Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-13
THE SHERIFF IS HERE
Ipusnburgs Court Officer in The City TO
Serve Judge 0reain'S Orders
am NOT SEE SERGEANT ErPs.
CoTpus'

...f with the orders Of Judge organ
.~ Che Pollard prisoners and the rule
r,ptain Charles H. Epps's appearance
=, .se f.un,aburg Court to-day. reached
a.. Yesterday afternoon. but he has thus
D.. .i,i with little success in the service
o. Dis papers.
Az. soon as ne arrived here he visited
... otv iail and made a formal demand
, .,,,tv : reoant Ralston for Marabe.
,.., Abernathy and Pokey Barnes. Mr..
r.sf.n declined 70 surrender the prison
., ,ho Sheriff. and Nr. Cardoza took
D.. a.rartnre. Before leaving the pri-
f.wevcr. he announced that he had
,.-r dlsaereeablc duty to perform, and
,.AI. ne dldn't state what the nature Of
.t. luty was Il was inferred that he
.ni the service OF the rule upon Cap
,.r rtps. At a late hour last night
ct.,0 CqrIoza had not seen the City Ser
,,.ot and 10 is presumed that he will
,.r bic visit u that official until after
,t. l.Ias corpus proceedings in Judge
1,srrrrs court to-day at o'clock. Mr..
,.rrzl vu have 10 serve the rule
,eoueh sheriff Hughes.
CASE OF MARY BARNES.
.rb. Ian.rburg Sheriff. after leaving the
ta. visited the state penitentiary and
serve. tfe writ Of habeas corpus for the
1.lv of Mary Barnes on Superintendent
I.rn That official at once put himself
a.. r.rufr1nication with the Governor. and
.. a result visited the Executive Man
..r II.rts were made To locate Attor-
r.,.G.n.rs Scott but he couldn't he
found. sI the Governor advised Major
r.-r On decline to remove the prisoner
nnm to-day. and to see Major Scott as
e.rv as possible this morning and ask
Dis advice as TO what 10 do.
sheriff Cafdoza, II Is understood, does
MT .Nroct 10 leave here until tonight.
and if counsel for the ptisons:s can
n.'p 10 he will not then take the prison
o.. with him. Dhe Governor had General
IruIips I'm consultation WITH him ilst
.ht and told him to notify Csotains
Heath. # Petersburg. and Freen9n, @.
uauyillc. 10 prepare to move :hcir COM
mails on moments notice. The Gov
,rnor did not state last night any pf his
fiaus. but this action on rs Lart would
Indicate that he does not purpote o.fe;4ng
gry further obstacle TO the removal OF the
lr-lu,rs.
Those IN jail however, will not be taken
until after the Circuit Court acts on their
case to-day. and Mary Barnes viii ut be
taken untl Major Lynn has conferred
with the Attorney-General therefore
there Is no likelihood Of anything boxing
fn their removal being done until To-
n.shL
ENLARGE THE WRITS.
There Is a possibility OF the supreme
court taking action to-day to prevent
49, all
tain \. u. GuisOn. of counsel for the
women. appeared before that court yes
trrlay and moved that il eplarge its
wits o. error and suDcrsedeas 80 rs 10
direct that the prisoners an remain In
rlIs0u here. The Attorney y-Gcneral said
fr.s motion WIS one which was entirely
new t1 him. but he expressed the hope
That tho supreme Court would find IL in
its power 30 grant Il. He thought that
.i,H an order if issued would prove d
solution ~ the whole difficulty.
Th, court took the motion under ad-
N.,mall aud Will announce It's decision
fD-l.v
THE LETTER TO JUDGE ORGATN.
The Governor last night gave out the
.srondence between himself and
J..se Ore.i1 as 20 the Attorney Generals
opinion. Ills letter 10 the Judge is as
follows.
COMMONWEALTH or VIRGINIA,
GOVERNORS OFFICE.
RICHMOND. Va, November ., 1ss5.
Julsc George G. Orgain, Lunenburg
D.ar sif.--Your Sheriff. NJ c. Cardoza.
S. BOZ The city. with Your order for the
,lnNcts. Marahie. POkey Barnes, and
Concerning their return and the neces-
SHY of their presence when the order
proposed 90 be made upon your records
is entered. ] have consulted the Attor-
neg General. whose opinion / enclose
Alter receiving this opinion | wired
JUICE ". h. Mann, 1T Nott0way Court
house who promptly replied, and ac-'in
~uD mo to-day. and suggested that 4
Nrnl Cd special messenger TO you, ana
@-4el WE Do NOT WANT ThE
PRISONERS UNLESS THEIR PRES
LNlI is NECESSARY"
ln the opinion OF the Attorney General
tLt'r presence Is not necessary. ana your
oierr, made nunc pro tune, under the
toius az the written agreement VIII
lNe' a'I Doe given by the appellate court
tue i-l force and effect as IL made IN
the t0nv.fr presence.
AZ sou well know. one Of the women
i' about % be- confined; all are in mortal
t.I'r tf. overwhelmed with fear OF
.Urlle Nncl.i If returned TO your county
Iti Ilcy and their counsel assure me
laat they verify believe tnat II returned
l''' mus die ana demand at my hands
.Hctun
.y sense Of personal responsibility and
l--i.t luiN, and my obligation TO protect
.r Wes az these convicts and see the
laws li this Commonwealth enforced.
compel me % retain thcm in the clty
IA notwithstanding your order for their
.-ii ana / have so instructed the CITY
] have reached this determination after
..-fr NtNuerdtOu, earnest thought, ana
A conference with Attorney General
S,.N ana 1ct under his advice.
y elif-st this letter TO Mr.. Carter ID.
s..N,' n. my private messenger. who
person VIII deliver il 20 you. l ask
l.tl lo1 revoke your order, and come
la4.t.f
A,nr.ng YOU of my consideration and
tt.te.,. I am.
Neiy truly yours,
CHARLES T. O'FERRALL.
Governor OF Virginia
REPLY or THE JUDGE.
Judge Orgain's reply is as follows:
4DNLNBUKG COURTHOUSE, VA,
November 10. 1888.
Governor Charles r.. O'Fcrral:
Dear Sr-Your letter OF the 10th in
l has Just been handed me by special
. thtrr. AIR. Carter ID. Johnston. In
I i'ier you ask me 10 revoke my
io Snerin Cardoza requiring him
-IHs the prisoners convicted of the
M Mrs Pollard before me on the
~ november. when an order Is pro-
t 20 ie made nunc pro tune. amend
80 Nr record in their cases so as TO snow
gam iacts Inadvertently omitted by
I4 You also inform me that your
n. . oi personal responsibility and pub
--.'s' etc, compel YOU 10 retain these
,.' On The city jail. Notwithstanding
Wirr for their return, and that you
so Instructed the city Sergeant"
D- also state that the Attorney
80 y" mas given you an opinion that
A., presence rs not necessary" when
-. "a. order is made.
c"Nh al due respect 10 the Attorney
go am constrained TO say That
re careful investigation OF the de