Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-15
ASK FOR A MANDAMUS
Lunsnhurs Authorities Petition Supreme
Court for Possession Of Prisoners.
THE JUDGES WILL DECIDE TODAY
sheriff CardoyR VIII Await the Nc-
ton of the Appellate Court nm"
C,,t,i, Epp. VIII Not Go untii lie
Does-Othcr Eenturcs.

bbfN-OtntT
The Lunenburg authorities have NOT
In tn. least relaxed their e1orts TO se'
cure the custody OF the Pollard MUIR
ierers, and Judge William II. Mann said
yesterday afternoon that he propnsed
continuing the nght for possession of
the prisoners 10 the last ditch.
Judge Mann and Mr. r. g. SouiAah
appeared before the Supreme Court yes
terdav morning, and the former address"
ing the Court asked leave % file petit
lion for a writ Of nandamus recurring
Epps to deliver the prison
ers TO Sheriff Cardoza. The petltloa
in substance as follows:
"To the Honorable Judges Of the Sl-
preme Court Of Appeals Of the state
OF Virginia:
your petitioner, u. :. Nai"o]a,
sheriff Of the county OF Luncnburs, ouiy
elected and qualified, respectfully rep
resents to your Honors that on the Nth
day Of June. 1885. Lucy Jane pollard,
OF Lunenburg. was murdered IN her own
ward Shortly thereafter. solomon Mara
bic. Pokev Barnes, and Mary Abernathy,
were charged with said murder, ana AZ
the July term 1895. OF Luncnburg county
Court. were duly indicted, tried, ana
and sentenced TO be hanged
on the 10Th day Of the september toi-
lowing. That on the 9oth day OF July.
the County Court OF Lunenburg county.
entered the following order:
"rhe Court. deeming IL necessary Tor
the safe keeping OF the prisoners, VIII
liam Henry Marable. sometimes called
Solomon Marabe. Mary Abernsthy, and
Pokey Earnes who are convicted 10 be
hanged on september 2sth, next, doth
adopt the jai. of the city Of Richmond
az the jail of this county.
And the Sheriff OF this county Is or
dered TO convey 10 the said JAIL the said
William Henry Marable, sometimes called
Solomon MaraDle. Mary Alternately, and
Pokey Barnes. there TO be- safely kept
and treated until brought back by said
Sheriff to this county for execution.
~ copy -reste
JOHN L. YATES.
CLERK.
THE RECENT PROCEEDINGS
"In obedience to said order. the said
Solomon Marsbe polSey Barnes, aud
Mary Abcrnathy were taken to the city
Of Richmond and delivered into the Gus
tody OF Charles II. bpps, Sergeant of
the city OF Richmond. and as such keeper
Of the Jail OF said city. Your petitioner
further represents that on the iith day
Of November, 1895. the County Court Of
Lunenburg entered an order directing
your petitioner 20 proceed to the city
OF Richmond and TO bring the bodies OF
Solomon Marable, Pokcy Barnes, and
Mary Abernathy before the County CoUSt
OF Lunenburg and likewise required the
said Charles IA. Epps. ialler as Aforesaid.
Il. -
petitioner all Of which viii more fully
and at length appear by reference ~
a copy of said order herewith nled. mark
ell exhibit order. and prayed 10 be taken
and considered "a "A part OF this petition.
Your petitioner further shows that upon
the 18th and 18th days of November. act
ing under said order, he demanded OF
Charles H--Epps, Sergeant and Jailer, ~
aforesaid, the bodies OF the said prisoners,
but the said Epps declined To deliver
them 10 your petitioner. ln consideration
whereof. your petitioner having no other
legal remedy, prays that your Honors VIII
award a rule directed 20 the said Charles
H. Epps 10 show cause. II any he can,
why peremptory writ OF mandamus
should not be awarded against him re-
quirlng him to deliver TO your petitioner
the bodies of the said Solomon Msrablc.
IOhfN lftiii''s anu 'ihif +N''i''''yf w.
required 10y the said order of the County
Court OF Lunenburg. and your petitioner
as Ia duty bound viii ever pray. etc.
M. &. CARDoIA.
"Sherif OF Lunenburg county"
This petition was sworn 10 as the law
requires.
TO BIZ HEARD TO-DAY.
The cosIrt permitted the petition 10 10
filed. and President Keith asked Judge
Mann when he desired the writ To be
made returnable. and Monday was sug-
ges,ed.. The Attorney-General stated that
he desired TO nle an answer 10 the petit
tion. and that he couldn't be hore Mons
day. so. AZ his request. the rule for Ser
geant Epps's appearance was made re-
tnrnable to-day at II o'clock. AZ which
time the court ~ expected 10 rcnder
decision in the matter and if the De-.
cision is favorable 20 him. SherH car1oza
will take possession OF the prisoners
at once. and take them 10 Lunenburg
Notwithstanding Judge Nelltords order
In event that the Supreme Court renders
an adverse decision. the prisoners VII
remain in the custody IN which they now
are. subject 10 the orders Of Judge Well
f0rd's court
THE ATTORNEY GENERALS REPLY.
The Attorney General was engaged uni
late last night I'm preparing Ms answer
10 Sheriff Cardoza's petition. ~ - under
stood that ne will protest against tho
granting Of the writ Of mandamus.
Sheriff Cardoza will, OF course. remain
I'm the city until after the Supreme Court
acts to-day. and City-Sergeant Epps. who
has signided his Willingness 10 go Y
Iunenburg I'm obedience % the rule foi
tis aopearance. viii wait and 30 with th'
cbo,iG Mr. n NJ Smith Ir. who bar
been retained as counsel hy Mr.. tpps.
and Mr.. Claiborne Epps. VIII 20 with the
Sergeant. and Il IL likely that judge
Samuel y. witt win also accompany the
rus ATTORNEY-G GENERALS POSI-
TION.
IN view OF the fact that the Attorney
General l. the attorney Of the supreme
Court. and is to appear for tn Common
wealth IN the argument fOr new trial
for the Pollard murGerers his action I'm
taxing upon himself the task Of answering,
the petition OF Sheriff Cardoza might be
misconstrued. a. il would appear that he
il alignlng himself with the defence. 40
a matter OF fact. he Is really doing no.
thing more than defending his own course.
He advised the Governor 20 mold the
prisoners here. and as u was through nis
advice that Sergeant E3ps became III
VOWED In the controversy with the Lunen-
burg authorities. II is only natural mat
ne should assume the task OF replying
for him.
Sheriff Cardoza expressed himself yes
terday as being very much gratlhed wstf
IN. treatment accorded him by the Rich.
mond people. especially by sherir JOINT
r Hughes who has been exceed
N ~ 10 - httr