The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-13


mon Who propos,d TO appear as ne haI
already extended the courtesy 10 MT.
\.llsft although il was not MI. Nehlttl >
legal right to appear. - o,so
Judge Flournoy and Mr. ,Guigon also
Joined In the opposition, ana tns SiV.,lu
of The objection seemed to De IN" helay
that would bc caused 10y granting w
reau.st when there was SO niue tlhi'
remaining before the DAY IKE" iVI '"'
execution OF the prisoners. .,.,,. 20
Judge Mann said ne did not cidlih I"
have "A legal right 90 appear at TINS 'iilt,
vet ne and his associates desired anu
honed that the counsel for the defence
would grant them this courtesy anu give
them some little time within whlch ~
acquaint themselves with the poinl 10 -,
raised and then present thelr views "a
the cases to the court ,.
Judge Flcurnoy stated that II tho writ
was granted that the counsel LOT tnt
Commonwealth would nave ample 'i'.lt "
appear and nres"nt their views upon
the question OF granting the prisoners
new trial as the case In that event Wouiu
be- certified TO and heard in the 'lt' ult
Court Of Lunenburg county al us next
regular term. ,
.Tudge Mann. on the other hand. contend
"a that the court might at this term not
only issue the writ of error IN thc
cases. but also determine the matter OF
granting "A new trial. should all parties
desire II. and that i'm order 10 present TINS
side of the case fully. the counsel Tor
the Commonwealth desires some niue
time TO examine the papers and author-
titles.
TIT LITTER THAT NEVER CAN'T.
Mr.. Neblett then stated TO the court
that when MCssrs Wise and Flournoy
were IN Luncnburg. about six weeks ago
he requested thcm TO notify him OF the
time and place al which they pIoloStu
20 make the application for the WIFI or
error and they agreed to do so, but ihat
he had received no notice. neither from
the counsel nor from the court. anN thal
be was here to-day only in consequence
Of the announcement of the fact through
the public press.
MIR Wise stated that he had written
10 Mr.. Ncbett last Friday as soon as
h. heard from Judge Coleman. giving
him notice of their intention 10 MAKE
the application to-day. and addressed the
letter to Whittle Mills. as requested by
Mr. Ncblett. but Mr.. N"hlctt stated tnat
ne had not received that letter on &C
count Of his absence from his home.
Mr. Nehl,tt further stated that he also
wrote to Judge Coleman. asking INN 10
inform him when and whore the apph.
cation would be made. hut that ne had
received no reply 10 that letter Judge
Coleman then stated that he had re-
ceived such a letter from Mr. Neblett. and
would have replied To same but for the
fac; that Mr. Wise had Informed the
Judge that he tWise) would send notice
to Mr.. Neblett. which notice. although
sent by Mr. Wise. was never received by
AIR Nchlett. as stated above. The court
held that while II might not be a legal
right for the commonwealth attorney TO
appear. yet ne knew of no statute or
law to prohibit his having the Com
monwealth's attorney pre- sent on such an
occasion. and asked the counsel for the
defence to show him the law 10 that
effect as they seemed TO contend that II
existed.
MATTER OF PRACTICE.
Judge Flournoy said that he knew Of
no such statute. but though that it
was q general IL not universal prac-
tiCc for the Commonwealth Attorney not
20 appear on such an occasion.
Then the court decided that as II
desired all the information IL could get
upon these novel and important cases. ne
would allow the counsel To appear for
the Commonwealth and present their
views and 10 enable them to make some
examination Of the papers in the cases
no would defer the -he airing OF the dppn-
cation until after the trial of case upon
the docket Of his court here and which
had been set for hearing this morning
At O'Clock the court convened for con-
tinuance OF the hearing OF the applica-
ton for the writ OF error.
ARGUMENT or THE CASE.
At the opening OF the aftcrnocn scs-
sion. Captain a. B. Guigon, on behalf or
,.e rs4..ntis. reau me petition ana the
record which occupied most OF his time
lie thcn argued for the admission of af-
a.AN.ts o. tAe glOund that me case was
court TO the fact that the examination
Of the record would bear us out In the
petition and tn reau "a portion o. t"e
Itcord.
when CAPTAIN Guigon asked permits
sion TO produce some f''Cavits. Judge
Mann objected. Judge Coleman said
he would hear only the petition and re
cord OF the court.
Carfain Gneon then stated that -"
case was truly uniq &c. and tina; no such
case WAS over tried. that tn,rc Is no
precise authority from any court In sup
port OF the Introduction OF afiidaSits, on
application for "A writ OF error, but on
account of the seriousness of the case, he
asl cd that a precedent be made. Il
think" Continued CGptain GuieOn. chat
the atmosphere which pervaded this trial
will Justify us in setting forth all the In
u, mes which bear upon this case
Here Judge Coleman stated that he
would be rank enough 10 say that his
view was that he must confine himself TO
the record OF the County court OF Lunen-
burg. and that he could not uproot the
laws OF the Commonwealth. In order TO
meet the siIrosed hardships Of some
particular case
Here the counsel for the prisoners ex-
plained that they obtained affidavits be-
.use the commonwealth attorney
While claiming " here been very partts-