distantbut found that it was almost altogeter guess-work with her, the BOOher thermometer.Taking a previous statement made

her. Captain Wise cross-examined Irigidly as to every point in her test inny given this morning.

arno**,

'Didn't you tell at Lunenburg Cohouse, and didn't you tell two won

re you got to Lunenburg CouM j house, tUssA Pokey Barnes.'vas not <

ss of your sight one single instant durro the walk that afternoon?" asked ('d : t aili Wise.ty. | "If I did it was because I un¬

afraid Of Pokey. She had beat one

j man nearly to death.""Didn't you tell the court and

ed women that Pokey was not out of y[ghi that afternoon?".Yes, I did," replied the witta

or "but it wn- afraiiilot Pokey."or |p_ I CONFESSEO HERSELF A PKRJUROB.

.s , "And so you acknowledge that

lld a lie under oath?" said CaptainI'ontinuing, lie asked the witness what

.DOO they wert* whom she toldlat. Pokey was with the whole even-

»K-"I didn't know nothing about whoho they were." replied the witt*"Didn't you tell Betsy Kllisand Maryraighead about it ?""1 never told Aunt Betsy or Maryothing."

'n't you tell that gentlemanicre." asked Captain Wise, rising tois feet mn! pointing to Mr. Hugh Car-->/.-t. "that von never left Pokey thatfternoOB? Ile whs in soldier clotheshen you last saw him. but he is theune man. Didn't you tell him that'.'""If 1 did it was In-emist I was afraid

f Pokey. If I told him it was in theDurthibuse.""You say you were afraid of Pokeyhen there was a whole regiment of Bol¬

to protect you?"Miers or no soldiers,"' -aid the

itness, "all that Pokey wanted was toet IiHise and get to BMTbe witness then began to tell ofume of Pokey's pugilistic exploits, but

saned bj counsel for thedefence,nd JudgeCrute sHid he would see thatht-did not offend again.

MOKE INACClRACIES

Thc cross-examination of the witnessros spun out to considerable length.ind a few other iiinccuraciesdiscovered.After Captain Wise got through with

ptain Cuigon took thewitnland, and exnminod h««r part icularly as

0 her parting with Pokey at the old'gate place." She said that when Po-tej went through there she did not askier ( Ellen ) to go with her, but said toier. "Why wont you go '.'" She alsoestified that-when Pokey came back,ifter an absence of half an hour, sheind a bunch of sumac in her hand..ll DOE FLOCKVOY ASKS QCESIIONS

.Judge Flournoy then took a turn atlhe witness, who occasionally showed<ome slight symptoms of temper, butkvas not able to extract anything new[orin her She did not seem tobo n wil¬ling wit nessi ns far as the defena-oncerned.v.''er s few more questions she wnsdis-

..oiu David V> illinois v\.-ts pul OOthe stand :

WAS '¦ viki n.

He said on I murder beWBB working for IV h. Kort', in a fieldadjoining Mr Polia : ni sight ofPokey Burnes' hoi.He had seen Pokey. B.

Cale. Rosa Barnes, and Mary Cra;,meadleave Pokey's house just before 4 t*JS»^<_kin the afternoon going toward l^r^^Ba

- anti some time later lu- saw PokeyBarnes and Ellen Gals come back to¬

gether.nu. sot know now i.tso.

Ile did not know how lom/from Pokey's house, but each

man was enrryi ng two rows.

They had completed two sets and were

on ¦ third when the women came backHe did not know how long the rows

were, but the the corn was badly miss¬ing .Judge Mann requested thal thejury be sent froni the room, in orderthan the court might pass on a questionto which he thought objection would beraised..Judge Mann asked the witness w bet¬

er he had heard Pokey say anything afterthe murder.

am H A i > SAID NOTHING TO HIM.

.He said that Pokey had not said any¬

thing to him, but hs had heard her tell¬ing her cousin before her arrest thesecond time that she wanted to si

onon and she wanted to see bim. Shesaid also, w it ness stated that Solomonwas keen, and if he knew anythingabout the murder or money they wouldnever lind it out.The jury was brought back and ibis

testimony submitted to themI'Al'T. OPHION KXKUrlSKS ms an

Defence began to examine the wit¬ness Who Stated after great exertionsOD the part of Captain Guigon, to drawhim out that he was pretty contidentthat Pokey and Ellen Cale were notgone from Pokeys house on the even¬ing of the murder mort than thirtyminutes. Mr Clyde Fore was the nextwitness. He stated that he was work¬ing arith the hands in the field thc day-Mrs Pollard was murderedThis completed Mr Fore's examina¬

tion, tbe defence stating that they hadno questions to nsk him, and Mr A FClements was put on the stand. Htagain gave in the evidence, alreadytw ice submitted by him, in regnrd t<his visit to Mr Pollard's house oe thie\ ening of the murder.

