The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-22
JUDGE WIILFORD AC0UIEsCES.
VIII Remand the Prisoners, but Adjourns
the Court in Order to Hear Authorities.

The second act of yesierdays proceed
ings I'm the Lunenburg case tran spired
yesterday afternoon IA the city Circuit
0uit four nScr} HoI1c was the nour SCI to
! finally dispose OF the writ OF habeas
| corpus which had been granted last
/ week The prisoners, Solomon MaraDlc,
| Mary AbcTpdthy, and POkey Barnes,
! were brought into court on time by CITY
| Sergeant Epps and two Of his deputies.
| Judge Wexford was himself five minutes
! lac. while Judge Mann and Mr. Scutbail
were awaiting his arrival 1t was not
! until 4IJ T. NJ, when judge Ilournoy,
/ Captain Wise, and Captain GuigOn, coun-
/ sci Tor the defence, entered the COURT
/ room. While their arrival was looked
! iOr the Court addressed Judge Mann.
! Judge Mann, have you a copy of the
! opinion of the Supreme CcurtY'
! Judge Mann: res, sir, ! brought II
I I'D for your Honor
lie then handed Judge Wclford a copy
! of tne opinion, which was carefully
| studied by him.
May IT please the Court" said Mr..
| Scuthall, rising in MS seat, eve simply
! y4sh to make molten We understood
! that this court was only holding the
/ prisoners subject TO an opinion Of the
! Supreme Court of Appeals, which was
thea looked for, and which has been
| Terdorcd to-day. We now ask that the
! habcas corpus proceeding be Dismissed,
/ and the prisoners remanded TO the Gus
| tOdy of the sheriff Of Lunenburg county.
Judge rlOurnOy next addressed thy
| Court. stating that ne bad not yet heard
the opinion Of the supreme Court, and
/ asked that the same he handed TO him.
| This was DONE and a few moments later
| he asked leave TO retire for short while
| with his associates for conference. TINS
was also granted. and the Court patiently
awaited their return.
ASKS FOR ADJOURNMENT.
II was 4.J0 o'clock when counsel for
! the defence re-entered. and Captain WISE
| asked for recognition.
eve have decided to ask your Honor
1 he said. ITO adjourn this case until to-
morrow at noon, so that we might be
able TO prepare papers and cite authoI-
! ties, which We are not in a position 10 do
now. No harm can result from such
! postponement We wish 20 present pill
| OF facts, and We. therefore, request that
| time be granted us until tomorrow NJ
II or II o'clock, as the court may deem
! best"
Captain Guigon then spoke. in sub
| stance. as follows: In addition to what
my associate has stated, / like 10 say,
! that we desire an Adjournment of the con-
sidcration of the habcas corpus proceed
! ings because we have some novel points
which we wish 10 bring 20 the attention
Of the court. Should this court be Ruid-
| ed by the decision rendered to-day 10y the
Appellate Court. and feel inclined 20 re-
mand the prisoners. then we wish 10
submit authorities. which. We think, viii
show that We arc entitled 10 take IN
appeal. We are acting IN good faith. ana
think we have reasonable ground 20
Dorsuadc the court that the prisoners be
not romandtd. Should the decision of the
Appellate Court stand, then We will ask
for a stay Of execution until the case can
be appealed. which can be done, as the
Supreme Court has decided to-day.
eve believe that this matter can be
absolutely adiUdicated in this court, and
we have good grounds 10 believe that
we shall he able 60 convince the court
or our views. The case before us IS Of
II. 4..f. L., t.ll l..h 10
NOT believe that undue haste should be
exercised Just a few moments ago our
attention has been called 70 n decision ot
the Supreme Cour, Of this St0te which
/ believe, covers our case. think II IS
tho case Of Dillon and others. but we
have not vet been able 10 look into IT,"
JUDGE MANN'S ARGUMENT.
Judge Mann followed Captain Guigon,
and spoke substantially as follows:
I'VE do not question the bona hdes OF
counsel on the other side, and we think
they ought 10 do everything they can Tor
their clients. but am acting here from
my standpoint. Counsel 0f the other side
have given no reason TO show why Tie
court should not dismiss the writ OF
habcas corpus. l viii COnccde that they
have right 10 appeal. but TO what trbu-
nal? The Supreme Court OF Appeals has
declared to-day that the writ of habcas
corpus has been improperly awarded, and
In view Of this statement OF the Supreme
Court. what chance do these gentlemen
have that a writ Of error will be granted
them2 They ask now for a postponement
that they may apply for a writ IN the case
which the Supreme Court decided 10 day.
The supreme Court of Appeals has origi-
III jurisdiction IN mandamus and in ha-
b corpus proceedings, and as soon as
this writ is dismissed by this court coun-
sci on the other side can at once epply TO
the Supreme Court.
The present term of tho County Court
of Lunenburg commenced on November
nth. and II cannot extend over fifteen
days. II a nunc pro tune order IL to be
entered the prisoners must be present in
court and In order TO accomplish this ar
range gements must be made for their safety.
The Sheriff OF Lunenburb county must be
given time TO make his arrangements.
RE has been tclegraphed for. but he viii
not receive this telegram until Il. NJ.
1glcn he will have to travel twenty-five
miles by lhicle i'm order TO take the train
at Burkeville tomorrow morning at
O'Clock. and arrive here at A. NJ. The
first train 10 leave here for Lunenburg
would be at A. NJ, but the time would
be too short, so the only train available
is the one at l2:55 T. NJ. II the postpone
inent Is granted as asked for. then the
first train VIC could take would DO to-
morrow night. and II would be almoft
Impossible 10 bring the prisoners TO lM-
nenburg during the night, for the Sherlu
would have TO secure "A guard or nfty men
10 meet him at Burkeville. A further
continuance OF the case. therefore, seems
lcor.sn,,J IN second Pagel