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The prisoners were most ably and zealously defended by Messrs. Armstead, Smith and Coke of Williamsburg and Mallory of Hampton. A verdict of guilty against Press was also rendered by the Jury but on motion of his counsel Chas. K. Mallory Esq. The verdict was set aside by the Judge and a new trial ordered. The Commonwealth's Attorney stated that he should enter a Nolle Prosequi in this case. I cannot escape the belief that had he been a southern white man, the Jury would have acquitted him on the evidence without hesitation. This counsel after making a motion for a new trial which except in the case of Press was overruled by the Court at once filed bills of exceptions in their behalf with the purpose of procuring a new trial on the ground that the verdict was contrary to the law and testimony adduced in the case. I would respectfully recommend that should the appeal taken in behalf of the prisoners be decided against them, an effort be made to procure a mittigation of the sentence in
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Reopened for Editing 2023-10-06 07:32:34