Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-23

and against the Sherff's protest. Your
petitioner IL advised that said county
Court OF Lunenburg has no jurisdiction
10 make the order nunc pro tune when
II seeks to make. and that your peu-
toner's person ~ under the jurisdiction
and control OF this honorable court ana
that this honorable court VIII not permit
your petitioner 20 be deported hence 10
Lunenburg county without some valid
reason therefor. which does not exist
and IN no event while there Is the eX-
listing danger. n not certainty, that she
viii be lynched.
TO ENLARGE THE WRIT
In tender consideration whereof your
petitioner prays that this honorable court
will enlarge the witt Of error and super
sedeas already granted her. so as TO for
Did the said Charles ~. Epps. Sergeant
OF the city OF Richmond. 10 deliver your
petitioner 20 the said NJ. &. CardoZs
sheriff OF Lunenburg county. and 80 as
10 ftrria d., said NJ. &. Cardoza. Shcrin !.
Richmond. from taking your petitioner
out of said city. n she has been already
delivered 10 him. and so 90 20 command
him 20 return her to the custody Of the
said Sergeant Of the city OF Richmond.
n she has been already delivered 10 III"
said Cardo2a. and 50 as to command said
Sergeant of the city Of Richmond 30 hold
her until further orders of this honorable
court.
Ana your petloner will ever pray. etc.
(Signed MARY ABERNATHN.
Her y mark
his petition was sworn to before u.
NJ. Rowelle, clerk OF the Circuit Court.
THE WRlTS ENLARGED.
At 20 minutes to II O'Clock Judge
Keith entered the Clerks Office and
announced that the writs would be
enlarged. and directed that orders I'm each
case be served on Sergeant Epps and
Sheriff CardoZd. This was done at once.
The orders are as follows:
ut Is ordered that the writ Of error
awarded in this case he so enlarged as
10 require the plaintiff In error who
* now in the custody OF the Sergeant OF
the city Of Richmond to be retained
In such custody until the further order
of this court. or, If delivered to the Sheriff
OF the county OF Lunonburg. said Sheriff
is directed 20 restore her 10 the custody
OF said Sergeant"
70 each Of these was affixed an acknow-
ledgment OF service. signed by VI. G.
Cardoza and 9. u. Epps.
WHAT MAY BE DONE.
The court went on the bench at II
O'Clock. and Judge Keith made q formal
announcement of what had been Gone
He stated that some days ago Il m)tion
had been made TO enlarge the courts
writs OF error and supersedeas granted
day morning an amended peti;ion had
been filed. showing additional grounds
for the motion. and reasons why the
court should intervene: therefore. the
writs had been enlarged
Judge Keith subsequently sta ed. when
asked by Judge Mann what was 10 be
done about the nunc-pTO-tunc orders. that
counsel might obtain such ord s-s nunc
pro tune as Judge Orgain might see fit
10 enter. and argue the admissibility and
force and effect Of the orders at tie hear
ing before the Supreme Court Tuesday
when argument for a new trial was gone
into. and If the court should bo of the
opinion that the County Court OF lupen-
burg haG authority 10 enter :he orders
nunc pro tune. and that they would
effect if entered. the decision Of the
court on the question of new trial. and
that they could not be properly entered
without the presence OF the prisoners.
the court would see that the interests
~ the Common wealth were not ieopar-
died
This utteIance Of Judge Keith was IN
torpretcd to mean that If the Court thinks
the presence OF the prisoners necessary
10 the amending Of the record. provided
the record can he amended. it will con-
tinue the hearing for a new triaJ end
send the prisoners back to Lunenburg.
The decision of the court I'm enlargiug
its writs was dissented from BY Judges
Ricly and Buchanan.