The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-10

| LuncnDurK county. The Governor, after
iohs consultation with Attorney-Gen-
| made up his mind upon the question.
| and the following order shows what de-
| termination he arrived at:
| 1HE oEDLE.
| Governors Mansion,
| Richmond. Va, Nov ., 1895.
| To Captain Charles II. Epps. Sergeant Of
Richmond city, and Keeper OF the Jail:
DO not deliver the Lunenburg convicts
| 10 NJ. {. Cdrdozd, Sheriff. &c, as hereto
| fore Instructed, but retain them until
| communicate with and hear from Judge
| organ.
| CHARLES T. O'FERRALL
Governor OF Virginia.
| All day yesterday the case OF the
| prisoners was under earnest discussion
| by the Governor, Attorney General, and
/ counsel for the women. and it Was not
| until late last night that Governor
| OFerrall arrived at the fixed determina-
| tion not 10 allow the prisoners to 60.
| While he was closeted with the Attorney
| General, the decision which they should
| arrive al was awaited with sagerness
/ in the Governors sitting-rOOm by General
| Charles j. Anderson, Brigadier-Gencrdl
| Phillips, Major Evans. Captain Heath.
| Of the Petersburg Giays, who had ar
! rived in the evening, and others. After
| the conference had lasted some time.
| Deputy Sergeant Claiborne Epps was sent
! for and taken into consultation by the
| Governor and Attorney-General A few
| minutes later the discussion came TO u
| close, ana the Governor. returning 70
| the sitting-ro0m, said 10 the officers In
! attendance.
| THEY SHALL NOT 90.
| '"The prisoners will not be taken back
| to Lunenburs. Issue orders TO the troops
| who are awaiting orders TO disband.'
| This order was Immediately executed
| by Captain Heath, who, stepping 10 the
| tf0VffnnfS tfignHNHf. Peters
| burg and ordered his lieutenant. who
| was summoned to the phone. TO dishand
! the Grays, who were then in their afmory
| with arms and accOutrementS ali ready
| to start when orders were received.
| General Phillips by wire also ordered
| Captain Freeman, OF the Danvlne troop,
| TO disband his men, who were also under
| arms waiting for orders.
After these orders had been executed
| the Governor explained that he had come
| 10 the conclusion, In which he was iGllY
| sustained by the Attorney-General. that
| II was his duty as Governor OF virginia
| 10 protect her citizens He based his
| action entirely upon the section or the
| Code OF Virginia which says that the
! Governor shall see that the laws ot the
| State are faithfully executed, ana ne
| thought Il his duty. when he saw that
| a violation OF the law might take place,
| not To wait until the harm had been
| done. but to take steps 10 prevent u.
| While the Governor explained the fea-
| sons which had actuated him in taking
| the action which he had Attorney-Gen-
| oral Scott. assisted by Mr.. Carter Scott.
was engaged in preparing a letter 10
| Iudge Orgain explaining the steps "ulcit
he had taken and his reasons therefor.
General Scott shortly thereafter brought
in the letter, which was OF some "'pe
| length. ..- 80. g.. ,,,,ttt-
! cation tho Governor and Attorney-6eh-
| eral agreeing that It would not be cour'e-
Gus 10 Judge organ 10 al0W ! 70 ap
! pear in print before the Judge ,.d,.e,. hau To-.
| Il Attornev-Gencral Scott. however
authorized the statement that the leiter
~as founded upon the broad principle
| M, {. was the duty Of the Governor OF
| Virginia TO protect all or her clllzsils; cl,.',l;
/ He said further, that he was hatlsliiet ha,i,
! nat Judge Orgain would view the action
! ~ tho Governor I'm the proper llsh!, anu
| tbot an anicabie understanding "oulu
be arrived al.
JUDGE MANN's TYLYGR'M.
4 potent factor in determining me
Governor and Attorney-GenefaI ih ,ron, ,rem
action was the following telegram 'loii
! Judge Mann. received yesterday
NOTTOWAY G. H.. Va, No. 'th.
rr,- E,vcalIencv Charles +. bFerrall.
