Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-28
trial Of a criminal case in such court to

pc CDjnSe1. etc.
LAW CLEAR AND UNIFORM
"Thc doctrine that there shall be
change of venue II from any cause u
fair and impartial trial of criminal case
In the place where the all aged crime was
committed cannot be kas. Is part OF
the English common law. Lord Mansfield,
in speaking Of IL, said: THE law Is clear
and uniform az far back as IL can be
tracei-Mhere an impartial trial cannot
be had I'm the proper county. 1t shall be
tried in the next" Our statute upon the
subject declares that the court may,
for good cause. order he venue 10 De
changed" While the application Is adj
dressed to his judicial discretion. the
statute imposes upon the Judge the ou'y
to enter the order In ali cases when
otherwise a fair trial cannot be obtaineo'
and his failure TO do so may be reviewed
and a new trial awarded. IL is pertinent
In this connection TO ask what shdh p'
deemed good cause.
The answer To this question has been
given in plain and explicit language by
a learned and distinguished I1dse OF
our Supreme Court Of Appeals. Judge
Daniel. in delivering the opinion or the
cour9 SAYS. In Wormeley's case; ''ses'
however may be supposed or such strong
and extensive and influential preJu1lce
and excitement against the accused Ss 10
eudanger the fairness and !muirtialty 81
a trial conducted in tne comfy even
though the court should encounter no
serious difficulty or Inconvenience III "p-
tanning a Jury. In such cases, IN order
70 obtain a fun. free. dispassionate, Jjst,
and impartial hearing Of lie cause. IL
might be iust as important II change me
theatre OF the rial as 10 nave Jury
filling all the requirements Of rho law as
IA qualification and freedom from eN-
ception.
I'm view OF such possible state Of
things. ani OF the possible existence OF
other causes not necessarily CONNECTED
with the Jury. and, in order to precluHe
the inference that, by enlr'ginS H'e
power Of the court as TO the souices
from which the jury might be takeH' j
intended TO curtail the court OF any power
or discretion which Is previously hdd o'
changing the venue for causes other thah
The difficulty Of obtaining jury OF
the county. the Legislature have. III
the twenty-eecond section OF the chap
Ter cited above. declared that the Cir
cult Court may, on the motion, either
of the accused or of the Attorney LOT
the Commonwealth. or without such mo
ton, for good cause. order the venue TOT
the trial Of a criminal case in such court
TO he changed to some other CIRCUIT
Court" But we are told that there are
no bills of exceptions by which the facts
and circumstances surrounding these
cases are disclosed TO this honorable
court.
NOT ASSISTED BY COUNSEL.
cit Is true that these ignorant women
were not assisted in their defence by
counsel: no one appeared 10 use his legal
powers in their behalf When poor pris-
Oners are in such condition. especlally
i'm capltal cases II is in accordance with
the humane teachings Of our profession
that the judge, lin a manner not in
consistent with the duties Of the bench,
should counsel and assist him. and that
the prosecuting officer should avoid what
ever might lead TO an unjust CONVICTION.
| appeal to the record as proof OF the
fact, that these poor women were as
helpless in the County Court OF LINEN
! burg as would be an infant thrown
from the deck OF a shin In mdocean in
| the turbulent and angry waves.
IF l were permitted TO bring before
/ your Honors all the conditions which
surrounded the accused In that court
| IL all that was done and acted there APP
! peared in this record my task would be
| easy. If the whole truth were known II
/ would not be necessary TO utter here one
word in their behalf: all the warmest
| sympathies Of your hearts would be on
! listed in behalf OF these unfortunate
women, and you would see clearly the
necessity for some corrective action for
| the maintenance Of Justice and the pre-
| servation OF our civilization.
| II cannot tell how the grand-tury room
| was invaded by military guard, under
! the direction Of the presiding Judge; and
| how their captain there undertook. by
the same authority. to interrogate wit
| nesses and instruct them as 10 their
| duties and rights; | cannot tell hon the
| perjured Narable when he stood before
| the court and jury TO recount the false
| accusation By which these helpless women
! were sent 10 the gibbct and death was
/ inundated by a by-stander and forced
! 10 reterate his foul lie: l cannot fol-
| low the two iurymen. who, after uniting
| i'm the verdict Of guilty, went from Lu-
| ncnburC Courthouse 10 the home Of q
lawyer in that county and told Of their
| dissatisfaction Of that verdict. and Of
| those lashings Of conscience which are
| sharper than the stripes inflicted by a
whip Of scorpions. While l am forbidden
| TO lift the curtain which cOnceals from
! your view these wrongs and outrases.
| which cry 10 high Heaven for vindicatlon,
there is enough in this record TO justify
such action as We ask In the name Of
| justice and humanity.
1 JlDtHE Dt'TAiN = In lsiS.
II want 10 call your lionors' attention
/ to the letter from Judge Orgain. in
which is the declaration that the feel
ing against the prisoners was 50 strong as
! to cause him 10 entertain the opinion
| that they would be deprived OF life. with
out due process of law. unless guarded
and projected by the military arm Of
the State
by the terms of our statute he could,
without any motion. for good cause have
ordered the venue TO be changed 10 some
. other county court. as by his own show
/ ing the prejudice and excitement against
these women was so strong. extensive
and influential as 10 eDdanger the fair
| ness and impartiality Of trials conducted
in the county of Lunenburg, 1t was his
plain duty 10 have exercised in their
behalf the judicial discretion vested in
him. The prisoners were guarded by n
military escort. consisting Of about
eighty officers and men. from the Jail
| in Petersburg to Lunenburg court house.
During all the trials the seat of justice
was surrounded by bayonets. and this
was permitted by the judge because
deemed 10 be necessary for the preven-
ton of the destruction of the accused
by mob violence
DANGER STILL IMMINENT.
And after the trials had been finished,
| the NcrdictS rendered ana the death sem
| fences pronounced. even then the preJu-
dice ana excitement which caused the
! Judge TO fear that the prisoners would
be deprived Of life. without due process
of law manifested itself in such form
and vicor as TO call for another order
from his Honor. Between these rnfor-
| tunate women and the grave there
only remained two short months.
in which to seek forgiveness on
Bonded knees. 90 prepare for eter-
nifty. and compose their minds for
I NJ