Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-16
mandamus replacing these prisoners
where they were prior to the order Of
the Circuit Court"
THE ORNEY-GENERAL'S POSI-
IIDN

't'hs Nt'tt lilNNFl4 dtdit 'hoA
no personalities can enter into the con-
test The fight Is waged on the one side
10y The Sheriff, the representative Of a
Judge on whose shoulders rests the er-
mine. and on the other side by myself"
The Attorney-General contendol that
Judge Wellford's court rad general juris-
diction under the Constitution and laws.
and part Of It's jurisdiction in a proper
case was 10 grant the writ OF h0bsas cor
pus. This high writ had for its object the
protection of the citizens life. Had he
not used IL for this purpose? Was not the
cause that moved him danger to human
lie II the Courts mandate was obeyed?
II think 20, and his use of this great
writ was to protect Marable, PoFey
Barnes and Mary Abernathy from law
less mob. LOOK TO the record hied with
the transcript Of proceedings had before
the Circuit Court. and read there that
when these cOnvicts were tried al the
close % last July, In the County Court OF
Lunenbure. Judge Orgain. his Common
wealth's Attorney. and Sheriff Car1oza.
the petitioner here. called for military aiG
ia order that the trial might proceed, ana
mob violence be prevented.
Il call this courts attention to this
fact There Is no proof before ii that IN
the fcw brief months That have inter'en-
ed there has been any change IN the
condition Of feeling among the people or
Iuncnhurc; nor has the excitement 40
far as we know. abated. II there was
danger then--and there was danger be-
yond all doubt-that danger exists To-
day. and yet the petitioner asks that
these convicts shall be delivered TO hin'
ATTEMPT TO AVOID APPEAL.
tI contend" said Major Scott. that
this writ cannot he issued. because ~ Is
as an attempt t5 avoid on appeal ana 10
correct the error of Judge by award
ing the writ OF mandamus agains, ms
taller and that too. by one of the parties
10 the controversy before him bouhd ny
his order and decree. To me- II seems
that this proceeding upon Mr.. chrio@a
part. is in contempt Of the Circuit Court
Of this city" The Attorney-GeHeThl con-
tended In support of the answer Hlhhe ~
Sergeant Epps. as keeper of the city Jali'
To- the petition Of the Sheriff oi Luueh-
burg. that each and every proposition
made was proper ana legal mat the
Governor. as the Executive Of the state
satisfied that the process OF the court
commanding the presence Of persons
subject TO its jurisdiction ana oIHei'
executed. would result In the death OF
the litieants had right 10 lnteriere'
that this was all the Governor had dohe'
that hc had done II at his the Attorney
Generals) advice, and that IL hdu "eeh
done courteously and consideratey' da
was proved by his letter sent hy speclai
messenger TO Judge Orgain. and by the
character and very terms OF ms order 10
Sergeant Epps II this power, sald
Major scott. "be not in the Governor
under the Constitution and laws OF thls
Commonwealth. then in cases hhe 'lis.
verify believing that the conVlcuS' il
taken to the county Of Lunenbuis' as re-
auired by Judge Orgain, would 20 10
certain death. he must stand by ana
permit their murder.
No GUARANTEE.
mir. Southal" the speaker continues,
"said that ne was satishcd hol nan
Of the conVicts heads would De haIh''u,
Of course he believed it; but who coulh
guarantee their safety? NO one !"
Nr Southalrs own county Amella'.
Jesse Mitchell, negro. who had obtained
from this court new trial. was taken
ON and hung without warrant OF Jaw.
In the county of NOttOWaN, Whlie thc
errnine was worn by Judge Mann VINO
will conclude this case. there was IKE
violation of law and order With such
precedents TO guide him. II Is clear inc
covernor acted wisely and well.
Iudqe Mann corrected the Attorney
General. and stated that two we're
lvnched I'm Nottoway during his judicial
administration
Major Scott contended that over the
ca ses in which the Supreme Court grant
ed writs of error after the Writs were
Granted. the County Court of Lunenburg
had no power. and Ia them coull make
no other As the cases then stood. theY
must remain untouched until the con-
troversv between the COnVicts ana the
Comnouwealth was determined and set
ned by the Supreme Court. That when
the trial ended PDkey Barnes ana
fhe other ConVicts Aore remanded 10
the custody Of the tliler Of this city
bv order Of the County Court OF l-u-
nenburg, there to remain until returned
IN that county TO be executed. ana
delivered by the petitioner to sergeant
Tpps. This was their status when the
writs of error were allowed by the Su-
preme Court and this status must re-
main until the cases are decided.
..Ry the mandate OF this court. ne
continued. "the petitioner IS command
ed 10 do no act and TO suffer no act
"a be done affecting the convicts untl
their cases are here finally adjudcated.
Vet by this petition he seeks 10 take
their bodies and carry them before Judge
organ. that an ended controversy may
he reopened and new orders entered IN
a case pending before your hOnors. This
cannot he done by any process known
To me. As the tree falls. so must 1t lie.
There can bc no change in records, no
nrocess IN cases pending upon appeal in
This court. issued by trial courts. How
ever viewed, | submit the writ prayed
for must be denied"
JUDGE MANN'S ARGUMENT
When Major Scott took his seat Judge
Mann arose and made the concluding ar
cument on behalf Of the petitioner. May
il nlease your Honors." he began. in
OF this case. or rather
before we 20 into the consideration Of
II would he glad TO endorse what my
associate has said in regard To personali-
lies. / have the highest regard for the
Governor and for the Judge of tie cir
cult Court. who, IL he has erred, has
done go in judgment, and not in intent.
I feel assured ! may have 10 use some
strong language in the course OF my
but | wish now to disclaim
any intent TO be personal
I'VE are to-day discussing the most
i,n,,nrtant question ever presented To
this Court. This Is the first time In the
history Of this Commonwealth that the
executive has laid hand on the judiciary
The question for us TO discuss. Is not
,be safety of the prisoners but whether
or moi the Lunenburg Court has amy
tights I contend that the Governor had
no rieht 10 interfere with the order OF
Tudqe organ. II he did. then the foun-
aation stones on which this government
he bui,t has been disrupted and destroy
ed The question for this honorable
court TO determine IS whether or not
the government ie in danger by the pro-
coedings which have been carried on III
Ri,hmond during the last twenty or
thirty DAYS. II the Executive can stop
Judge Orgain's orders and hold them up
a, his will and pleasure what Is TO pre-
vent him from doing the same WIN inc
of this Court. Why can't he
decide that this Court cannot make or
doris aud stard between YOU and the
,..,,. 1oc,.aop Spppocp thar