THE DISTANCE FROM THE HOI

"Mr. Clement," said Mr Southall"it has been testified to here as to niold gnte place down in the lane fronMr Pollard's. How far is this plSMMfrom the house?""Oh, it is seventy-four yards fron

the stable-yard."How far is the sunk place?""About forty yards, I think "

By the help of the chart of Mr Pollard's place, Mr Clements |showed thjury the different fences and pim[oded to in the testimony of w-itnessesThe witness testified that Pollard'

house could be seen from the old gutplace, but after a person got down ithe sink it was not visible.Mr Clements said that the length i

the cornrows in Fore's field was SIyards according to measurement bysurveyor's chain. He did not knowhether there were any tracks in tillane lending from the old gate placeto the house or not. Mr Clements saithat hs thought it would take a nm

shout '20 minutes to replant two rOWScorn 1*6-1 yards long, when the groinwas hard, nnd the corn one-third mising.

KNEW BETTER THAN aTSMr Clements thought, however, tb

Mr. Fore, who hud the work In chnrgand bad put the time at 15 minuttought to know better than himself.

THE OTHER OREGORY.

Mr. D. J. Gregory waa next put <

the stand, and testified that he wedown the lane to the old gate-plathe day after the murder, and h;found three tracks. There were tvleft-footed tracka of bare-footed pesons coming in the draw-bars towarthe house, and one going out."Did you measure those tracka?"aa

ed Mr Southall."1 did.""Did you afterwards measure t

foot of any person that correspondwith them?"

:irtlenrt->utingBo¬

ich

CAPTAIN WISE CALLS A HALT.

"Walt one minute," cried Capt!Wise. "Where ia that measure?""I took no care of it after the I

nenburg trial," replied Mr. GregoryThe jury were taken from the roc

in order that the admis-ability ofquestion might be argued, andwitness stated that he had measuthe feet of Pokey Barnes and ElGale, and that they had correaponiexactly to the foot-prints in the lan

THORS TRACKS IN TBS LANE.

you He explained that the coronsr's j

twoour

of

id taken the two women down to the Klneon Hie evening after the murder, C.id made them to walk along the lane httrough the sand, aud the tracks'ere measured.After thoroughly questioning the m

itnesses, counsel for Uw defence ob-Jcted to the admission of the testimo-jt. Captains Wise and Cuigon urged {lat it shouid be excluded. Vena-1 arent - were made on either! wi

de, the earnestness of counsel prov- (lo

g that they regarded the point a8 a( sttal one.

IIROTHER ORKGORY POUND THEM.

When they had concluded, the wit¬hes explained to the Court that the *

acks had been found by Mr. W. W. jettus and his father, Mr. H. C. Greg-jry, and a measure made by the latter,'id given to the witnea, who meaaur- |.1 the tracks. He had put the stickito the pocket of a coat in his room,nd had not seen it si nee.The Judge took the admission of the»stimony under consideration, andjurt adjourned until 8:30 p. m.

BE DEFENCE WITH-DRAWS THE O.UKH-TION

1"

The night session of the court begant 8:30 o'clock, with Mr. D. J. Gregorytill upon the stand, and that the pros¬ecution stated that they would for theresent withdraw the question as towhether anybody's feet had beenmeasured to find whether they cor-

esponded with the tracks found in theano by Gregory and Mr. Pettus.The witness was examined in exten-o aa to the tracks, and explained that ,he reason only left-foot tracks had>een found, was because the right feet»f the parties who entered had beenipon hard ground, the left foot beingdaced on sandy soil, cut up by stock.

STOOD ASIDE.

After a severe cross-examination,he witness was told to stand aside,vith the understanding that he wouldie recalled later.Mr. J. K. Eubank then took the stand

ind testilied that he went down theanc leaping to the old gate-place ear-

y Saturday morning, and had fouudwo bare-touted tracks going out of,ue draw-bars and two coming la nexto the left-hand post going out.

WHAT BROTHBB EUBANK rOUNI).

Mr. Eubank said that he had examin¬ed all along the lane, and at tbe cornerof the yard fence he found where someuni- bad gotten over the railing, andthe print of their feet was upon theplank. He also found at this point a

of cloth ab--ut mn inch squaretern out of a garment.At this point, before the witness told

any toing more about this torn piece,the jury were sent from the room.Mr. Kubank then continued, statingthat there was a sharp splinter uponthe fence a point where this party got

which had caught her dress andtorn out a square piece of blue cloth.

