Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-23
The Governor Explains His Position Re-
garding the Lun.nburS Prisoners.
ar JUDGE M.>>'s SUGGESTION.
Hut for His Telegram His Excel
sicncy Says lie Would Not Have
v..ucd M. Order to Sergeant Epps.
mud the Negroes Might Have Gone.

Judge Orgain had ordered Sheriff Car
doza To bring them before his court.
Well he replied. "as the court OF
Appeals has spoken on yesterday and to-
day in the case suppose. IA the r.xecu-
tive OF the State. whose action mas been
commented upon, it will not be regarded
as Improper for me to speak
.Of course, / am pleased" the Gov
ernor continued. that the court today
agreed with me that the prisoners should
remain here for safe keeping. and has
entered an order TO that enect. some
rapers have sought very earnestly TO
create the impression that had assumed
power and undertaken TO set aside an
order Of the County Court Of Lunen-
burg county. and the decision handed
down by Judge Buchanan yesterday
might be so construed. The decision L
trust. was hastily prepared. for IL does
me an Injustice which ! am reluctant
70 believe was Intended.
THE FACTS IN THE CASE.
What are the facts?'
"On the eth instant the Aiiornev-Gene-
raj gave me his opinion III writing that
the personal presence OF the prisoners III
court would not be necessary when the
IIDDDStl fltAlplt ~ hAiN'' 49,
was made on the sth instant sent
the following geographic message 10
Hon w H. Mann. special Common
vealth's Attorney OF Lunenburg county:
""The Attorney General has given me his
written opinion that the presence OF Mar
able and others at ldnehburg ,our ~ ~
on Monday next Is not necessary. In tne
face of this opinion ! feel that " "oulu
he wrong 10 impose upon the STATE tne
expense OF military guard, and ash ash
that you aid me in saving this sNpehs.;
advising that prisoners remain mere. ~
the prisoners 10 military guard VIII
accompanv them and remain "a long as
the prisoners are in the county.
ITO this message the following was ap-
I concur in all the Governor has sara.
fSlgnedD n. TAYLOR SCOTT,
Attorney General
ct will be observed that l was endea-
voring TO save the State the expense OF
military guard, which. from the FACTS Wei
known and information I'm my possessioh'
I deemed necessary for the safety OF the
prisoners.
REPLY OF il DGE MANN.
Il received a reply by wire "a follows;
.NOTTOWAY COURTEOUS,
November 3. 1885
".,s tho assoc,ate OF the Attorney
General I'm cases OF Lunenburg prisoners
! must submit to his opinion and pe con-
trolled by II, whatever may De my ,i own
views. ! think it safer for .he 'on'i',os- Oh ,iros
wealth that the prisoners should De prSS
cnt when nunc pro tune order IS nhhe,
lui will advise the Judge or Lunenpuis
Of the opinion Of the Attorney N-psheial' .
a "a ,riu not oDpOse the entry or the or
Gcr in The absence OF the prisoners but
nm unwilling 10 assume any i'spoiiislrii
" upon this point There - no ulspqls'-
lion on the part OF LunenbuIs, OF hei
officers. to nut the state 10 expense, anu
tf neru,itted. she will protect the. prison.
crs with her own citizens ana AT her own
cost -. II ,r,NN,
CAUSE FOR APPREHENSION ~
AFTER receiving this message from
JIdge Mann, | proceeded 10 make ar
psnsements TO send a military guard.
while was satisfied that the law-abiding
noonle of Lunenburg would not resort TO
violence | knew that in that county, "a
Ia every other there were many INV
less men: that the feeling had been so
intenae as 10 induce the Judge NOih-
monWealths Attorney. ana SheIiH, IN
Tllv last. TO call on me Tor strong
military guard which was subsequently
ON call reinforced on account OF the
threatening condition OF Affairs ana ina
after the conviction and sentence OF the
prisoners the Judge, deemins IL heceS-
sary for the safe-keeping Of the prison.
ers ordered them 10 be conveyed To
tho sau Of the city Of Richmond. | nder
tbese circumstance, and believing thai
nothine had occurred since TO mollify. but
manv things 10 intensity, the feeling, 1
felt that 4 would be derelict IN the as
charge Of my duty II | did not sehd
groops. | could not recall an instances
where q guard OF citizens had been et-
fectiye against a determined mob; re-
membered. too. that LunenDurs 'ourl'
house WAS 10 miles from Tdllrodu- or q
telegraph-oftice and that II would DE 81.
most impossible. in case | was hotiileu
Of trouble, 90 get troops theIe III '''''
TO protect the prisoners.
JUDGE MANN'S SUGGESTION.
"on saturday, November sth.' con,in-
ned his Exccllency. II received the 'o'-
lowing voluntary telegram
.NOTTOWAY COURTHOUSE, VA
November 9Th.
"'From report in papers, ! Judge You You
may he waiting Tor some communicated
frono me | cant communicate with judge
orealn before Monday, but, IN view OF
orinion OF AttOrney-GenefdL sugsts'
that special mess.nsef % 80, ~ no, mn, ~
hrinr prisoners. We do not want the
nrisoners unless their presence is heces-
sarv. / haven't seen opinion OF Attorney
General. ami cant deGids as 10 oS Wiz, a,i
[
saV that | do not deem mysef at liberty
~ VfHS "'W. II. MANN
As soon as possible after receiving
this telegram | had an interview WIN
tho Attorney General at the Mansion.
sho,-ad hin, the message. The matter
Was fully discussed and We both agreed
tbat | ought to adopt Judge Mann's sug'
gsstion The letter 10 Judge Orgain
which has been published, was prepared
and a special messenger was dispatched
an the midnight train with letter 10
Judee Orgain As the suggestion oi
uidee Mann necessarily implied sns-
restion that the prisoners be retained
- ,ne Sheriff was 10 leave at O'Clock
the next morning witn thehl' before u
vas possible for a reply 10 be received
,r1m .Judge organ. the following order
IS given TO the Sergeant Of the city
/ Of Richmond:
/ ..po not deliver the Lunenburg con
I viefs 10 NJ. &. CardOza. Sherin, etc, a.
| 6,.retofore instructed. but retain them un'
! m | communicate with and hear from
'"'e' CHARLES T. O'FERRALL.
Governor OF Virginia.
"Roth the Attorney General and mysel
were pleased that Judge Mann had peer
so considerate as 10 make the suggestion
ror Ne felt sure AZ the time that he haC
I blaZcd the Way out Va III"
,nilitary officers who were in waiting, ia
/ cIudinr Captain Heath. of Petersburg
,.ers dismissed and there the matte
rssted \ few minutes thereafter ! wa
/ informed that Judge Wexford had award
el writs of habeas corpus.
no INTERFERENCE WITH JUDI
| CIAEl.
Now. this is the sum and substance u
the whole affair. which on yesterda'
/ elicited discussion OF the functions o
,nu,ciatlon OF principles as old as IN
~,snrudence itself, and repetition o
,hs trite saying. II anything is self-evi
a., I'm IN. structure and organization o
49, government II is that the Execu
tive has no power to interfere VIII
/ the judiciary In the performance OF IL
/ duties. -, A.. ..,.a,.,
-. ~. .,tton taken by me at the sug