The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-14
Judge B. R. WelllOrd Enlarsss The Writ
Of Habsas Corpus a Week.
NEGROES IN THE Gu. ToDY OF The CITY
The Judge Turns Them over to Sergeant
Epps-Thc Latter Not Yet Taken to
Iunenburg-The Lunenburg
Attorneys to Appeal to
the Supreme Court
To-Day.


X. Wexford, Jr., for hearing argument
on the writ OF habeas corpus issued on
Saturday. and returnable yesterday. The
three prisoners. Solomon Marable, Mary
Abcrnathy, and Pokey Barnes. were In
court. In custody Of Deputy city Ser
geant Edward $ Fcrneishough and two
officials from the city jail, but Captain
Charles H. Epps, the city Sergeant was
absent
Mr.. X. G.. southal OF Amelia Court
house. and Judge william II. Mann, OF
Nottoway. represented The county OF
Lunenburg. while Judge II. w. Flournoy,
Captain George u. Wise, Captain a. b.
Guigon. and Mr.. vs.. NJ. Jusus appeared
for the prisoners.
Commemorative Attorney II. NJ. Smith.
Jr.. appeared for the city Sergeant, and
stated that the writ under which the
bodies OF the prisoners were 10 be pro-
duced in court was not present, but mad
been sent for and would be filed dur-
ing the proceedings. lie added that the
bodies OF the prisoners had been pro-
duced. according TO the commands OF
the Court
Captain Guigon announced that ne
would during the proceedings make
motion 10 have the writ OF hapeas corpus
extended for "A week, In view OF the &C
ton taken by the Supreme Court of Ap-
poals and Mr.. Southal replied that ms
motion would be opposed by Judge Manu.
on behalf OF the county of Lunenburs.
There was considerable delay until the
case was actually gone into, and half an
hour had elapsed when Captain Sulson
began the opening argument. beioIe
this was done. however Captain WISE
stated that Mr. Justis. I'm signing the Pc
tifion TO the Court for the prisoners. had
far "a Ci
Mary Barnes. instead Of Mary Aber-
nathy. With the consent OF counsel on
tile other side the Court allowed him TO
have the necessary change made
cAprAS eueoN's spRrcH.
Captain Guigon then addressed The
Court. substantially in the following
manner:
CAS- i intimatcd while ago. we de-
sire to offer a motion 20 the effect that
the writ of habeas corpus be made re-
turuahie in one week. The supreme
Court Of Appeals has now under advice
and has asked for note of argument
on. a motion which is 10 determine what
custody the prisoners are IN. and 1t there
fore seems 10 be very advisable 10 en-
large the writ. in addition, counsel Tor
tine prisoners have been during the past
few DAYS engaged IN the LunenbuIs
County Court with this ease as well as
before the Supreme Court OF Appeals
and none of us would. therefore, al TINS
moment be able 10 argue the case IN
this court as 10 snould be done. The
prisoners are now perfectly safe in the
custody OF the Court and no harm can
Dr. done to any one II the order of the
Court is enlarged for one week.
Mr. Southan said I'm reply: we shall
have TO oppose the motion for two rea-
sons In the first place, writ Of ha-
lfas corpus is issued TO show cause az
10 whether prisoner is legally detained
or not and Sc Is never used for the Iur-
pose Of having one court interfere with
another. If This writ is enlarged, the
object Of the Lunenburg County Court
which Is now in session, might be irus-
trated. for IL might defeat an order
issued hy the only court that has Jur's-
dicfiou in the premises. We claim that
tie prisoners are to-day in the custody
Oh the authorities of Luncnburs county
While they have been in the actual Gus
toGy Of the Sergeant of the city OF hlch-
rnoud. vet they have always been legally
i'm charge of the sheriff of Lunenbprg
county. To enlarge the order would be
usinc a writ OF habeas corpus as II mas
never been used before, and we believe
that this court has no jurisdiction, ana
cannot use the writ Of haheas corpus
Tor the purpose of stopping the county
court OF Imnenburg from carrying out
an order which 10 has right To make
lrp0s M,NN's ARGUMENT.
Judge Mann then spoke substantially
as follows.
1--WE answer this petition TO bring out
the merits of the case. The habeas cor
mus proceeding has been established TO
elrc a criminal "a speedy trial. or secure
the discharge of people who have been
ILLEGALLY held. The action Of the SUI
,.refue Court OF Appeals. which IS
referred 90 in the petition, still leaves
tne prisoners in the custody Of the sheriff
OF Luuonburg county. They are CON
veved to the JAN OF lhe city Of hchmond
only for safe-kceping. ana the laii oi
Richmond is only adopted temporarily as
fhe i.U OF Llmcnburs county. The pris-
onere. therefore. are not In the custody
of the Sergeant OF Richmond, as is claim
ed in the petition
"Aye do not think that amy violence
win boz done 10 the prisoners by taxing
thefn back 10 l.uucrOufg county, and II
,,e dld. we would not ask 20 have them
taken back The object Of the Supreme
Court OF Appeals. in issuing It's order
some time ago. was TO set ASIDE the
ot.sfion OF condemnation until the ques-
fior as 10 the granting of a new trial
o,rld ho determined upon. The object
a. tho uuuc nr0 tune order OF the Coun-
tv Court Of Lunelburs, II carried Out, Is
that what actually appeared al the time
OF The trial in evidence should be maze
10 sn...r on the record. No allegation
hes been made ln the petition that the
prisoners are kept ia custody Improperly
IL the motion asked for is granted, then
tho Court steps in and taxes the Juris-
3ictian away from the County Court OF
lunfnhurr. the only court In whose Gus
todv tho prisoners are. No harm can
result 10 the lives Of these prisoners II
,hev are taken back to Luncnburg coun-
~ The Governor as he has done before,
could surround them with the bayonets
~ the SONS OF Virginia. enough OF them
90 rrotcct the prisoners against the en-
,,re county OF Lunenhurg. ! have been
,n I,,usnburg a great deal, and although
q resident Of Nottoway county. I can
cav az i.unenburg county more than or
~ othcr. that there has never been any
sv,ching there The prisoners. II
t.ourht back. will bc surrounded by Luz
,e,bnrg's best citizens, who VIII deem
1. "a he their honor 20 see that they are
properly protected
.~rhere Is nothing. as l can see, that
e.., stana between the Lunenburg Coun-
49, CONT and the prisoners. Counsel
~, he other side are fully entitled 10
tr. eteps which they have taken. but
90 ,hir court steps IN and enlarees the
..,a, the latter ceases 10 be for what II
4. in,enaed. IL Is writ for protection,
a,d we submit that the petition does not
-,,,no,ixe the writ and IL ought 70 be
,,asaed the writ dis harged, ana the