Richmond Planet from Richmond, Virginia • Page 1

XTbe for HU Rbvertteers IDcefdno Colotcb peoples' XErabe. Circulation Guarantee, Special Tilpon Xarae Bovertiscments. ffto Sboulo Ubfs 3outnal Ute "fcome. TEerma tn Hovance: $1.50 per ipear. Sent to part of "Unite? States ant) Canaba.

VOL. XIV. NO. 3. RICHMOND, VIRGINIA.

SATURDAY. JANUARY 2. 1897 PRICE, CENTS. SHE IS FREE. Mary Barnes Released From the Penitentiary.

THE LONE WOMAN'S TROUBLES. Adrift in the Streets of a Strange City. NOW IN A PLEASANT HOME. She Waited Patiently for Deliverance. THE DISTINGUISHED COUNSEL.

Sketches of their Career Jove rnor Charles T. O'Kerral 1 decld ed on Wednesday night, December 23 1896 to pardon Mary Barnes, and OH a la. bitter cold Christmas morning she was turned adrift by the authorities at the penitentiary in the streets of a strange city. This was done too after repeated ef? forts had been made to ascertain the time at which she would be released from the gloomy walls of the pri-cn. They said she would go out at about 9 o'clock instead, she was sent out at about 7 o'clock, although Octavia Hodges, another pardoned inmate waa not sent out until a long time after? wards.

PREPARATIONS WERE MADE. This was done too when it was known that preparations had been made to lead the lone woman to a place of comfort where kind friends were ready to assist in an atonement for the wrong which had been done. Superintendent Lynn was absent, and this may account for the peouliar action of his subordinates. Suffice it lo say that Editor Mitchell was there at the appointed hour and learned that Mary Barnes had been sent to his office in company with a Mrs. Crump, moth? er of one of the inmates of the peniten? tiary.

I he office, of sourse was cloted, it bring Ctiristmas, and Mary Barnet was carried to the extreme end ol Manchester, thinly clad, and just from a warm cell, to weather the chilling blast of a December morning. She was not found until past mid' day, and she was carried to the resi? dence ol' Mr. and Mrs. Benjamin son, 902 North 7th St chap ter in the peculiar conditions in a tru ly celebrated case It was impossible to secure for hei the necessary clothing at that time but on Saturday morning, she wai made comfortable. Owing to her no returning to the place from which was sent, she received her mileage a she describes one dollars, a flf ty cent piece and three cents.

In assigning his reasons for his ac tion, the Governor says: "This woman was tried and convict ed as an accessory be forest he fact to rh murder of Mra. Lucy Jane Pollard ii Lunenburg county on the 14th day June, 1895, and was sentenced to term of ten years in the penitentiarj which she has been serving since th 22nd day of July, 1895. THE ONLY TESTIMONY. It is conceded that the only testi ninny against her was that of one Molo onion who was convicted a the mi rderer, sentenced and executed She was first indicted with Marabl and two other women (Mary Abernath and Pokey Barnes) for the murder. I was discovered, however, that sh would be able to prove an alibi by th testimony of the husband of Mrs.

Pol laid, and this indictment was dismiss ed and an indictment as an accessor before the fact found. arable's variations. On her trial as well as on the trials Mary Abernathy and Pokey Barnei Marable made several conflicting an contradictory statements, finally ital -a 5 ing that his testimony first given im? plicating the three women was false that neither of them had any connec? tion with the murder: that they were innocent of participating, aiding or -betting in the commission of the hor? rible crime, and to this laat statement ie adhered, to his death on the ecaffold. THE WOMEN CONVICTED. The other women, (Mary Abernathy and Pokey Barnes) were also convicted pon the indictments against them, and were sentence to be hung.

They. as well as the prisoner, applied ulti? mately to the Supreme Court of Ap? peals for relief. Owing to circumstan? ces peculiar in their character, but un? necessary to mention, the writ of error awarded in the case of the prisoner was dismissed. NEW TRIALS GRANTED. New trials were granted to the other women.