THE CLOTH IN EVIDENCE.

Mr Eubank said that he did notknow where this piece of cloth was,that it had aeon handed around to sev¬eral persons to look at, and had notbeen returned. The defense stren¬uously objected to tbe admission ofthis testimony, claiming that it wassecondary evidence, tho piece of clothot having been produced in court.Before arguing the question Mr. Eu-

ban'v was questioned further, and, inordrr to test his knowledge of colorshe was shown a piece of cloth, whichhe promptly pronounced blue

DIDN'T KNOW THE COLOR.

"It happens to be green," said Cap¬tain Guigon, amid suppressed laugh¬ter around the court-room. Judge'Crute said that this question havingbeen raised he thought the witnessought to have a chance to look at thecloth by day-light. lt was agreedtherefore, that the question should bepassed upon to-morrow, and Mr. Eu¬bank left the stand.

WORE NO SHOES.

Mr. H. G. Fore waa then put on thestand, and asked if he knew whetherEllen Gale and Pokey Barnes had onshoes the day M»-s. Pollard was mur¬dered. He replied that they wereboth bare-footed. Mr. Fore then leftthe stand. The prosecution announc¬ed that they would recall himlater, and court adjourned until 9:3.o'clock to-morrow morning.

..u-

im,thetheredlenlede.

Farmville, Va., May 2, 1806.It was expected this morning thal

the prosecution would pursue furtheithe line of questioning begun yester-Ut»y. with Magistrate J. F. Eubank ot

the s.and to prove that the piece oblue clotn found by him on the baelfence of Pollard's yard was torn fronPokey'e dress on the en ng of thimurder as she climbed over.

DROPPED IT.

This was not allowed,however,ar.d iis understood by the defence that thiprosecution has droped the matter.The only question that the prosecu

tion has reserved the right to reopeiia concerning the tracks alleged tvhave been made by Pokey and Elle:Gale on the evening of the murder ithe lane back of Mr. Pollard's house.

THAT STICK OF GREGORY.

It is said that the stick with whicthe tracks were measured will be introduced before the close of the tria

Mrs. A. E. Clements waa the finwitness put on the stand when comreopened this morning. She testifiethat she saw Pokey Barnes while uider arrest for the murder of Mrs. Po!lard, and heard her say that she hopeSolomon Marable would be shot befoilie was brought back, for there was ii

telling what kind of tale he waa goirto tellor who he would put in it. MrClements said this statement wimade in her dining-room on a Sutday.This concluded Mrs. Clements' e:

animation, and Mr. H. A. White wput on the stand.

KNEW HE HAD MONEY.

He waa asked whether it was knovin the neigborhood that Mr. Polia:kept money in his house. He repliithat after the murder he had heardsaid that it was caused by the fathat Mr. Pollard had been talking abohaving money at his house.

RESTED ITS CASE.

The prosecution at this point reied its case, reserving the right, how*:er, with the consent of the defence,introduce a witness later in regardthe tracks found by Messrs. H. C. Gi

f;ory and W. W. Pettus in the laending to the old gate-place.The judge and counsel on either si

then repaired to a private room, a

nearly two hours was consumed ingument as to what portions of .MaDerbyshire's testimony should bemitten.

Major derbyshire.When they returned to the cot

room Major Derbyshire was put onstand aa the first witness for thefence. He testified as follower

ury Q. Did you have a statement

leu (inle taken down at Lunenburg.urthouse before she was examinedre in the Pokey Barnes case?V I did.(J. Why did you have that state-ent taken down?

U IBTaUJ WITNESS EIXBD.

The prosecution objected to theiswer to this question, and the juryas taken out. The answer was aa fol-ws: "I went into Mr. T. C. Fowlke'aore one morning for a cigar. Whilethere he said to me, Ellen Gale is

¦re. nm! if she is allowed to make theme statement on the witness standmt I understand she wijl make, sheill prove an alibi for Pokey Barnes

ought tn tie fixed. I asked himm where Ellen (Jaie was.II*- eame to the door with me andSilted to a woman sitting on theireh, and snid that was Ellen Gale.

WHAT ELLEN SAUL

I went to the woman and asked her¦he was Ellen Cale. She said she

as. I asked her if she was a witnessthe case of Pokey Barnes. 8he re¬

lied, "yes." I then asked her if shend any objection to stating to me ex-*tly what she knew about the case.hs said she did not. I then took her> s building adjoining Mr. Fowlke'aore, anil asked ber to make the sameatement to Mr. Cardoza who was Ser¬vant in the Hospital corps and I leftlem together.

