Richmond planet., 1895-11-30
THE COURTS POWER
THE SUPREME TRIBU-
NAL TAKES POSSES
SION OF THE
PRISONERS
Case Argued in the Su-
preme Court on the
26th Instant.
LYNCHERS AGAIN FOILED.
Sheriff Cardoza Angry--.Judge
Wehford's Rulings.
ARGUMENT OF The
COUNSEL.
Tragic Scenes in the Court
Room ~ III They Sc
cure A New Trial.
OPINION WILL PROBABLY BE HAND
ED DOWN DBO. 5FH.

Argument on the cases of Mary
Alternately, Pokey and Mary Barnes
was begun in the Supreme Court of
Appeals Tuesday, Nov. 2eth and con-
cluded on the 9th inst. The Court
will render its decision in a week or
ten day. Thursday being opinion day
A large crowd thronged. the Circuit
Court room, Wednesday, Nov. 20 at
Z. M, TO hear the discussion on the
writ OF habeas corpus proceeding
Solomon Marable, airy Alternately
and F9key- Barnes were brought up
from the Jail in the custody Of the
City Sergeant >Epps. he result was
that Judge b. K WellfOrd extended
the writ until last Thursday at 4 p. NJ
As soon as the court was called to
order Judge Flournoy, of counsel for
the defence, arose and asked for
continuance of the writ until Satur-
day. He said :."If your Honor please
the prisoner are here under your or
ders of instruction to the City Ser
geant Your Honor is aware of the
fact that motion is now pending be-
fore the Supreme Court of Appeals on
behalf of the authorities Of Lunenburg
asking that tribunal to grant writ of
mandamus requiring the City Ser
geant to deliver the prisoners to sher-
If Cardoza of Lunenburg.
THE CAUSE FOR THE DELAY
At the time that your Honor enlarg
ed the writ last week it was thought
chat decision would have been reach
ed by the Supreme Court of Appeals
on the motion made by one of my as
sociates for an enlargement of the
wrlts of error and supersedeas grant
ed by the Supreme ourt The decis-
ion has not yet been handed down,
however, and we now ask that you en-
large your writ so that it may cover the
opinion day of the Supreme Court The
decision will no doubt be handed down
tomorrow, but, in any event, the City
Sergeant will hardly be notified of it
before saturday, therefore. we ask for
an enlargement of the writ of habeas
corpus granted by your Honor until
Saturday"
Mr.. Southall, counsel for the prose-
cutiOn, replied to Judge Flournoy, and
protested against an enlargement of
the writ He said: "If the Court
please, we object to an enlargement of
the writ We understood when the
motion was made here to enlarge that
nO Auh5HCA nOJlOn TO CndJ eHScC WOulO
be made. The petition for a manda-
mus now pending before the Supreme
Court of Appeals can't effect this
court, and he would ask your Honor
to remand the prisoners to the custo-
dy of the City Sergeant to be held by
him for the sheriff Of Lunenburg -
Mr.. Southall asserted that there were
three things that judge was compe-
tent to do under writ ofhabeas corpus
and only three things-to discharge
the prisoners. if he thought them ille-
gally detained; another to bail them
ff he thought necessary, or to remand
them to the custody from which he
had taken them He read from the
Code IN substantiation of these claims.
WHY HR WAS IN A HURRY.
In conclusion he asserted that the
arguments for new trial would come
mp before the Supreme Court of ADJ
peals on Tuesday next, and set forth
that If the Circuit Court interfered
further with the prisoners it would OBJ
crate to make it impossible for the
LUuenburg Court to consider a nup(c-
pro-tunc order for the amendmentSof