Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-16
THE COURT WlLLSAY.
Time Taken 10 Consider The Question Of
Granting The handamuS.
.n,iur>r HEARD YESTERDAY.
,,,. ,tfornc, ,-ccncTat Flies Ser
rrnnt Ipps's Answer Z" shcr'"
..sor,.s Vctgtion-Thc Discussion
.. notb Able and Exhaustive.

,ordosn's Vctition-Thc Discussion
.. noth Able and Exhaustive.
... Iuornhurc prisoners will hardly be
..... avav from this city for some days
f st au and Il is not likely that
,..,. sergeant Charles II. Epps viii be
.,..! before Judge Orgain until the
.....o of fheir removal has been decided
i- n, supreme Court.
-r. rauaanus case was heard by this
....f.i Yesterday. ana when the arsu-
... which was both able and eX-
..t. had been concluded the court
..r.c8 that the question Of granting
....r cardoza's petition would be taken
....r consideration and passed upon
. rbereupon Judge Mann advised the
....r0.rg sheriff to return home. and
... ,.. rll, against Captain Epps be held
DID,, ,l.,ancc. This the Sheriff will do.
r.. Srpreme-Court room was crowded
.. u- argument upon the petition
r, mandamus 10 compe, Sergeant
rl. ,l surrender the prisoners 10
-..r ctr8oza was gone into. Exactly
% Che eleventh hour the members Of
OH. court flied into the room and as
.,. ile beach. AttOrney-Gencral
sr .,.. addressed the august body.
..f after citing the fact that he was
..,.r. r represent the Sergeant Of
..., .. Richmond IN answering the
Ir... sheriff Cardoza Tor the Gus
t. .- l.. Pollard murdcrers, he asked
r.. tt allowed 10 open and con-
.. fne argument The court decided
...... li- request and gave the priyil-
,.. .t opening ana concluding 10 Judge
rr .ui Nh l.. G.. SOGthal counsel
g. fe geut0ncr.
IHs REPLY OF SERGEANT EPPS
T.. Attorney -Generm was permitted.
t.r.e-r. and read his answer for Ser
..aat Gpte 90 the petition Of sheriff Car
.. THE answer is quite YOluminOus,
..I e..s fully into details. After setting
l.n fgit re Is Sergeant OF the city OF
.nu.ul. and that some months ago
I.. bodies of Marahlc Pokey Barnes
SOD Mary Aberuafhy, were delivered TO
Nu FOR safe keeping by The County
court 90 Luneuburg. the respondent
r..f.s the order of the Governor 90 him
r.t goo deliver the prisoners TO Sheriff
'tri0sa. The GovernOrs 5 etter 90 Judge
Nrealu BE- then quoted. after which the
r.sp0ndeut sets forth that he was or
..i.l uy Judge Wexford to produce the
..soners before him on Wednesday
.sJ which order was complied with. The
tn. Wer further rccitcs that process
haJ been served ON the Superintendent
,t The Penitentiay requiring him 20
eiuce the body OF Mary Barnes I'm the
l1nenburg County Court and asserts the
Nfiief that the effect OF the order of
tle Supreme Court. setting the 26th
.stant as the day for hearing argument
40 ,.e motion for "A new trial. is 10 trans
f.r the cases from the County Court Of
Lmen5urg 10 the Supreme Court. and
lakes from the Lunenburg Court the
power OF entering any order whereby the
lights and persons Of the appellants are
lu any manner affected. or that may
change their condition. status. or custody
rom that which existed at the time
vhcn the writs Of error and supersedeas
we're awarded.
Respondent claims that he is advised
tet he Sheriff of Lunenburg. 10y the
Eru terms OF the writ. is forbidden to
Go anything In the execution OF the
....msnf or order of the County Court
e. Lsr.nburg. or TO exercise authority.
c.rtful or power over the prisoners
O.... uaul the matters IN issue be-
tween ttcm and the Commonwealth shall
t''-t.."f f+t'.- f'-'iN'tf-N't ~ h''N ~
lf.ue Cour.
NH sJrTHALL'S OPENING SPEECH.
Haru the Attorney General concluded
ttlIIu- the answer Mr.. Southall read
t.. petition of sheriff Cardoza. ana open
.. .t" argument thereon. ~ the court
..l- .4Id he. we wish 10 say at
i.. u.tr, mat we mean no disrespect
g.. .l. ofi.er OF the CommOnw ealth or
.. ..s court bon The State ina pctitionng
.,l rl mIIIamus. We represent a pco-
o.. AGAINST whom a great deaf has been
.I hlf who are as high and lofty I'm
It.r IDEAS ot honor as any people in
., commonwealth. This case is not
..n. .f interest 90 the people OF Lunen-
Url DO has passed beyond that stage,
.fI affects The law of the entire State
t.I every court in the State.
Il. tr-t defence made 10 the granting
Of ta. u-it hy the Sergeant of Richmond
ul, boo was ordered 10 hold the prls-
.rls Pos ft, Governor Need / add that
fh. Governor had mo- authority for the
.s,tan.. af ans such order. The Lunen-
.ut- count adopted the jail of the city Of
.hu.nl fe Us Jail. and Sergeant Epps,
tI tIrH. fhr nrisouors- -Marable, Aherna-
't t0I Narne--arc concerned, Is simply
fIHfr 90 sheriff CariOza. Therefore
'r. Governor had no right TO say mat
Do ......t obey the orders of the
I.......e court. There is not case
,H r. n amy state IN this Union
NI. fH Governor mas stepped In be- !
'H'.. .. qua its prisoners and coun-
i''ar t.. order Of the court Tor
fN~ Its prisoners. IL has been
sta..l t.u .e Governor asked the Judge
o' H. Lgurlnlrg court 90 revoke his
...r Tr.. llt ere then he had COM
b.. Ia L.. fra aNgTf1ttl
.. 't. mandates ~ this court all VIII
bow. h.t ISN'T 10 true that Il the Governor
Iti N. rrlt 600 interfere with the orders
o. Jeisr Draail's court. he would have
r. rlll to say 10 this court: Your
cr cannot he executed?
NANnAMJS THE ONLY REMEDY
SOW. l- to our petition" Mr.. Southan
'.H..r. ilr writ OF manddmus has
i... asked for because there was no
'a remedy. The Circuit Court has
l wit Of habCas corpus holding
f.I.ltrs within it's custody. when,
Nt. al resrtct TO Judge Wexford, II
f.e rsh, 10 do so. The petition
urt granted by him in no In
t't' t,s that the prisoners were
r- t.l Meraly. and for the first
hH. n. t.af tsat wit of habeas corpus
granted for the purpose OF hold
people n Jail We know that II the
".t fal.a- corpus granted by Juure
h..'0UI .s l,e4l. ana ~" Circuit Court
i.. jurisdiction. the petition for a manda-
N ma.t fal, but We submit can a
.rant an injunction on petition
..f a hIhrts corpus or vice versa? ihat
rtat Jaig. wexford has done. Ills
o'.t Do training the Sergeant OF Rich
'n. G1m delivering the prisoners to
f..rt "afioza is nothing more than
junction and he was asked Tor
.f iateas corpus.
.n.w Chat the safety Of the prison
O.. f th,y are taken back TO Lunen-
got "a proper question Tor ais
e.s...r before this Court" Mr. Southall
iurtter on. "If l believed for one
fh.t one hair OF their heads