Richmond planet., 1895-11-30
RICHMOND VIRGINIA SATURDAY, NOVEMBER 80 1885,

obey the order of the County Court
the fact that writ of error and super
sedeas had been awarded each of the
prisoners by this court, the effect OF
which was to transfer each of the cas-
es from the County Court to this
court, and to take from that court the
power to enter any order therein
whereby the rights and persons OF the
prisoners were in any way affected, or
TO change their condition, status, or
custody from what it was when the
writs of error and supersedeas were
awarded and that he was advised
that the petitioner had been forbidden
by this court to do anything in the ex-
ecution OF the judgement or order Of
that court, or TO exercise Authority,
control, or power over their bodies
until the matters involved in the said
writs of error shall have been deter
mined by this court.
WOULD NOT DISCUSS THE EFFEcT OF THE
WRIT.
It is unnecessary to go into the
question of what was the effect Of the
writs of error and supersedeas award
ed by this court upon the rights and
duties of th3 County Court and the
Sheriff OF Lunenburg county, further
than to say that their effect was not to
deprive that court of the power and
the duty of entering such orders as
might be necessary for the safe keen
ing of the prisoners, and having the
right to make orders, under certain
circumstances, it was not within the
province of the respondent. the keep
er of the jail of that county, to cues
tion the power of that court to make
such orders as it might deem proper
in the premises in the discharge of it's
duty.
HOW THE QUESTION is TO BE DETERMINED
1t was his duty to obey its orders.
and to deliver the prisoners to the
Sheriff OF the county as directed. If
the prisoners themselves questioned
the power of the County Court to
make the order that was made. and
wished to prevent it's execution. they
had the right to have that question
determined by the courts by resorting
to the appropriate proceeding in such
cases.
Another ground upon which the re-
spondent bases his refusal to obey the
order of the County Court is that after
the Governor had ordered him not to
deliver the prisoners to the Sheriff of
Lunenburg County. he was required
by the Judge of the Circuit Court of
the city of Richmond TO produce the
bodies of the prisoners before him. and
he now holds them subject to his or
der, and files with his answer a copy of
the proceedings before the Judge of
that court in the habeas-corpus case
JUDGE wELFoRD's WRIT
The petition of the prisoners in that
case upon which the writ of habeas cor
pus was issued, does not allege facts
which show that they were detained
without lawful authority, nor does it
allege that they are so detained. On
the contrary, they allsge in their petit
tion that they were at that time in the
lawful custody of the keeper of the Jail
of the city of Richmond but express
grave apprehension that the keeper of
the Jail would deliver them to the Sher
i'll of Lunenburg county, in obedience
TO the order of the county court. The
fear that their custodian might deliv-l
er them to the Sheriff of Lunenburg
county. and thus in their view, place
themin illegal custody, furnished no
sufficient ground for awarding the
writ.
2 The writ of habeas corpus does not
issue as of course to every one impris
oned or detained who imagines himself
or another entitled to it's benefits
Thoush the writ is writ of right, it
should not be granted, except upon
probable cause shown, and the party
asking for it must make out a prlma
facie case Splitting on Extrs ordi-
nary Relief. section 1894; Sims case. 7
Cush, 285, POI Church on Habeas Cor
pus, section %; Hurd on Habeas Cor
pus, pages 222 to 224