On the second trial of Mary Aber? nathy there a conviction of mur? der in the first degree, and she was again sentenced to be hung. An ap? peal was taken to the Circuit Court, and upon the hearing that court held that the evidence did not warrant the finding of the jury, and another tiial was awarded, whereupon a nolle prose (jui was entered and she was discharg? ed. DISCHARGED PROM CUSTODT. On the second trial of Pokey Barnes, after all of the evidence had been in? troduced, the attorneys for the com GE D. WISE.

ri monwealth, deeming the evidence ip sufficient to convict, with the assent 't the court, entered a nolle prosequi, and she was discharged. In neither of ti ese last trials Wai Solomon Marable introduced, though he had been the most prominent wit? ness in the trial of Mary Barnes and the first trials of the other women, hil conflicting and contradictory state? ments having rendered him absolutely unworthy of belief. DECLARED THEM INNOCENT. It will be seen that two of the worn en implicated by Marable in his fl rsi statement, but whom he declared to tx innocent in his subsequent and dyinj statements, have been acquitted am diach-rged, yet the third, Mary Barnei against whom, in my opinion, then was the least none except the first statement of Mar still suffering the penalty her conviction. AN APPEAL TO FUNDAMENTAL PRINCIPLE The life or liberty of a citizen, how ever humble, is too sacred in the eye of the law or of civilized man to taken upon the testimony alone of self-convicted perjurer and murderei one declared to be so base and degrad ed as to exclude him as a witness i subsequent trials in a court.

Ever mandate of justice and dictate of cor science require that the prisoner restored to her liberty. THE PARDON IS GRANTED. She may be guilty, but no jury honest convictions and freedom judgement would, it Marable were sti living, and with the facts recited bi fore them, consider his evidence for moment. The pardon is granted. When Solomon Marable glibly to) of the part played by Mary Barnes i the murder of Mrs.

Lucy Jane Pollan he was met by the statement of ol man Pollard himself that she was i the field, working with him at tl time the murder was alleged to hai been committed. The jury ascertained her punisl ment at ten years in the Virginia pei itentiary, and she had to be stnugglt away from Lunenburg county to pr vent lynching. IIKR ANKLES SKINNED. When she reached the penitentiar for weeks afterwards she couldn't wei any shoes, because of the iron ma acies which had scraped the skin fro her ankles. Mary Barnes had therefore becou separated from the other prisone and any change in her condition fro a legal standpoint would have retur ed her.

not to Richmond jail with ry Abernathy and her daughter, Barnes, but to Lunenburg Go. LIVES IN DANGER. Therefore, when it was presunv that a new trial would be granted omon Marable, Mary Abernathy ai Pokey Barnes, a serious apprehensii was felt for Mary Barnes. lt was thought that the placing A Happy New Year to All. the prisoners within the active juris? diction of the County Court ot Lunen? burg would ensue their return to that rebellious locality.

WITHDRAWAL OP THB PETITION. It was then that consultation was held and counsel decided that John Mitchell, Jr shou take with him notary public and repair to the peni? tentiary and secure the signature 01 mark of Mary Barnes to the document, asking for the withdrawal of her peti tion for a new trial. Her case was accordingly dismissed Her return to Lunenburg county ai that time meant certain death and il was thought that the other prisonen had slim chance of remaining on "thii side of the river." JUDGE OROAIN'S ORDER. Efforts were made even after thii withdrawal to secure her person as thi following order entered by Judge Orgain will show: The Commonwealth op Virginia, To the Sup't of the Virginia Stat We command you tbat the body ci Mary Barnes, detained you, am under your custody, as it is taid, whatsoever name she may be called you have before the judge of our coun ty court of the county of Lunenburg at the court-house thereof, on the 13tl day of November, 1895, to do, submi to, and receive all and singular thoa things which shall then and there considered of her in this behalf, and make defence to a motion then an there to be made on that day to coi rect the records of Lunenburg count court upon her trial for murder of J. Pollard.

And have than and ther this writ. Witness Jno. L. Yates, clerk of ou said court, at the court-house, the lit day of November, 1895, in the 120t year of the Commonwealth. John L.

the officials There was quite a commotion wh? it was known that auch an order hi been entered and many were the spex ulations concerning the same A hu ried consultation was held by the Go ernor, the Attorney-General and tl Superintendent of the Virginia Per tentiary. The res ult was that ale HON. H. W. FLOURNOY.

was addressed to Judge Orgain as lows: Attorney-Gbneral's Office, Richmond. Nov. 18, 1895. Hon. Gbobob C.

