By the Associated Press
Cumberland Court House, Va., Oct. 20—A verdict of second degree murder with the minimum punishment of five years in the trial of R.O. Garrett, Cumberland county clerk, for the killing last June 5 of the Rev. E.S. Pierce, Baptist minister. A motion to set aside the verdict as contrary to law and evidence and for various other causes was immediately made by defense and Judge B.D. White announced he would her arguments on the motion in Richmond on November 22.
Pending the outcome of the argument, losing which, the case will be appealed to the higher court, Garrett was released on bond of $35,000. The state, through Commonwealth Attorney Milton F. Bonifant and Attorney Richard Byrd, opposed granting bond in any amount when counsel for the prisoner moved for renewal of the old bond of $25,000. Judge White, however, stated that he would permit a bond but increased the amount by $10,000.
The verdict today of the jury, which was brought here from Southampton county under change of venire granted at the request of the state, brings to an end for the present the trial phase of a case that has been regarded as one of the most stubbornly fought and one of the most remarkable in the history of Virginia. The jury deliberated just two hours and 30 minutes and predictions of another hung jury were being freely made when the jurors came into court and asked to be told the penalty for conviction of murder in the second degree.
Further consideration by the jury was understood, was over the question of the number of years.
The trial had been in progress since last Tuesday evening and was the second time that Robert Garrett hade been put on trial for his life as a result of the shooting to death of the Baptist minister at his home here, for which both he and his younger brother, Larkin C. Garrett, were indicted for first degree murder. The latter also was once brought to trial, his case ending in a mistrial after it was alleged three members of the jury, before going into the jury box, had expressed opinions about the case. His case had been set for re-trial December 11. The jury in Robert Garrett’s first trial came from Amherst county, Judge White having decided after the Larkin mistrial that it would not be possible to obtain a fair and impartial jury in Cumberland county because of the two factions in the county and which were said to involve most of the citizens of Cumberland. The state, which had asked the change in venire, also had requested a change in venue, but this was denied in each case.
Judge White’s action in sending outside the county for a jury is one of the chief grounds upon which the defense bases its motion for setting aside the verdict. It claims the court had no such right until every effort had been made to obtain a jury from Cumberland county. Instructions and the charge in the jury also were other bases for the motion. The motion was made by Louis O. Wendenburg.
The Garrett trial was fought with four lawyers for the prosecution and three for the defense. Attorneys R.E. Byrd, R.H. Mann, G.B. White and Commonwealth’s Attorney M.P. Bonifant of Powatan prosecuted the case and attorneys L.O. Wendenburg, H.M. Smith, and W.M. Justis Jr. represented the defense.
Members of the jury left for their homes tonight as did the special police guard brought there from Petersburg and which has done guard duty here during all of the trials.
From the front page of the Sunday Morning Herald, Durham, N.C., Oct. 21, 1923
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