The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-22
JUDGE FLOURNOY's APPEAL.

hitting OF authorities, It seems 10 me tnal
time has passed and this case Is 10"
res adJud!cata"
JUDGE FLoURNOY'S APPEAL
Judge Flournoy was next recogiilz.,l ~.
Counsel on the other side informs tiie
court" ne said that we have taken thls
case TO the Supreme Court, anu thal lh''
court has determined the same against ";
The fact Is, that they took IL ,nere a err,
against them. They asked LOT man
dainus 10 compel the City sergeant 10
deliver the prisoners into the CUSTODY o.
the sheriff OF LuncnDurg, ana liiat CO.
denied the request. During tnat cohHv-
vcrsy in the Supreme Court the prisoner
and thcis counsel were silent, ana nave
not been heard up TO the present tinc.
with all respect to counseIs remarks
as TO the Limitation of the term OF the
County Court OF Lunenburg. TINS cohi
has nothing T. do with ibal lutstiyh 4.
fnese gentlemen prorcsel 10 ash loi ,i',',
pro tune proceedings before the expiration
OF tho term OF the County Court ana III
that court has the night 10 amend we
records, but has been prevented tI''in ' W
ing 80 by the obstruction o. lrs"i ~ ~.
ceedings this ought not 10 nave any "'Ni-
ing on this court here. oa
I'VE are acting IN the utmost S9ou
faith, and ask only for snoiI spa, 20 20
time 10 examine the authorities ana ~
be able 10 uut ourselves IN such coHni-
ton a. TO be enabled 20 discharge our
duties to these prisoners IN sa'.si,dc-
tory manner. We have not YET tthtn
upon ourselves TO esk this court not ~
remand the prisoners, ara we uoi hiio"
yet whether We shall do that; a..
Counsel on the other SIDE say una
IL this reasonable request OF ours Is gram,
cl the sheriff Of Lunenburg county WI
not have time TO get the prisoners i 10
his court before the expiration or the
present term. so that the order n r pro
tune may be properly entered. Inc ~
preme Court Of Appeals knew no" lo'is,
the County Court OF Llnehpuis M""iH
sit. but IL took more than a Week 40
consider Of It's Judgment. and We are ask
ing for very little when We are ashihs
for r postponement only until tomorrow
morning"
Mr.. Southau was about to yeply, but
the Court remarked that no more aTsu-
ment was necessary.
THE COURTS OPINION.
There is no reason." said the Court.
"why | should delay 10 dispose or tbis
matter; but there is a question as 10 the
authorities which counsel desire 10 SUD
nit. The Supreme Court has said that
no suspension should be granted. and II
authorizes are 10 be produced on that
point, wound be Only 100 sidd 10 hiio"
them.
This writ Of habeas corpus was grant
ed for the purpose OF allowing the SI-
preme Court OF Appeals to pass on the
point presented In the petition, ana I
thought a the time that no Juds. should
prccipitately decide such a question. Inc
Supreme Court OF Appeals has fully con-
firmed my views on this point. for It has
taken a whole week. and has heard iull
argument ia the case before II rendered
its decision. The opinion OF that court IS
perfectly clear upon the ground upon
which the writ was ordered. Inc Su-
preme Court has decided that The prison.
ers are sui IN the custody OF the County
Court OF Lunenburg. and that decision
concludes this matter and the prisoners
must bc remandrd
"The Supreme court Of Appeals made
il appear I'm iIs opinion that complaint
had been made by Sergeant Epps as 10
the safety of the prisoners while the facts
show that the application was 10 avoid
what was claimed was about 10 be made
an illegal custody. II was made merely
10 avoid the transfer OF the prisoners
from a legal custody into an Illegal one.
/ think the decision or the appellate
court has disposed Of the question at is
sue, and the only question which now re-
mains in my mind is as TO whether these
gentlemen can show any authorities why
the order should be suspended. II they
can bring such authorities ! snail be very
glad TO see them"
In view Of the objection raised by Judge
Mann in regard 10 the time OF the post
ponement, Captain Wise suggested that
the matter be postponed until this morn
ing at o'clock or 800 o'clock.
Mr.. SOuthall pointed cut that 1t would
burg county 10 have "A guard OF fifty
men in readiness 10 meet the prisoners
at Burkevilie
81 think YOU can notify the sheriff 10
come on" said the Court. Il dOn't think
that / have authority 10 hold the prison
ers here any longer but I viii adjourn
this case until tomorrow morning at $3.50
o'clock"
The court was then adjourned in com
pliance with this order.
The Governors Position.
Governor OFcrrall. when seen last
night, said that the case Of the Luncn-
burg prisoners rested entirely now with
Judge Wexford; that he would not. OF
course. interpose further In the matter.
When asked If he would order the mill
tary 10 accompany the prisoners 10 LII
nenburg to-day. he replied that be haN
that matter under serious consideration,
but had not made up his mind as yet
what his course would be.