Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-11-23

tneS the witt OF haDeaS corpus De
made returnabie in une week The
Supreme Court Of Appeals has now
under advice, and has asked for note
ot argument On, and u molten which is
70 ueteimlne what custody the prison
er5 are IN and it therefore seems 10
be very advisable 10 enlarge the writ.
In addition, counsel for the prisoners
have been during the past few days
Engaged in the Lunenburg County
Court with the case, as we'll as before
the supreme 'ourt OF Appeals, and
none OF Us would, therefore, at this
moment be able to argue the case in
this court as it should be done. The
prisoners are now perfectly safe in the
custody of the Court, and no harm can
be done TO any one ii the order of the
Court is enlarged for one week
or. SOuthslI said in reply: 1--WE
shall have TO oppose the motion for
two reasons In the hrss place,
writ OF habeas corpus is issued TO show
cause as to whether prisoner is le-
gally detained or not, aud it is never
used for the purpose of having one
court interfere wi b another If this
writ is enlarged, the object of the Luz
nenburg County Court, which is now
in session, might be frustrated, for it
AAAAnt dClCdt GIL AccuCA UI Jnc
only court that has jurisdiction in the
premises. We claim that the prison.
ers are to-day in the custody Of the
authorities of Lunenburg county.
While they have been in the actual
custody of the Sergeant Of the city of
Richmond, yet they have always been
legally in charge of the sheriff of Luz
nenburg county. To enlarge the or
der would be using a writ of habeas
corpus as it has never been used be-
fore. and We believe that this court
has no Jurisdiction, and cannot use
the writ of habeas corpus for the pur-
pose of stopping the County curt of
Lunenburg from carrying out an or
der which it has right to make"
JUDGE MAEN's ARGUMENT.
Judge Mann then spoke substantial
| Iy as follows:
I'VE answer this petition to bring
/ out the merits of the case. The ha-
Deas corpus proceeding has been es-
| tablished to give a criminal a speed y
| trial, or secure the discharge of peo-
| pie who have been illegally held The
action OF the Supreme Court of Ap-
/ peals. which is referred to in the pc
titIon, still leaves the prisoners in the
custody OF the Sheriff OF LunenburQ
county. hey are conveyed to the
| Jail of the city of Richmond only foI
safe-keeping, and the Jail OF Rich
mond is only adopted temporarily al
che Jail OF Lunenburg county The
| prisoners, therefore. are not in the
custody of Sergeant of Richmond. al
is claimed in the petition"
tapt Guigon called attention to the
fact that the Supreme Court of Ap
peals had not declined to grant an en-
largement its writ, but il only want
ed to hear authorities on the question
and had therefore, asked for writer
brief showing the power of that cour
in the premises.
JUDGE H W. FLoURNoY SPEAKS.
Judge Flournoy, in closing the argu
| ment, called attention to the fact tha
there was no class Of people that dii
| fered more than lawyers He ha
been contending for the past thre
months for the saving of two huma
| lives from the penalty of death w
are told, Judge FlournOy continued
that we are adopting unheard Of meas
ures for the saving of the lives OF thes
people and we may say to the other sid
that they adopt unheard Of measure
for their destruction.
OUT OF THE HANDS OF THE LUNENBUH
COURT
When the judgement was signed b
| the County Court of Lunenburg il
fiicting the penalty of death upon IL
prisoners, hen the latter passed out
the hands of that court, as far as IL
records were concerned. They wei
l ! subsequently taken to the Supren
e Court of Appeals and writ of err,
: and supersedeas was issued by thi
e tribunal, and to-day they are awaitiI
5 the final judgement of the Supren
Court of Appeals, which is to dete
= mine whether they shall nave a ne
0 trial or not.
: AN ERRONEOUS IDEA.
: There seems to prevail an idea th
= counsel of the prisoners asked til
% | court and persuaded it to do an unla'
If full thing by issuing this order
# claim that the presence of the priso
,ers is not necessary for the entering
S anv order by the County Court of L
It nenburg The record Of the Suprer
= Court Of Appeals forms part of the 7
)r tition, and at the time when the WI
le of error and supersedeas was granite
the prisoners were legally ani actui
d ly in custody of the City Sergeant.
le am not talking about the Lunenbu
ID | people as being lawless people, but u
le on the statement OF the County court
a | Lunenburg, the Common wealth. Att
n ney, and the sheriff of that county
Ze do believe there are enough lawl'
people in that county who would ia
t. the lives of the prisoners, if they We
Of not properly protected.
OF THEIR LIVES TO BE PROTECTED.
in The unusual proceedings comment
D. when the motion was made by the o
er side TO amend the records. We
NJ. asking for the law; we have not asl
,r- to have the powers OF a writ of sup
rit sedeas enlarged. But the Supre
m Court of Appeals says 1--WE will 2
Tas you an opportunity to prepare an
OF, gument on that question We W
TO- the lives OF these people protect
les and the very proposition upon wh
I'd We asked this court for an orde
he pending now If the Supreme &c
of Appeals finally says that he OF
he is not to be enlarged we shall no 10
Q a er ask this court here to continue
or order.
OF THE courts DECISION.
lall This ended the argument, and Ju
OPP Wellford in rendering his opin
the spoke substantially as follows:
No one appreciates more the
treme care which every judge sh'
exercise in rend dering a decision
tho v,oso1lx =, oO~o,1foa<od oocoo on