The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-26
THE Filming OF SERGEANT EPPs.

In the opinion of The Times. Judge
organ in fining Sergeant Epps erred
greatly. and 1t is 10 be regretted that
the Sergeant. instead OF paying the fine,
did not except TO the Courts action ana
take an appeal. According to the reports
of the case that have been published,
Sergeant Epps stated to the Court that
PRIOR to the demand upon him ny me
sheriff of Lunenburg for the prisoners,
Judge Wellford's writ of habeas corpus
had been served upon him. which COM
manded him to produce the prisoners
before him Judge Wellford), and he
could not. Of course. produce them before
Judge Wexford IL he had previously de-
Ivered them 10 the sheriff of Lunen-
burg. There was no contradiction OF this
statement before Judge Organ, so that
the case was determined with those as
the actual facts.
Now, 1t is true that the Court of A9-
peals said in the application for man.
damus TO compel Epps to deliver the pris-
oners TO the sherin, that Judge Well
ford had no right TO issue his writ Of
habeas corpus. but IT also said, that
Judge Wellfords court was court OF
general jurisdiction, and that its wris,
even though improperly issued, were not
10 be ignored by any one. and that 1t
Uhe Court of Appeals) was not at liber-
~ TO treat his writ as void, and 10 COM
mand Epps TO give up the prisoners, III
disregard and defiance OF 1t. The Court
OF Appeals therefore refused the writ OF
mandamus. ana lett the sheriff OF Lunen-
burg 10 get Judge Wexford 10 recall his
writ. OF to appeal from ii. if he would not
recall it.
If, then. Judge Welford's writ had In
It sufficient virtue TO arrest the action or
the Court of Appeals, is Judge organ TO
say that his orders could override and
set 81 aside?
Sergeant Epps was perfectly right 10
obey the commands OF Judge Weliford's
writ. and he could not do that ana obey
Judge OrgainS order also. He has
been Improperly fined. and We hope the
Legislature will promptly pass an act
for returning him his fine and his ex-
pcnses.
our correspondent. In reporting the
proceedings at LunenDurg Courthouse.
when Sergeant Epps was before the
Court, says that the feeling and opinions
OF many OF the people there may he
shown by the remarks he heard upon the
court green, and he quotes some OF them,
amongst them the following;
"The id newspapers and their re-
porters are responsible for ali TINS trou-
BILE"
Il wish i had my way with Governor
O'Ferrall-he would be hanging out here
on the eallows built for Maraole."
1t Is with all charity and Kindness
that we feel compelled to say that 1t
does seem to us that the good people OF
Lunenburg have permitted passion and
excitement TO debar them from calm
consideration OF, and judgment in. THIS
case When reasonable men IN I.unen-
burg reflect upon It's facts. we do not
see how they can possibly reach any
sucn conclusions as these.
As soon az the prisoners were arrested
the Judge OF Lunenburg County Court was
30 apprehensiye that mob would take
them from the jail and summarily hang
them before they were tried that he
sent them or 10 the jail OF Petersburg
Tor safe-keeping. when they were 10 be
brought back for trial. the judge or
Lunenburg County Court and the Com
monweaishs Attorney OF the county
wrote the Governor letter. which was
delivered TO him by the sheriff OF the
county. In which they painted tho state
Of feeling there in tho strongest colors.
ana they were most urgent anc psremp-
tory In as,<rng the Governor TO furnish
military escort for the prisonera TO pre-