The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-12


DISCHARGE. -....
sally ANDERSON BEFORE UNDERH0 I'D.
The negro woman named Sally Anderson
came before Judge Underwood in the United
States Circuit Court yesterday on a writ of
habeas corpus obtained by her attorney,
which writ sets forth that she is illegally
detained by the sheriff of Henrico, the court
which tried her having been illegal under
the fourteenth article of the Constitution of
the United States. .f"t- '-a..
Attorney General Bowden, on behalf of
the respondent, moved that the writ be re-
turned to the District Court of the United
States in chambers on this ground, that
Sally Anderson has been regularly tried
and convicted by the county court of arson,
and is now under sentence Of death. The
petitioner sets forth that the magistrates,
commonwealth attorney, and the clerk of
the court, are disqualified under the four
teenth amendment. These gentlemen should
be allowed hearing before, q court, from
the decision of which they may take an
appeal if they think proper. No one had
bis cher regard for Judge Underwood's opin-
ION than he had, but if the acts of the
Henrico county court are alleged to be ille-
gal he wished it to be carried before the
Chief Justice himself.
If his Honor decided to set aeide the SEN
tenee and turn Sally anderson loose, there
was no law in this Commonwealth, and no
person can be tried, for there will be no
court in the State legally entitled to try
criminals. If tried they would get out
writ Of habeaS corpus and be discharged.
If the Judges Of the State are holding their
Offices illegally, let the United States Dis
trict Court or the Supreme Court decide it
but he contended that if it is decided that
they are exercising their offices illegally,
he might 20 out in the street and shoot
man down without fear Of punishment.
He hoped, in view of these facts, that his
Honor would let this case be decided in
chambers, whence there will be an appeal;
but if decided in this court there is no ap-
peal-.or, at least, it is doubtful.
Colonel Young, Commonwealth Attor-
uey of Henrico county, said he agreed with
the Attorney-Gencral that this was grave
case, and he hoped his Honor would grant
the request and let this case be considered
in chambers.
Mr.. c. S. Bundy, counsel for the petitioner,
said he would make no objection to any rea-
5ouable request, but he did oppose and pro-
test against the idea thrown out by the At
torney- General, that if he or any other
man committed murder that he could not
be tried for it. If the courts were not legal
they could be made legal by appointments
PROM, ba piipO General
Mr.. Bowden: We cannot compel the COM
manding General to appoint any man. If
the case of Caesar Griffin is allowed to be
right, l ask in what county in this State
can man be legally tried ? Under this
decision, there are only two Judges in the
State competent to hold court. l say
again, that if I shoot a man down in the
public streets, how could you try me?
Mr.. Bundy: can take you before the
Mayor, send you to Judge Burnham's court,
and have you indicted.
Mr.. Bowden: But, sir, where is your
clerk to read the Indictment? would not
be obliged to respond to any Indictment he
might read. Who to swear the jury? And
I would be entitled to a trial before jury,
with q court Of magistrates presiding and
in what county in the State is there amagis-
trates' court where no member is disquali-
field ? | again ask that this case be de-
cided in chambers.
Judge Underwood said the remarks of
the Attorney were correct-that If
this case was decided in this court there
could be no appeal-and if all the parties
agreed he would willingly carry it to the
District Court; but it was the right of the
petitioner to say where she would be tried !;
and unless she agreed to the removal 1t
must 90 on in this court.
Mr.. Bundy said if they allowed this case
to be carried into chambers it might bring
up the question of bail, and he therefore
objected to its removal. .............
Attorney-G General Bowden then read the
following reply to the writ by the respond
/" TO the Honorable John c. Underwood,
Judge of the United States Circuit Court
for the Circuit of Virginia.
"Your respondent, in answer to the writ
served upon him to bring the body of Sally
Anderson into court, and show cause why
he detains her, answers and says: That
the said Sally Anderson was indicted for
crson by the grand jury of the county
court of Henrico on the I'd day of March,
1868. On the 9th of August, 1868, she was
convicted of said crime by said court, and
on the 18th of August, 1868, sentenced by
said court to be hanged by the neck until
she be dead. And she was remanded to
jail until the day of appointment for her
execution. Your petitioner is sheriff of the
said county of Henrico, and as such is
charged with the custody of prisoners COM
mittedto the Jail of said county, and also
with the execution Of persons sentenced to
death. .aJ~
"By virtue of the said sentence of death
passed upon the said Sally Anderson by
the said county court Of Henrico, and by
virtue of his office as sheriff Of said county
of Henrico, he holds the body of the said
Sally Anderson, which he now brings into
conrt. ~ ..ss...a- aa. saa
q Your respondent asks that copy of the
record Of Henrico county court trying, con-
yicting and, sentencing the said Sally An
derson to death, herewith filed and marked
Exhibit A. be taken as part of his an
swer. wherein his reasons for detaining
~ ~ II. r,