The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-16
RICHMOND vA SATURDAY NOVEMBER TO- 1879

the Governor cannon lnVuiIt ihty ~
reasons why Judge organ .ssued MS or
der 10 have the prisoners brought back
Judge Oryain IL he 50 cnOse could cnanse
the place OF confremtht ana sen, IN, .ie
prisoners to the jail IN petersburg OF us
where, for thew would still remain tnere
in his charge urtil taken away from nlh
by some legal authority -,...,o-..
Then again the safety OF the prisoners
has been spoken OF by COUNSEL on 'hs
other side but that point cannot hett ~
considered. I can asure the court. now
ever. Should I believe that there was
really any danger for their nVes III
bringing them back to LrnenDurg cou.es,
there would not be money enough III eisc
state OF Virginia 70 iheuee inT Tne ~ rsti-
vocate such q measure mere. i lpe De-.
tion also states that the prisoners are III
fears for their lives but that mas pcthins
tOHo with the case. Tne aulhOI~,s''s ~ .i.'a .,..
TIE people Of Lunenburg nave SIycn, VI ~
assurance that the prisoners shah Ds
protected and does this court or can
the Governor have the right 10 DOUBT
the word OF the people VINO pisu,sc ~ III
safety Of the prisoners IL looms ,,N,. IN.
reflection upOn tiase people when, aitcr
their County Court has ordered 10 nave
the prisoners brought back ana tneii saI. aa
fv Is voucned for. an outside court an, an
tho Governor Of tie State. interfere anu
direct the City Sergeant not 10 give W.
rhe order Of the Circuit Court Of the
cify of Richmond 10 tho Sefg.ah,, 10
keep the prisoners II his enslooy a,,, ~ The
to the order OF tassi talke' ,alxer mis- custody
av,ax- under the order OF the County 'oIit
of funs nburg We therefore ask '".s
court that the SefFeant OF ne cry ,pa
Richmond. be- commanded 20 r. s,o,.,,,. rtis
prisoners into the posssss'.Jim,a III y, r,ere ne
Gordon. i'm whose custody they W. H.,
r,o boIieve nrIor "a the order issued ~
Tho Circuit court OF the city OF RICH
mond.
,rronyrY-GENsEaL SCOTS REPLY.
Attorney.Gcncrai Scott, IN replying 20
the argument OF Mi. Sobtha',
, -I,ooktnu at tie case a. II stdiids ''. no 4
81, forS,.s tuiate myself, the Governor /,
md .r, n.5ple OF TINS Common" Taiei , I, n
4 fnat if st4nas for Judication OF TINS h'-ii
/ trlbuunl oi last resort wnicn u 70 -.
ierinine what IL 10 be done III lile ,,,
| also congratulate my sei ,nis ,,is' ~onie~t.
Z -ouauti.s nave cIept into inns Sonees. Soe',,. :.
,cbirh Is conducted Oh all sideS oy oineiais
! - th,e -otnrtnuw ealtn, guided only Dy w w
I s.iis, and desire OF do.h5 thei1 i"ii ~N''
and justice. ..,.,, h,, learned
! counsel an the other side when 1 Wouiu
ike TO answer Is that as 10 tue Jut.S
/ tlOn OF the Circuit Court OF thS ~ -, VI
Richmond. All circuit courts III tiis I'm, cy,...
I ulDnWeaith have the power OF iSS .
/ vrits of hsbeas corpus. This power - 10
! he anplied 10 any person VINO deems tiin-
] self 10 he in qauger IL - intehuen 10
protect human life against lne uSI, i.. -, -,
power, be II that OF a King. lhe Juubo 10 %
! The Circuit Court had UeIoIe MN ~ ~
/ records of the Supreme Court OF Appears
! as 10 the Issuing OF the wfit OK Sttos
/ and guperSedeas and the aiiuitNilS OF lie
/ prlsouers, who feared mat il taheh p..cn
10 Lunenburg they would nave ". " SH,1,s ~
/ death without the law. Win these ldcts
/ before him, Judge Wexford was iuuy Jus
/ tided 10 act a. he did. COunsei on the
other side have taken short cut III pre-
+ sonting petition for "A VIII OF iAhuaIiiuS
I for Tins writ Is not directed against JUG.