Ordain. Judge of Lunenburg County Court: Dear Mr. B.Lynn, superintend? ent of the State penitentiary, handed to me the process of your court, dated the llth instant, which process commands him to produce be? fore you this day the body of Mtry Barnes, in his the words of the process, "to do, submit to, and re? ceive all and singular those things which shall then and there be corund ered of her in this behalf, and to make defence to a motion then and there to be made on that day to correct the records of Lunenburg county court up? on her trial for murder of M. J. Pol? lard Who applied for this writ, 1 know not, but suppose it was upon thc petition or motion of the attorney foi the Commonwealth.

without jurisdiction. The papers delivered to Superintend ent Lynn with the body of I Barnes are attested ss the record her trial in your court, and show tha I Mary Barnes wat found guilty of thi murder of Mrs- Lucy Pollard, and he punishment ascertained by a jury ten years imprisonment in the peni tentiary and this term of servitude she is now rendering in that prison house. It therefore must follow that Mary Barnes is civiliter mortuus, and over her tbe county eourt of Lunen? burg has no jurisdiction or power. NO DISRESPECT INTENDED. Without meaning or intending any or the least disrespect to your court, by my advice and by my direction.

Superintendent Lynn respectfully de? clines to obey the process served upon him I have advised Judge Mann and Mr. Southall, with whom I had a satis? factory conference to-day, of my ac? tion. Without the petition upon which the process of your court is based, it is im? possible for me to prepare Superin? tendent Lynn's return thereto. Oblige me, therefore, by sending me a copy. WILL APPEAL THB CASE.

As soon after I received it as possi? ble I will prepare his return upon the lines indicated in this letter; and, should the return prove insufficient and unsatisfactory, then make youi order and punish the contempt. From this order I will appeal, give propel bond, and the Court of Appeals decide the issue thus raised. This is a matter too far-reaching ir its consequences to let it stop short the judicial tribunal of last resort. THB SUPERINTENDENT'S POWER AFFECTEI If such power as you propose to ex ercise after cot.viction, sentence, ant incarceration in the State be in the courts, then the penitentiar; is no longer under the control of th superintendent and Com monwealth's selected and entrusts agents. Before concluding this letter, I tak the liberity to say that I regret you action in awarding the rule for con tempt against Sergeant Epps, the aile of this city.

SERGEANT EPPS NOT TO BLAME. If wrong was done, and the dignit ot your court or yourself trespasse upon, the Governor and myself, an not Sergeant Epps, were the offender I know of my own knowledge and coi nection with this matter that no indi Oontinued in fifth column fourth paf RELIGIOUS CANTATA "REBECCA." Rich Costumes Acting. OATOHT AUDLESOE. Ashland. Va December 28, '96.

When the 4:58 train from Richmond here this evening a troupe of ringers from the cond Bapt. Ohurch Sunday School alighted. Their visit to the city was for the purpose of pre? senting the beautiful Cantata of "Re? becca" at the Union BaptistChurch of which the Rev. E. D.

Samuels of Rich? mond, is pastor. On the arrival of the company at the church, the ladies had a ta? ble with all that was necessary to sat? isfy the inner man. Tbe ladies and gentlemen oompoiing the troupe were made welcomed by the hospital ladies of the church, and to say that enjoy? ment reigned supreme would be only tutting it in a mild way. The per jrmance was presented to a crowded house composed of some of the moat intelligent people of Ashland and vi? cinity. The singers were encored to the echo HON.

A. and undoubtedly received the greatest ovation ever tendered any troupe in this place. The success of the enter? tainment was largely due to the untir? ing efforts of Rev. E. D.

Samuels. The troupe was loud in their gratuitous ex? pressions in connection with the hos? pitable treatment tendered them by the ladies of the Union Baptist Church and return them their most hearty thanks. Judging from the expression from those who witnessed the Cantata at the 2nd Baptist (hurch Sunday School has scored a point in the musical world and the people of Ashland will be of? fering them inducements to come again. Miss Rosa B. Yancey, the pianist fa? vored the audience with several fine selections between acts.

Witness FYTHIAN BOTES. The members of Old Dominion lodge met Christmas Eve at their castle hal for the purpose of holding their regu? lar meeting and to give the memberi the Christmas treat mentioned in oui notes of last issue. The treat turned out to be a prayer meeting and R. A S. Sir Knight Joshua Kinney was called upon to lead in prayer.

