The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-12
SERGEANT EPPS IN CONTEMPT
Judge OrsaiD, Of LuneDburs, Orders That
He be Brought Before Him
FOR WITHHOLDING The PRISONERS.
The Order Made Eeturnahio To-Morrow,
and the sheriff viii Arrive Here
This Afternoon to Take the Cily
Sergeant TO Luncnburg-r
Argument Bcforcthe Court.

LUNENBURG C. H., VA. via Me-
HERRIN. VA. Nov. ii.-Spcciai.-Cap-
tain Wise and Judge flournoy arrived
here at O'Clock this morning. Judge
Mann. Commemorative Attorney Neo-
lett. Robert Southall. and Judge organ
were closctcd I'm Mr.. Nebictts ONCE lor
about two hours this morning. Dlsap-
rointmcut conld bo read on the faces Of
about 1--WE hundred people who had as
semblcd 10 see tho prisoners and mill
tary. and oven al a late hour many pco-
pie who were not aware Of the action
OF Governor Orcrrall could DC seen
eagerly Mendins thth "as ty ~ -, W" 80
room amid the immense crowd 10 h't
look at the prisoners. Many small as
scmblagfs Of citizens could y seen on
the court green expressing theif views
in regard 10 the action oi governor
O'Ferrall In retaining the prisoners n 4
the face Of Judge Oreains imperative
orders They deemed III very wrong ana
illegal.
IN an interview with Judge organ to-
day he stated that be would be reuceht
in regard 10 his opinion OF the itEaHy
of Governor O'ferralls g action IN fcfuslns
10 allow his order for The prisoners 70 be
executed Ho also said that IN addition
20 his reply 10 the Governor special
message ON yesterday he wished 10 slale
that the petition from the prisoners waiv-
ing their rights 10 be present was '0iahy
defective.
Al $50 O'Clock Judge Orgaiu announced
that ne was ready 10 near any mouon
10 be made. Judge Mann introduced
Messrs Wise and 1lournoy TO the Court.
Mr Neblett stated that ne expected 10
have made some motions ior oiaols pc pc
fore his HOnors court this time IN tne
case of IOkey Barnes, Mary Barnes. ana
Mary Aberuathy, but these prisoners not
being here be declined 10 make any
motions" Ilc also expressed Mss great
surprise that they were not here ana
that Governor O'Ferral had taken
things into his own hands He then
asked that the following orders be -
sued.
THE oRDins
"Oriors of the County Court Of Lunen-
burg. when said NJ. g. Cardoza was
acting as sheriff. in demanding sal9
prisoners. acting under thc olutI on
rlis court the Court doth order that the
clerk of Tho court issue a rule against
the said Charles II. Epps retunaple
Wednesday. the 18th day OF NoNembei,
% show cause. II any; why ne should not
hc fined and attached, accordlns 10 aW,
for his contempt of this court ana ms
failure to deliver said prisoners 10 saM
NJ G.. Cardoza that the prisoners might
lo brought 10 Lunenburg on November
l8th. for motion TO be made for
Iuc pro tune order
"lt having been reported 10 TINS court
d, N &. Carloza that Charles n. Epps,
Sergeant of the city of Richmond and
the Keeper of The jail thereof Whlcn mas
been adopted according 10 law, ina IN"
IIl.UT IUF iIlIlNHl TO- NtIlFtl w W.
tardOza. sheriff OF this county, the bodies
of Solomon Marable. Pokey harncs' am
Mary Ahsnathy, prisoners IN nus Jai
under The order of the county touIl oi
Imcuhurg when said VI. @. 'ainoIa
as sheriff iu demanding said prisoners
WAS acting under thc order OF this Court
the Court doth order tnat the Ci'fk ~
this court issue a rule against tne Salu
Charles n. Lpps, rcturnabie Wedhes-
day. the 18th day of November. le91
90 show cause. ii any ne can. why ne
should not ho fined and attached ac-
c0rling 10 law. for his contempt oi TINS
court and mis- failure 10 deliver the sad
prisoners 20 tine said NJ. g.. 'ardo<a
sheriff. as required by q previous order
ol This court
JUDGE TLoUtNoY's srEicH.