! WeBford but against the City sergeant
/ who only held the prisoners subject ~
/ the order OF Judge Wexford Iheie II 10
/ local standing Tor Sheriu taroola' IN, ,h'
petitioner, in this court, iOs ne ne - is,i.,i, mi'''
self a party TO the order OF the tiicnl'
/ Court or Richmond. and he appears 70
day somewhat Ina contempt OF the oiuei
OF that court. r..,,o 4.
"The next contention which / make Il
/ that the Governor. in what he dld, was
right Your HonOrs have before YOU ih'
| letter written bv the Governor 10 Juue'
I Brgain, Of the County Court OF Luhen
/ burg and aii be ASKS III that let'st ~
that the learned judge would cYile ,tN. 1yMt
+ and talk thf matter over win MN. W hri
/ the Governor believes that a VIII OF law
is 10 be perverted mo murder. then -
[ has the right and il ln his duty 10 siei
in and he must protect the ilyes ina
are endangered, and this no aia'
pressed his belief that the people o.
Lunenburg are quiet. orderly ana law
abiding. and have given tnelr ple1se t'
protect the lives OF the prisoners. bu
This court must take judicial kno"lede'
of what has occurrt-i at least IN an al
Joining county. the county OF Amena, %
which the learned counsel on the othe
, side is commemorative attorney AM
where one Mitchell, who had pesn sen
fenced TO death, after this very court o
Appeals had declared that he was entitie'
TO another trial, was taken from Tn
county iail and hung by mon.
Major Scott also referred TO case u
Nott0,vav county, the home of Judg
Mann where a prisoner had been takel
from the Jail and lyllchcd. When ne mad
this statement he was interrupted D.
Judge Mann. who said that not one bu
two, persons were taken from the Ja'
/ and ynched at the time referred TO-
The order OF the County Court OF l.uncn
burg states that the prisoners shall D.
kept in the jail OF the city OF kichmon
until they are ID be taken back TO Lunen
burg for execution. At the time when m
prisoners were tried. in July last. II wa
I necessary TO send three military com
panies along To protect their uNes, am
This WAS deemed necessary by the tria
Judge. the CommOnwealths attorney. an
the sheriff. What guarantee have we tina
/ since then a change has come over IN
spirits of those people and | believe tina
1 their views are the same to-day
ffN hen the supreme 1OAil Dl AURtdi
issued the writ OF error and supersedea
IL suspended all further steps OF tb
| County Court OF Luncnours-as the tire
falls IL must lay
mort OF his views Major scott continued
ar YOU cannot affect the rights of III
prisoners you certainly cannot affect thei
! persons The case was concluded III th
County Court OF Luncnburg after thes
/ peOple had been convicted and SENTENCED
/ wa Intended Ia take inc.
/ back to correct an order In case tha
! had been ended-a proceeding for Whic
there was 10 precedent
III the Circuit Court or the city 9
i Richmond had the power TO do what
I has done, Its Judgment can only be al
/ fected bv an appeal. but the sheriff of III
county OF Lunenburs, who is party
this order comes here 10 avoid the takin
of an appeal by petitioning FOR a writ {
mandamus What has been done by th
Governor has been done by rightful al
thority and the record OF the Circu
Court of the city OF Richmond must stan
until the Supreme Court OF Appeals detel
mines the question involved. There is II
process possible by which the prisone.
can be taken back to Lunenburg count
al this time. The matter Is left with tn
court, and as IL decides 80 the matt,
will stand for the Governor, the Cit
Sergeant, and the County Court os LuneI
burg.
JUDGE NASS's ARGUMENT.
Judge Mann then concluded the arg
menf by saving substantially the follow
- IN consideration of the case. L d,
sire to admit the bona-fde Of all =
oiicers OF the state in the action who
they have taken. the Governor. as We
as fh. iudge Of the Circuit Court OF a
civ AZ Richmoud. who If he made a mi
take made a mistake of judgment onl
snd not of intent. l make this explani
fion. for i may have 20 use strong lal