Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-11-16

troops to escort the prisoners, and de-
clared that the Governor had no right
TO send them unless he did ask for
them.
His intentions were perfectly appar-
ent. The alleged necessity for the
presence of the prisoners in the Coun-
| ty Court OF Lunenburg was the appli-
cation by Judge Mann, who had been
| employed by the Board OF Supervisors
to assist the Attorney General for an
order nunc pro tune.
This was a confession that the court
record of the case was fatally defec-
| tive, and although certified copy had
been forwarded to the Supreme Court
OF Appeals, it was intended to correct
the errors in this record and substi-
| tute the corrected one for the other
that had been previously sent up.
| This was a desperate effort to mend
THEFT hold"
JUDGE MANN's PREDIcAMBNT.
Judge Mann, however had placed
himself in very embarrassing predic-
ament inasmuch as in his anxiety he
had failed to consult with the Attor-
| ney-General, his senior in the case,
and the proceedings were being pro-
ceeded with, without his consent. 1t
was mischievous meddling with the
duties of Attorney General r. Taylor
Scott.
The result is soon told. Attorney
General Scott declared the presence
of the prisoners at Lunenburg @. H.
was unnecessary, inasmuch as they
had waived their right to be present
Gov. O'Ferrall, who was preparing tC
send two companies of troops with
them, later instructed City Sergeant
Epps not to deliver them to the sheriff
Editor Mitchell, Rev. w. +. Graham
and Rev. r. IL. Bowling called on the
counsel for the women, Saturday 9tl
inst. They were poring over the law
In the meantime, Hon. George ID
| Wise and Judge III. w. Flournoy
counsel for the women and VIM. M
Justis, Jr., Esq counsel for Marabl'
secured from Judge Wellford a writ o
habeas corpus, restraining City Ser
geant Epps from delivering the pris
Oners and restraining Sheriff Cardoz
from receiving them
Despite all this one of the most trae
ic scenes ever enacted took place Sun
day morning, November 10th.
Editor John Mitchell, Jr,, had gon
to the jail early that morning Tn
pleasant statement from the jaile
i. that the prisoners would not go to LII
% nenburg that day was received wit
satisfaction.
Solomon Marable was called and al
peared at the barred gate inside {
n the Jail. A smile beamed on his couT
Il tenance when be was informed that h
would not be carried to LunenbuI
county. He is now much youngS
!, looking than he was when he tiri
Il came to this city. He wore the beaC
. ed chain Of the Roman CathOl
y Church and suspended from the Gel
u tre was the cross. He had not hear
from his wife since.
THE oITY sEReEANT's POSITION.
Going upstairs we were soon in IL
" office Of the City Sergeant, CAPITA
y Charles H Epps. He was seated, GA
/ ing into the fire. The rain was falliI
IN on the outside. Captain Epps has
n military caste of cOuntenance and
d fully six feet in height.
"a He greeted us and we discussed Il
}. situation. "Yes," he said, ST have +
ly ceived orders from the Governor
l. hold these prisoners and also VIZ
IS They cannot go. / would like much
serve the gentlemen from Lunenbu
lis County but / cannot obey two ms
.ls ters. when one tells me to go up {
hill and the other tells me &c 20 de-
is If they gave the same order cou
to accommodate them"
rg Looking through the open door EC
,5' | tor Mitchell saw Mary Abernathy a.
to Pokey Barnes coming across the j
he "bridge" or porch. They entered
NO Sergeant's Office. Smiles shown
their countenances when they saw
editor. They expressed themselves
feeling we'll. They were very nea
no attired Sunday fashion) and Pok
mt was looking unusually attractive.
'or yet both stood in the shadow