When asked hy Judge Orgain If any one
wished to make any remarks on these or
dcrs. Judge tiournoy stated that he aud
CAPTAIN NN ise. attorneys for the prisoners
would ask that ms honoI leinse i tne
maIe very forctule speech. an wnlch
DE referred TO tac case he was defendlhs
as ort OF "a most grave nature. re re-
ferrtd also 10 the threats WMch ne hau
heard male-l. e., that ~ would oc uah-
gerous icr any one nclenulhS 1nt con-
NIcted women 10 come 90 LunchnuiS, Dut
hc said hc fcit as safe here a. anywhefc
ON earth. Continuing, he stated tnar tle
remark OF Air.. Ncnlett in reference 70
Governor a. ferrall 3 taxing mugs ih
lis own hands, which ne inonsht was
AItgal" is dchAtable,. g. that the presence
~ military hore was not ordered until
rhe Dri.r of YOUR county sheriff. with a
iatter ar.nonded under the signatures OF
Nour honorable Judge ana common
Nealths Attorney, sauns that .Ss
deemed 10 necessary Tor the Saltts OF tnv
prisoners. ana even dlt'r thtN hdl Nttu
conltuntl to die they We're carried uuusl
escort of a military guard 10 lhe l''cn-
mOud iHil for sdlc-hctlnh- ul",l a." '-f
dor from This court. ON me 18TH da' OF
GItob.r your Honor entered an order re-
oulring The Shcrln of TINS county 20
bring The prisoners from ths Std~ piaSc pe,,ed 0i
counncmont twhere your Hohol Hetlntu
host 10 send fheml 20 a place DiC&h"lt
with prejudice and danger, 20 sdii NVui
Honor the Commonwealth Altoinvl,
Communication 90 your HOnui WdlNln1
their rights 10 ho present. no ahsNSl
was received. These pilsohei .lp,r,'i aproIi' ~
"a Tho Governor and Attorney u. il'Ini VI
.Its state The opinion OF the AttolntN-
General was communicated 10 your ~ a.,
or in which ne stated lhdt ne w 49, -
,,rnecss.arv for the prisoners 70 p' p.VS
'..,,c nro tuue order under existing CIT
cumsii'n cuiliie oTeain stated that he had not
.t,,od any such -5mmunicaton. hai
1,lv heard that such was me .. A1noi,,Ss ,,,,o,
Generals opinion, but did hot hilom y l ,rt'ts "totts
,,e, authority his opinion was ,ehueItu..
r~S~e Flournoy, then assured nm ',at
rneh had been the opinion f.nSs(re" h}s Is
Attorncv-Gcneral SOFT W't1n,r or
flncr had been heretofore hotlh' - Vi
-.' l.. conclusion Judge florrloy Silid'
.,-,. iet,a throw aside passion Tor
1.ttic white and let reason rule. lct JustiSe
4 . dome though the heavens laN nts
,.,,.fiiioes nurc pro unoc, IS sonetnlhg
tsve never known TO have been cone
,,rarr ench circumstances as exist III
lie complimented the people of Lunen-
fure very highly hut stated that there
H,.re mean noople here as elfeWhere.
"<ow ask y0l In behalf OF THESE con-
Nicted women. that II a mouon Tor hunV
pro tunc order be granted that Eo" VI"
3Of demand the prisoners
Mr. Southall stated that there were
three distinct divisions Of Government
Executive. legislative. and Judicial. ana
oue should not interfere with the other;
that Governor OFeuall Judge Wexford,
and Sergeant Epps. have usurped their
power. and urged that the County or
J.uuenhurg hod right TO demand the
presence Of Sergeant Epps.
tlfrtIN Wi4l $ hNGUMTNT.
Captain Wise said ~ came here to
o. nay duty. and would DO IL but would
leave I 10 your honor 10 decide IL | DO
D.. Two months after your hOnor's
Judgment we hnd that your record s.
ioi fuN enough and lt must be amended,
Turning io the counsel for the Com
ynonWcalth, he asked them what could
rncy 90 IN che prisoners We're here They
have received no legal notice neither
have their counsel Granting ~ for
argument only that you had right 10
amend this record 40 SUIT yourselves, YOU
DaNs, alNln f.' notice. nf t H"a rove b right
10 test the memory Of your Honor and
contest your witnesses. 4 ain not here TO