The officers elected at the last meet ing of Planet Lodge. 23, also the mem hers are requested to be present Mon day night, Jan. 4th The Grand Chan cellor and his deputy will be on ham for the purpose of installation and i is earnestly hoped that a large numbe will be present to greet them on thei: arrival. We are proud to see that the lodgf of the city have learned to know ths its always better to keep a good when you once come in possession it. Good officers are needed in a lodges and the Sir Knights have com to the conclusion to kt-ep the old wi horses in harness as is evidenced the elected officers of Old Dominioi Richmond and Planet are glad to see so many of the ol names before the public again.

The members of Myrtle Lodge, are requested to meet at their oast hall on 3rd St Thursday night at o'clock sharp. This being the fir meeting in the New Year it is earnee ly hoped that all of the membe whose names appear on the roll will 1 present and that an extra effort will made to carry the lodge to succe both numerically and financially. Richmond Lodge, 1, will hold its re ular monthly meeting Monday nigl Officers elect are requested to be pr? ent prepared for installation. Mei bers of sister lodges are Lodge opens at 8 o'clock sharp. ie Many Sir Knights who hi ti been working away from the cit: have been seen during the holidays and hand-shaking has been quite common.

In all of our travels on Christmas Day we are glad to say that "Nomad" did not see a single Sir Knight drunk. Eureka Division, 1 will hold its first meeting for '97 on Thursday Dight- It is to say tbat tbe Sir Knights will be out in large numbers ai from what we can learn the Division expects to make more raoid strides to the front in the future than in the past. Every Sir Knight whether uniformed nt not should be present and help to encour? age the newly installed captain. The Sir Knights should make a sacrifice to attend every drill of the division in or? der that a good showing can be made at Suffolk during the Grand ses? sion. No Sir Knight should think of going in the street who does not attend ihe drills as he will really do more harm than good.

Every member of Planet Division. 8 are requested to be present Monday night. Business of importance tobe transacted, Excuses not accepted as your presence is needed. A treat in store for you. At a meeting of Friendship Lodge.

3 of Norfolk, Va held Wednesday night December 23rd, the following (Slicers GUIGON. were elected for the ensuing Urm: C. J. W. Randolph V.

J- C. Wil? son M. of L. S. Luton M.

of Ex J. J. Corprew K. of R. and J.

C. Brinkley Lomax; M. at James Williams I. J. W.

Sher ran J.J. James Representa? tives to the Grand Lodge. Alexander Jones, J.C. Brinkley and R. E.

Kin? dred. The meeting was very largely attend and after the routine of busi? ness was transacted thanks was turned to God for having led the lodge to suc? cess throughout the old year. On the 24th of December it pleased God to remove by death brother Rob? ert Hill. The Sir Knights are in sym fathy with the bereaved family. He eaves a wife and daughter to mourn their loss.

Sleep on until ws meet again. Manchester Lodge.il will have an annual sermon preached January 24, 1897 at the 2nd Baptist Church, Man? chester, Rev. D. W. Davis of Plan? et Lodge, 23, the pastor of the ohurch will officiate.

All Divisions and Sir Knights are invited to be present. Friendship Lodge, 3 of Norfolk, heads the list and is the only lodge in this juiisoiction that has a member? ship sufficiently large to warrant the election of three grand representa? tives. Nomad. Burned to Death. On last Monday morning at 9 A.

M. little Baby Harris, the 3 year old boy of Mr. and Mrs. Jack Harris, of 1512 Jacquelin Street, was fatally burned, breathing his last at 9 p. the same I evening.

The mother and father were lout at work, leaving their three little I children in the house, theoldsit being 1 five years of age. The unfortunate in? fant was playing in tbe fire and its clothes ignited. The eldest child opened the door and the infant rushed in the street envel? oped in flames. A sympathetic lady succeeded in subduing the flames, but too late to save it from its awful fate. A Remarkable Shot.

ive Ben Moseley, colored, the driver for Messrs. Tolley and Peterson at Whist? ler, made a shot last week that will do the shooting clubs well to ponder over. He was at work in the wood yard of the latter gentleman, when he saw a large hawk flying around. Ben watch? ed his manoeuvers for some time, when Mr. Hawk descended upon an unsophisticated brood and came up with a half grown chicken.

Ben ran to the hoase, procured a gun, snapped twice at the hawk, and by this time the hawk, with its prey, bsd taken possession of the top of a large oak. Ben went into the store, procured fresh cartridge fired at Mr. Hawk and killed both the chicken and hawk. The distance was about seventy-five yards. Mobile, Daily News..