Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1895-11-27
EPPS FINED FOR CONTEMPT.
The ConlmOnWGaltl'S Attorney Relieves
Him Of Blame, but Asks for the Fine.
JUDGE TREATS HIM WITH COUK-
TESY,
Desired to Show the Result of Executive
Interference With the Judiciary, Will
Not Hear the Name Pro Tune.

Desired to Show the Result of Executive
Interference With the judiciary, Will
Not Hear the Name Pro Tune.
LUNENBURG G. H., Va, via MEHE r
rim, Va, Nov. 23.-Special-A very
small crowd was in attendance at the
Lunenburg County Court, which con
vened at 2 o'clock today, when Judge
Orgain announced that the court was
ready to hear any motions to be made
Commemorative Attorney Neblett
said that in the case of the Common
wealth against Captain Charles H.
Epps, he would move for a continu
ance of the same until Mon lay, ard
! asked that a jury be empanrelled t,
try Mr. Epp-
Judge Orgain overruled the motion.
! and asked Sergeant Epls t. take hi
stand at the bar aud answer 10 TIE
charge made against him by this court
for contempt of court for refusing to
deliver the prisoners in the Pollard
case to Sheriff Cardoza, of Lunenburs
county, on his order
Sergeant Epps, then being sworn
stated that his reasons for not deliver
ing the prisoners to Sheriff CORDOBA was
Oh account If Il writ of habpas corpus
u
| When asked by Mr. Nebett if lie re.
fused to deliver the prisoners on -
order from the Governor, Mr.. Epi,s
stated that he did not hold the pr
souers on account of any order fir, IL
Governor O FerraiI. bnt rctaiufd the
prisoners in his custody under 81 dir ect
writ a.: hab-as corpus from Judge
| Wexford" and, addressing Judge Or.
gain, said:
| MEANT NO CONTEMPT.
II certainly meant no contempt OF
his HOnors court"
Sheriff CardoZa was then called to
the stand, and stated that as we'll as
he could recollect when he asked
Sergeant Epps for the prisoners, Mr.
, Epps refused on account of restrain.
ing order from Governor O'Ferrall.
Just here Captain Epps asked to be
recognized, and he reminded Mr.. Car
doza that early on the morning of the
10th at the hotel, in Richmond, be
(Eppsl showed Mr.. Cardoza his writ,
and also similar one for Mr.. Cardoza
Mr.. Cardoza said he did not remem.
Der now, but would not deny Captain
Epps' statement.
All necessary evidence having been
given in, Mr.. Neblett, addressing the
Court, said: II regret very much this
duty of prosecuting an officer of our
Commonwealth, but will ask your
Honor not to imprison Mr.. Epps, but
will insist upon fine being imposed
upon him. do not blame Sergeant
Epps, for if had been placed in the
same position that he was, I would
have acted as he did, but he is guilty
of contempt of court, and l wish to
show to this broad land of ours the
result of executive interference with
the judiciary"
Mr.. Neblett made strong and elo
quent speech in defence of his court,
and insisted that no Imprisonment but
fine somewhere between the smallest
and largest amount be imposed on
Captain Epps.
Judge Orgain then stated that it
was his painful duty, but, with all due
courtesy to Captain Epps, he had 20
impose upon him the small sum CT
twenty five dollars.
PAID HIS FINE.
Captain Epps very promptly handed
the clerk of the court the amount of
the fine, and was bidding Judge Or
gain very friendly and cordial good
bye, when Mr.. B. Bell addressed the
Court. voluntarily stating that he had
watched and listened to all the pro
ceedings in the Epps contempt case,
and never before had he seen so much
courtesy extended each other as was
here manifested by his Honor, Com
monwealth's Attorney Neblett, and
Sergeant Epps, and now that the
Court had executed it's duty with SO
much dignity, and indicated itself in
the eyes of the public, and Sergeant
Epps has so willingly and promptly
paid the required fine, he asked that
the Court remit to Captain Epps the
fine paid, as in refunding this fine it
would not effect the execution of the
Courts duty.
Captain Epps. who had gotten his
receipt from the clerk of the court for
the fine imposed, before Mr.. Bell had
concluded his speech turned to
Mr.. Bell and thanked him for his kind
ness, and left very hurriedly, in order
to reach Richmond tonight.
Judge Organ, however, refused Mr..
Bells plea in behalf of Mr.. Epps.
NUNC PRO TUNC.
At the conclusion and dismissal of
the Epps case, Mr.. Neblett stated to
the Court that he had expected to
make motion for nunc pro tune or
der at this term of the court, correct
ing the records in the late Pollard
murder trial, but the absence of the
prisoners, on account of the interfer-
ence and usurpation of power by Gov
ernor O'Ferrall, and the Circuit Court
of the city of Richmond, would compel
him to refrain from making any such
motion now, or at any time when the
prisoners are absent.
Judge Tourney, who was the only
lawyer present on behalf of Mary Aber-
nathy. and Poked Barnes, was asked
by the Court if he wished to make any
motion or remarks. The Judge replied
in the negative, adding that he was
opposed to the nunc pro tune motion.
Judge Organ then stated that he
had read and studied the law very
carefully, and was more certain than
ever that the presence of the prisoners
was necessary when any motion in a
criminal proceeding had to be made,
and he would not allow any order to
be entered in the absence of the pri-
soners.
Judge Organ then adjourned court
till the second Monday in December
Sergeant Epps made a very good im-
preston on the officials of Lunenburg
Court.