The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-24
The COmmOlWsallh'S Attorney Relieves
Him OlBlame, but Asks for The Fine.
JUDGE TREATS HIN WITH COURTESY.
Desired 20 Show the Result of Executive
Interference with tho judiciary.
VIII Not Hear the Nunc FRO
Tunc-Bitter Feelings of
the People.

I.uncnburg County Court which con-
vcncd at o'clock today, when Judge
orsain announced that the court was
ready to hear any motions to he made
Commonwealth Attorney Nobiett saia
that In the case OF the Commonwealth
against Captain Charles IL Epps, no
would move for continuance OF the
same until Monday and asked that
Jury be empannelicd TO Try Mr. Epps'
Judge orrain ovorruled the notion ana
asked Sergeant Epps TO take ms
stand at the bar and answer
% the chrge made against him
NV this court for contempt Of court
FOR refusing to deliver the prisoners Ia the
Pollard case to Sheriff cardoza. Of Lu-
nenburg county, on mis- order
Sergeant Epps. then being sworn stated
that his reasons for not delivering the
,..,so,..re 10 Sheriff Cordoz was on ac-
count of a writ of habcas corpus ISSUED
bv Judge Woulord's court When asked
b, Afr Nehlett If he refused To uei'V'
tbo prisoners on am order from the "vF
.r,or Afr Erps stated chat he dld not
toId tbe prisoners ON account Of any
.r5rr from Governor O'Fcual, but
r,t.f,ed the prisoners i'm his custody un-
t.rs direct writ Of habcas corpus from
b,lrc wexford" and, addressing Judge
Orgain said.
MEANT 80 CONTEMPT.
.t certainly meant no contempt Of his
Honor S court
sberin cnrdoza was then called to the
stsnd. and stated that as well as he co'lu
reoouect when he asked Sergeant tspp7
Tor the prisoners. Mr.. Epps refused on
account of a restraining order from ""E-
sruor D'Ecrrall -,
inst here captain Epps asked 10 pe
recognized. and hc reminded MT. tai"o@"
that early on the morning on 1le wv q,
tpa hotel I'm Richmond. he OEppsj showed
Sir. Carloza his writ ana also Il si'''''"'
one for Mr.. Cardoza.
Mr.. Cardoza said he did not remember
now. but would not deny Captain Lpp5
statement -.
An necessary evidence having been
Given I'm. Mir. Ncblett, addressing the
Court said. "I regret very much this
duty of prosecuting an officer OF our Com
rnonwcalth, hut Will ask your Honor not
10 imprison Mr.. Epps but VIII insist upon
"A fine being imposed upon him 1 40 NOT
b,ame Sergeant Epps. for if L had been
III.IU lfl inc rnll' iN"iAi'" Ntff'' tt
Voula have acted AS he did, nut ne ls
e,niltv of contempt of court, and l wish
to show to this broad land OF ours the
tesIilt of executive interference with the
judiciary" ,....
Mr.. Nehlctt made strong and eloquent
spsecb in defence of his court, ana III
sisted that no imprisonment but IL hne
somewhere between the sinahtsl anu
largest amount bc imposed on captain
Epps. ,.. a., .,.,e
lis rainful duty. hut. with all due cour-
tesv TO Captain Epps he had 10 impose
i,pon him The small sum of twenty-five
dollars.
PAID Ills FINE.
captain Epps very promptly handed the
clerk of the court the amount OF the Ihe'
and was bidding Judgc organ q NeIS
friendly and cordial goodbye. when MI
r. zen addressed the Court, voluntarily
stating that he had watched ana hsleheu
TO ALI the proceedings in the Lpps con-
tempt case. and never before had he seen
SD much courtesy extended eacn olhet a9
was here manifested by his Honor Com
monWealths Attorney Nepieu' ana S''
p.ant Fuus. and now That the Court hdH
,...nteJ IFS duty with so much dignity,
ANA yindilatel itself in the eyes OF the
tYhlc. and Sergeant Epps has so Wiling
Il, and pramptly pad the required ine, ne
asked that the Court remit TO 'aPI"l"
Fnps the fine paid. as in refundlns TINS
fnr 10 would NOT effect the eNctntoh oi
the Courts duty.
csntatu Eups who had gotten his re
ccipt from the clerk of the court lot 'ne
frs imposel. before Mr. Bell had con-
,I,ded Ills -peech turned to Mr.. Bel and
thanked him Tor his Kindness, ana lelt
Serv hurrledly. in order TO reach luch-
mond Tonight
.fndre Oaeain. however. refused Mr.
Beu's plea in behalf OF Mr.. EpDs.
NUNC PRO TUNC.
Al the conclusion and dismissal OF th'
t.,.,,s case. NIr. Ncblctt stated to the
gelrt chat he had expected TO make d
motion for "a nunc pro timc order AT 'hi'
term Of the court. correcting inc RECORD
IL, fbc late Pollard murder trni. but th'
.h4enco OF the prisoners. on account o'
th. Interference and usurpation of power
bv Governor O'Forall and the 'ircnl
,ourt Of the city of Richmond, Woui'
compel him To refrain from making any
such motion TOW, or az any time "hei
the prisoners are absent.
bdee Flournoy, Who was the only la"
ver present on behalf of Mary Aher
1sfhav and Pokcy Barnes. was asked
bv the Court if be wished 20 make any
motion or remarks. The Judge replied
in The negative. adding that he was op
posed To- the uunc pro tune motion.
judge Oieain then stated that ne nae
read and studied the law very carefully
and was more certain than ever thai
the presence Of the prisoners was ncces
sary when any motion in d criminal pro
ccodine had 90 be made. and he Wouo
not allow any order 20 be entered IN th'
absence of the prisoners.
Judge organ then adjourncr cour'
tin the second Monday IN December.
Sergeant Epns made a very good I'M
preston on the officials Of Iunenbura
Court.
BITTER FEELING.
Very bittor feeling exists against Gov
ernor O'Ferrail. on account OF his ACTOR
i'm interfering with Lunenburg Court
judge Mann was not al lunenburg Cour
so-day. Thci feeling and opinions ol
many OF the citizens OF Luncnburg maA
be shown by the following expressions
from different people az the Courthouse.
Il wish 4 had my way WIN Governor
O'Ferrall-he would be hanging out here
on the gallows built for Marable."
'sThe id newspapers and their re
portcrs are responsible for all this trou
BILE"
..Alessrs r1ournoy. Wise. and Gnigoi
u,st be working in mysterious ways
their wonders 20 perform
~ don't understand why the Suprem'
49,