The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-13

III
convicts. ,,arable. Pokey Barnes. .~,d
Mary Abernathy.
Concerning their return ard the ne
cessify OF their presence when the order
~ crossed to be made upon your records
* entered, have consulted the Attorney
General. whose opinion 1 enclose.
After receiving this opinion. | wired
Judge w. II. Mann. at Nott~way Court
house, who promptly repiisd, ard again
wired me to-day and suggested that 1
seed a specisl messenger to you and add
ed. WE Do NOT WANT THE PRISON
FRS UNLESS THEIR PRtSEN Is
NECESSARY"
In the opinion OF the Attorney -Cenerai,
Il cir presence IL MT necessary, ana yoNr
order made nunc pro tune under the
terms Of the written agreement VIII
have and be given by the Appellate
Court the fu,i force and erect as II
nade In the convicts presence.
As YOU we'll know. Cne or the women
Is about 20 be confined, all are IN mor'a,
terror and overwhelmed with fear or
being iynchcd II returned 30 your c'urts
iaH They and tLcir counsei assure"
me that they verify believe that " ~.
turned. they must die, ana denah" a'
my hands protection. u,s.,,,v
My sense and personal responsinui,y
and public duty. asd my obligations 70
protect tho lives ~ these conv1cts ana see
The laws of this Commonwealth enfor.eu
compels me 10 retain them I'm the city jan
Notwithstanding your order for their re-
turn and | have so Instructed the 'l'y
Sergeant
ter grave deliheration, earnsst thought
and full conference with ht,oInef-''e"e
raj scott and act under hts advice,
entrust this letter To Mr.. Carter -. John-
ston my Drivate messenger. VINO IN
person VIII deliver It TO YOU ASK WA,
you revoke your order ana come COW"
and confer with me as 10 this AFTER.
Assuring you OF my consideration ana
roepcct. / am Very truly yours,
CHARLES r. O'FFRRAIL.
Governor Of Virginia.
JrDGr onGAiN's nrpIy.
To which Judge Orgain sent the follow
ing reply: n No., ~ ,sa
Governor Charles T. O'Ferrall; - .
Dear Sir.-Your letter OF the 10Th IN,
stant has just been handed me py specia'
messenger. Mr.. Carter ID. johnston IN
this letter YOU ask me TO revoke my
order 10 Sheriff Cardoza. requiring nlm
to bring the prisoners convicted OF we
murder of Mrs. Pollard before me on .ne
llth OF November, when an order II pro-
posed 70 be made nunc pro tune, aInehu-
Inc the record in these cases SO as 10
show certain facts inafyerteuy omitted
bv clerk. You also inform me that your
sense Of personal responsibility anu
public duty, &C, cou'P'i 49,, .x<tk
these prisoners In the city jail, not"ltn,,
star1ing my order for their return. ana
that YOU have so instructed the City ser
geant" ..,,uo,,- Can
eral has given you an opinion tnat tne',
nresence j. NJ necessary" when said
! order IS made. -, ...o,,,
with an due respect TO the Attorney
General / am constrained TO say Una,
| after a careful investigation of the de.
cisions of our own Court OF Appeals, l
have come TO 4 different conclusion. anu
| do not think they can waive the rlsht W W
be present As you notify me that you
| have already given Instructions 10 the
sergeant of the city Jail OF Richmond 10
.refain these prisoners, notwithstanding
nv order" | see no necessity for revok-
| ing my order and most respectfully ue-
| cline to do so. s.,,,, 30 ,bo
people of I.unenburg, impeis me 70 say
| that / do not share your apprehension,
! or that or the prisoners or thelr COUNSEL,
that these prisoners ~ fs'uihs"c s t1is count nm.
| has given IL as his opinion that a suaru
| of citizens is all that is required 10 pro-
| tect these prisoners when returned
with the highest respect, ! am ".
GEORGE G. oEGAlN,
Iudge Of the County court OF Lunenburg.
=. ST respectfully refer your Excel
lency TO the following authorities Snel.
/ ton vs. Commonwealth, NNI Na, Inv
| Journal. NO. 81 pages "i-, w. ''''' 49,
cases there cited.
srRGgASr FPPs READY.
Sergeant Epps has not worried MN
| self at an about his contemplated arrest
| for contempt OF court, ana has eNpfessec
| perfect willingness TO 80. lie had lhaus
| An his arrangements last nlgnt 10 &C
/ company the Shern, and his son, Mr
! Claiborne Epps, expected TO bear MA
! company. ,,-, 80.
| INV Sergeant issued by Judge ~. ellforo
! SATURDAY night OccaSiOned some confn'
| sion and occupied counsel Tor the iuheb'
bnrg prisoners ia court yesterday morn.
ing In making out the order on the Wri'
| of 'babeas corpus granted II seems tues
| dav fhe l2th. was the date first indicated
| buf the Judge subsequently decided tt
extend the time Il day longer so drew ~
n.n through the day written ana wrote
over il the word Wednesday. lie neg
lected TO alter Che date ifom i-th 20 i@nn i@,,
however aud on account 0f inns Mr,
N Juetis Jr. representing the prisoners
| ,,-4s ailnamoucd 10 court at the request %
Judge Wexford. and the form or eularsiul
| fbe order was gone through. 'lty ser
eoaut Epps reported In court, but dii no
| hrinp the prisoners with him, tne ms
take having been explained ia advance.
coxEDY oF EREoHs.
This case has assumed 80 many ,nev
| ,f.,scs and So many complications haN
eerisan thai no ono knows what To expec
| rovt hut the course Of the Governor !
| endorsed hy the large majority OF Nff
ginia's citizens and IL * apparent To al
fhat he Is actuatcd by a high sense .
| duty.