MR. CARDOZA WROTE IT DOWN.Some little time after that Cardozanine to me, and said he had taken thetatement and rend it to me.I then suggested that he see Pokeylames, and get her statement withoututting her know that he had seen Ellenhale, to see how near their statementsrould tally.

TWO STATEMENTS AGREE.

The t wostatements were so similar,hat I didn't see that there was anyn.-iterinl difference between them.There was nothing to attract my

it tent ion or to make me think that-it her was not telling the truth. Ilon't think I told any of the officials ofmnenburg county alamt this state-nent. I thought it was my duty tjg.uko it.

TUE ANSWER WHICH WAS ALLOWED.The answer allow cd by thc Court waa

is follows:I had the stntement taken down in

.onsequeiice of informati.n: ret.¦which loft anon mynui/Xithe impress¬ion thal tba Interest of justice demand

ment betaken down thenmd there. "

Q, What was the information receivedind from whom?Objection was raised by the prosecutionlo this question and was sustained byFudge Grut* The defence noted an ex¬ception.

¦OW IT WAS DONE.

Q. Did you have a statement made byPokey Barnes taken down at the sametime, bul not in Ellen's presence, andwithout the knowledge of either thattin* other's statement wus taken?

A. N.This question there to was objected toby the Commonwealth, and the objec¬tion was sustained liv the Court Thedefense again excepted.Being cross examined the witnes ssaid

that while he did not inform the offi¬cials of Lunenburg county, he talkedvery freely with .lodge Orgain and Mr.Neblett. He was certain he did notmention the mutter to Mr. Neblettand w ns under the impression that hedid not say any thing about it to JudgeOrgain.

MR. CAKOOZA TESTIFIE8.This concluded Maj Derbyshire's ex¬

amination, mid Mr. Hugh Cardoza, whowas sergeant of tbe hospital corps atLunenburg Courthouse during the trialof the women, was put on the stand.He testified that one day, while thereMajor Derbyshire came to him at thevacant store that was used as an apoth¬ecary shop, and brought Ellen Galewith him, and told him to take down astatement that she wanted to make.

HIS RECOLLECTIONS.The witness said he did thia. He

then repeated the following as his rec¬ollection of what she had told him:Pokey aaid she came to Kr. Folkes

and brought the clothes, and come toour house about ll o'clock and askedfor a chicken, and I told her I'd let herhave the chicken if ahe would let mehave some meal to make some bread forher children.

I let her have the chicken, and toldher that if one of her elder childrenwas at nome she could send for themeal, but there wasn't anybody butthe little ones at home, bo I went my¬self.

4

.iTHE TRAIN PASSED.

We went on to Mr. Rutherford's, andthe 1 o'clock train passed while wewere there. Davy Williams and Char¬lie Bailey met u- at Mr. Folkes' andcome home with us and we went on opthe road.al iht id gate Hen Knight told Pok

ey he wanted to see where the menwere going to work. We kept on upto Pokey's house, and she cooked forus and asked me to eal, but I said I

n I was not hungry, but had a headache.n I She told me to eat a few mouthfuls

and maybe 'twould do me good, and soI did. The men had gone to work.

WANTED HER TO TARE A WALE,While we were laying down Aunt

1, Betsy Ellis and Mary Craighead came;t in and sat down awhile. Aunt Betsyt said to Pokey : "Come and take a walk,d we are going to Mr. Thompson's afteri- cherries."1- We went about three quarters of ad mile towards Mr. Thompson's and*e came back home. This was about fourio o'clock.ig I lay down and went to sleep, »nds. didn't know where Pokey was while Iis was asleep. When I woke up it waai- about 6:30. When I lay down it was

about 4:30 She was awake when I lays- down, and she was awake when I gotas up.

THE OBOS8 EXAMINATION.Thia was all the witness knew shout

the matter. He waa then turned overto the prosecution and cross-examinedby Mr. Southall. The latter asked himamong other questions, why hs badtaken down the testimony so careless¬ly, the witness having admitted that ashe waa a newspaper man, he had takenit in the shape of notes, which it mighthave been imposaible to read after¬wards.The witness replied that he cou'd

have taken it down better if he hadknown it would be used."Did you take it down for fun?"

asked Mr. Southall.mO) j CAPTAIN WISE «>.Yb A WORD..nd I Captain Wise here interposed, and*r_ said that as Mr. Southall had askedJ°T I the witness why he had taken down theB°-- I testimony, he insisted that he (the witIn -si should be allowed to explain.I '\ ho jury were sent from the room and,rt-It ie witness replied to the interroga¬te I tion why he thought it had been takende.|down by saying:

nirdsditctut

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