Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-11-22

u. - uRuStuS 1dptluy o ACulUC VI luC oldus
dard oil trust, died at Babylon, l.. l., to-day,
aged so years.
The electric arc light works in Chelmsford,
England, were burned to-day; loss $4,000.
Court OF Appeals at Richmond.
The Court of Appeal yesterday de-
cided the case of the Lunenburg muir.
derers, q subject covering the powers
of the executive and those of the ju-
dietary. The opinion of the court,
which is practically unanimous, was
written by Judge Buchanan. 1t holds
that the Governor had no legal author
ity for preventing the city sergeant of
Richmond from allowing the murder
ers of Mrs. Pollard to be removed to
Lunenburg, and, while not granting a
mandamus, it is a victory for the au-
thorities of that county. The court, in
its opinion, Says among other things :
1.-THE functions of the various parts of
our government are thoroughly sep
arsted and distinctly assigned to the
principal branches of it, viz, the legis-
lative, the executive and the judiciary,
which, within their respective depart
ments, are equal and coordinate. II
anything is self-evident in the struc-
ture and organization of u govern
ment, it is that the executive has no
power to interfere with the judiciary in
the performance of its duties. If the
County Court of Lunenburg, or its
Judge, committed error in making the
order in question, the remedy was in
the courts. We find nothing in the
constitution or laws of-the State which
authorized the Governor to direct the
keeper of the jail to disobey the order
eff the County Court, and his act being
without authority furnishes no legal
answer to the rule, and shows no cause
why the madsmus prayed for should
not be awarded. The court further
holds that the writs of error issued by
it in these Lunenburg cases do not take
the custody of the body of the prisoners
out of the jurisdiction of the County
Court. Their status Or condition, the
opinion maintains, is in no way changed
by these writs of error.
Considering the question of the writ
of habeas corpus granted by Judge
Wexford pending when the case went
to the Supreme Court on mandamus, it
was held that the facts in the cas- do
not seem to show probable cause for
such action. The Circuit Court, how
ever, having taken jurisdiction and
granted a writ, the same is not void.
Judge Keith, the president of the
court, concurred with his associates,
but filed a brief statement declaring it
was not clear to him that the judge of
Lunenburg had jurisdiction after the
final judgment was pronounced upon
the prisoners, except with regard to
their safe keeping. The only other
point relates to Judge Wellford's juris-
diction.
The habeas corpus case came up be-
fore Judge Wexford yesterday even
ing, and the prisoners were remanded
back to the custody of the jailor in
Richmond.
1t is expected that Solomon Mara
Die and the other convicted murderers
of Mrs. Pollard in Jail in Richmond
will leave to-day for Lunenburg.
The court handed down the follow
ing decisions.
BY Judge James Keith, President I:
Allemong vs.. Gray's administrator.
From the Circuit Court of Rocking
ham county. Decree reversed.
Lightner VS.. Lightner. From the
Circuit Court of Augusta county. De-
cree affirmed.
Board of Supervisors of Bedford
county vs.. Bedford High School. From
the Circuit Court of Bedford county.
Judgment reversed.
By Judge John W. Rely: Braxton,
trustee, VS.. Bell and others. From the
Circuit Court of Augusta county. Re-
versed.
Davis & Snap VS.. Poland. From
the Circuit Court of Allegheny county.
Reversed.
By Judge R. H. Cardwell: Shepan-
doah Land and Anthracite Coal Com
pauy vs.. Hise. From the Circuit Court
of Augusta county. Affirmed.
By Judge John a. Buchanan: Elm
gers executors vs.. Kenny, trustee.
From the Circuit Court of Rocking
ham county. Reversed in part and
affirmed in part,
Stull VS.. Rich Patch Iron Company.
From the Circuit Court of Allegheny
county. Judgment reversed.
Cardoza, Sheriff, vs.. Epps, Sergeant
Mandamus refused.
By Judge George M. Harrison:
Buena Vista Company VS.. McCandlish
& Cloves. From the Circuit Court of
R~ockbridge county. Judgment re-
versed.
Town of Clifton Forge VS.. Allegheny
Bank, and town of Clifton Forge VS..
Brush Electric Company. From the
Circuit Court of Allegheny county. AT
frmed.
Kessee vs.. Melvin and others. Writ
of mandamus awarded in accordance
with the prayer of petitioners.
Petition of Crawford Sims for a writ
of error to an order of the Hastings
Court of Staunton. Writ refused.
Petit, by next friend, VS.. Ridgeway's
administrator. Petition to rehear de-
cree entered at the term of this court
at Staunton. Refused.
Robinett vs. Robinett. Leave to
file petition for ~rehearing refused, time
within which it could be filed having
elapsed. =.
Seaboard and Roanoke Railroad
Company vs.. Joyner's administrator.