! Governor OF virginia
From report in papers, l judge you
may be waiting for some ,oiii.,iu ...t a.
! lion from me. / can't comih"hie"te NJ.
| Judge organ before Monday. bat IN FicW
| 81 he oninion of the Attorney General
| suggest that a special messenger be
sent 30 him, asking him TO ,,il5i ,nstruse ,,I
! Sheriff not to bring prisoners. - ~
! .-C,-. WANT THE PRISONERS INl.ESS
;;rfifTp PRESENCE is NECESSARY.
baven't seen opinion of Attorney-Gen-
| erai and can't decide as 10 what ought
90 sdvige until do. can only say
! maj do not deem myself az Nperty 10
oppose any action he may VA lakf. H. MANN.
Tho Governor said that this action Of
| his closed the case. and that the prison-
rrs would not be taken back 10 Lunen-
| burg unless new tlldl Nds - az W "
! ,bcT bv the Court Of Appeals, or they
| we're TO be hung Should they be taken
back to Lunenburg for new 1rlai. ns
| declared that he would send troops win
| rhcm. and turning 20 Captain Heath.
of the Petersburg Grays. said that ne
, might then have use for him. as he had
made up his mind If the prisoners had
/ heen taken back 10 Lunenburs on thiS
occasion 10 put them uhuer tns ~ ,o
charge Of Captain Heath. not subject 10
! the orders of Sheriff Cardoza.
WRIT Of HABFAs CORPUS.
While the case Of the prisoners was be
| ing inns conciusively disposed OF by the
! Governor Messrs. George D.. Wise ana
! Il W Flourroy, Of counsel for the wo-
| men, accompanied by Mr.. W VI, Just's'
| Jr.. unconscious OF what was solhs OIL on,
! were still dcvising means Tor preythtlnL
| the removal Of the prisoners 10 i<Ihsn-
! burg They visited the residence OF Judge
! y. X. Wexford. Of the Circuit Court, ana
upon representing the case 10 MN r,, su1"s -
! ly he agreed to grant them writ q
| naheas cornus For this purpose q ttlp
was made to the Circuit Court ana tne
writ duly granted IL restrnns tns -.
| Serrcanf from delivering the prisoners 10
| sshc-iff Nr . CORDOBA, and also enJoins
| The Sheriff who was endeavorlng 10 LaAe
! them. -. 80. .,,.soa .,
| tho orler Of the Governor IL all-suiicient,
and later in the night the PRISONERS coun-
sel were informed OF the decision reached.
The events narrated anoye were the
! ,he mart of all concerned in the matter.
| +arly Yesterday morning Governor q Fer
| rail- ordered out the Petersburg Grats
nd the Danville company Captain Heath.
| og Petersburg, reported that he would
| have about forty-iiye men in readiness.
! and C,aptain Freeman, OF Danyille, wired
that he could raise q COMPANY OF tnirtt, ,.I,,.
and TO prepare for long stay In Lunen-
burg county.
INJUNCTION ASKED ron.
While the Governor was making these
| r,renai=itiCns counsel for the prisoners
| held a conference and decided 10 apply TO
! Judge witt for an injunction 10 restrain
Sheriff Cardoza from taking the prisoners
| into custody. They proceeded TO the
office OF the Judge about o'clock. but he
was not In. and II was nearly . o'clock
business. returned. When he reached the
City Hall he concluded. after brief con-
ference with counsel. 10 hear the argu-
ment in regard TO the petition prepared
by Messrs Flournoy. Wise. and Gnigon
in his private office. The county OF Ln-
nenburg was represented by MI. X. g.
| Southall, OF Amelia Courthouse, while
Nessrs. Flournoy and Wise looked after
the interest OF the prisoners
Judge F.ournoy gave brief history OF
| the case since counsel had been secured
for the prisoners. and stated IN his las,
telegram to the Governor judge Mann
| had decided to a>quiesce in the opinion
1 A,sornAv-Eoneral 10 the eGacs