Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-12-19


troops of your command while in our
county.
when Corneia was asked for her
Jewels she pointed to her children; and
Virginia, when asked for her jewels, can
point with pride to yourself and the
brave officers and privates OF your COM
mand. In parting with you and your
gallant soldiers | beg you Will accept my
best wishes. both for yourself and them,
and wish yourself and command pleas
ant return to your home.
Il would be gratifed if you will read
this testimonial of my regard for your
self and the brave men and officers Of
your command. If agreeable to you, to
them.
Very respectfully.
(SignedD GEORGE C. ORGAIN,
Judge County Court OF Lunenburg"
Whittle's Mills, Va, July y. 1895
Dear Sir: Your prompt response in send
ing 10 our county such efficient aid az
the following battalion: Company A.
Richmond Grays; Company Il, Walker
Light Guard, and Company ID. Old Do
miniOn, evokes from her people an eulo-
gium fully worthy of the leader of our
matchless Virginia.
edly for their faithful discharge of duty,
their conciliatory spirit, and true obedi-
ence 10 superiors in command, by whose
prudence the law has been sustained. my
and her citizens now recognize the right
that each and every offender must be
tried by an impartial jury composed of
his peers.
Major Derbyshire and Captain Cunning
ham are deserving of individual merit.
and their stout-hearted young soldiers
are men among many.
Hoping that time may allow you to
still further remove the mistS from a
once benighted land. and 10 you-our
Governor under whose matchless admin
istratlon a country smiles again-may hap
piness and prosperity be forever.
j am your humble. obedent servant,
w. f. NEBLETT
Attorney OF the Commonwealth for Lu-
nenburg County.
TO His Excellency. Governor Charles T.
O'Ferrall, Richmond, Va.
Lunenburg Courthouse. July 20. 1895.
Major Derbyshire:
sir.-I have heard that you were ar
ranging. by striking tents, burning rub
bish, and having wagons brought here,
TO convey your soldiers TO railroad from
this.
| wish to convey to the officers and pri-
Yates under your command my thanks
for their conduct while here in the dis
charge of their duties, and in rendering
thanks 10 the military, 1t reflects great
credit on the citizens of this county that
they restrained their natural ind snation
and respected the laws of our country.
IttSltc sluIiN, NJ - OAiNDOLA'
Sheriff Lunenburg County. Va.
IN THE SUPREME COURT.
Wrlts of error and supersedeas were
awarded 10 the judgments OF the said
County Court in the cases of Marable,
Abernathy, and Barnes. Pending these
appeals the Judge of said County Court
ordered the said prisoners to be returned
TO the jail of the said county Of Lunen1
burg, TO be present when certain proposed
proceedings were TO be had in the County
Court thereof Believing that the prison
ers would not be safe If returned without
a military guard. and being advised by
the Attorney-General that their presence
In said county was not necessary, and il
being suggested to me by Hon. William
Ii. Mann, special Commemorative At
torney of the said county of Lunenburg
that, in view of the opinion of the At
orney-General, a special messenger be
sent to Judge Orgain, asking him to in
struct the Sheriff not to bring the prison
ers, | dspa atched a special messenger, in
accordance with said suggestion, to Judge
organ, and directed the Sheriff of the
city of Richmond not TO deliver the prison
ers to the Sheriff of said county until l
could communicate with and hear from
Judge organ.
This course of mine, in acting upon the
suggestion of the special Commonwealth
Attorney of Lunenburg county, and
directing the retention of the prison
ers until ! cou.d, as the Execu-
tive, communicate with and hear from
the Judge Of said County Court. and which
action was taken solely for the purpose
of protecting the prisoners against un-
necessary peri. was declared by the Su-
preme Court of Appeals as being without
authority" Whereupon, the prisoners. by
Counsel, applied to the said Supreme Court
Of Appeals for an enlargement OF the
writs OF error. by directing the said prison
ers TO remain in the jail of the said city
of Richmond pending their appeal. al
leging that they were in mortal dread of
violence
and the said Supreme Court of Appeals
believing, no doubt. from the records In
the cases, that the fears of the prisoners
were weil-founded. granted their petition
and ordered that they be retained in the
jan of the said city pending their APP
peals. The appeals have now been heard
and the judgments of the said County
Court of Lunenburg have been set aside
and new trias awarded to all of the said
prisoners, and they will soon be returned,
necessarily TO the jail of the said county
OF Lunenburg for trial. But the Sherin
of said county declared some time since
and still declares, that he will not call
for troops TO guard the prisoners on their
return or pending their trials
IMMINENT DANGER OF VIOLENCE.
That there was imminent danger OF
violence in July last was apparent, hrst,
BY the removal of the prisoners imm 70
ditely after their arrest, for safekeeping,
by the Sheriff TO the Jail of the city OF
Petersburg second, by the call OF the
Sneriff. Judge. and Commonwealth's At
tOrnev on the lst day Of july, ana by tne
Sheriff on the llth day OF the same month, i,
for troops third, the subsequent cali
Tor re-enforcsments; fourth. the order OF
the Judge placing the prisoners uhuer
the direct charge OF the military curing
,hclr tria.; fifth the intense excitement
attending the progress Of toe trial; ana,
sixth, the order OF the Judge trahsIeir.hs
the prisoners for SAT Keeping 70 tne
iail OF the city OF Richmond, and, even
sf,er conviction, more than one month
after the murder had been committed
That there was great danger VIII fur-
ther appear from the report OF MAJOR
Derbyshire, In which ne says; On tne
veninc of July 18th and the morn
ing OF July 18th became more and
more convinced that additional troops
were necessary, and J. therefore, teIe-
grapneG TO that effect. Also, py an an, "isa, ha
found in the record Of Barnes VS.: the
commonwealth. in which he says; Ihers
was q great deal of heated feeinS anu
excitement on the pare OF numbers oi
the citizens, and the indications pointed
in nv Judgment TO serious danger of mob
violence So impressed was l with this
condition Of aa,fs tnao peauesleq a! b,es lne
tbaf additional troops be furnished me
Thls suggestion was concurred In by the
Judge Commonw alth's Attorney, ana
$50: after consultation, and shis
rannest was complied with by the Cover
nor by his ordering Company Il. from
The First Regiment. to report to me at
nnce The troops were quarterid on the
cn',rt-eteen during my entire stay and
during the trials dsSed Si al he aed psres %sre psssn pamsa
0o.n,,nd The jail at all hours Of the day
ara niebt. and escorted the prisoners 10
and and from from the jsil and were present in
the % during the ntirs psogrsss
oi oianaarnd az necessary for the protection
cShj GO the prisoners. From all the facts
., ona circumstances within my knowledge.
ahv ah't,s n command of the troops at Lunen-
WIFI VIII sn,,rthouse, / was and am under The
i,ansi purs ession s that the prisoners were IN
.sr,ps srea, danger Of lynching during the
entire tiins. In spite OF ine pfSssncs Ssi oi
,hs n iit..sy and that wfIhout tneir p,t pr ?,