Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-14
NOT YET, MR,CARDOZA
Other Stumblins-BlockS Thrown in the
Way Of Lunsnburs'S Sheriff.
ARE STILL HERE.
.Judre Wexford VIII Hold Narab'e,
Pokey inrncs. md Mary Aberna-
,,,, ,n,tber Week.. aud Major
LYNN VIII Not Let Mary Barnes Go.


will auparently meet with no better sue
cess on this last trip OF HE for the pri-
soners In the Pollard murder case than be
did when here last week.
He has done everything in his power
TO secure the murderers; he has applied
for them at the Jail; he has asked for
Mary Barnes at the penitentiary, and he
has Zone into court with counsel to fight
,noyements looking to retaining the pri-
soners here. but in each move he has
been checkmated, ana thus far his ef-
forts have resulted in naught.
The Sheriff is stlll I'm the city, and
stated yesterday that he did not purpose
leaving here until he took his prisoners
with him, He has turned his rule for
Sergeant Epps over TO Sheriff John T.
Hughes for service, but at last reports
Sergeant Epps had not seen IT, Mr. Car
doza called on the City Sergeant at his
home yesterday afternoon, but nothing
of any interest traDspired between them.
Sergeant Epps has not yet gone to Iu-
neuburg. and there IS grave doubt of his
going at all.
IL is certain that the murderers viii not
90 for some little time at least. So far
as Mary Abernatny Aarable, and Pokey
Barnes are concerned. the Circuit Court
Of Richmond has issued an order TO the
City Sergeant 10 hold them until next
Wednesday. Major Lynn viii not let
Mary Barnes go. either. FOR some time.
He called on the Attorney-General yes
I, rday morning. and had a long confer
ence with him. as a result OF which he
WAS instructed 70 do nothing until fur
ther orders The writ of habeas corpus
for Mary Barnes Is not at all regular.
and the Attorney General is of the opin-
ion that it Is not competent TO take her
out of prison II is understood that he
contends that the woman is civilly dead,
ana that 40 court save the Supreme
Court. has the power to resurrect her to
civil life. or i'm other words To take her
from prison. lie has written 10 Judge
Oreain. giving him his opinion as t. the
wit for Mary Barnes and until some
thing is heard from Lunenburg's Judge
Mary will continue within the penten-
tiary.
The Habrns Corpus Proceedings.
The Circuit Court presented most
unusual scene yesterday at 1 O'clock.
when Judge Wexford ascended the bench
for the purpose of hearing argument as
to the writ OF error granted by him In
the Lunenburg case last saturday. The
courtroom was crowded with an eager
throng who had gathered for the purpose
Of satisfying their morbid curiosity with
a view of the celebrated negro mTrdcrers.
II was shortly before l O'Clock when
Deputies Ferney hough. Weisiser, ana Hill
entered the courtroom with the prisoners.
William Henry alias Solomon Maroble,
Mary Abernathy. ana POkey Barnes.
Marable was shackled. but the women
were not. They were all given seats with
i'm the rallied incosure FOR the iawyefs'
and apparently paid strict attention to the
arguments OF the lawyers.
Judge wexford aecended the bench
shortly after the arrival OF the prisoners.
and announced that he was ready 20 hear
argument Of counsel M n. VI. smith,
.Jr.. first addressed the Court, and aiter
stating that he APPEARED for Chy-ser-
geant Charles II. Epps, he SAID ne hai
produced the bodies oi the prisoners ~
court and thu during the PROCEEDINGS
he would show the return on the Writ
served on Sergeant kpps.
WANTED THE WRIT ENLARGED.
Captaln Guigon advised the Court that
Nr r.. g. Southall. OF counsel Tor the
prosecution. WAS ia court. ana mat Ne
desired that a recess be taken until Judge
Mann. his associate. who was N TIE
city. could be communicated with. Ihe
Court agreed TO wait and during the
interim Captain GuigOn stated that he
uurposed moving FOR an enlargement oi
the writ Of habcas corpus granted Nv the
Circrit Court until next Wednesday.
JuJga Mann reached the COURTROOM
about $50 o'clock. and the case was taken
nm Captain Guigon then made his mo-
tion for enlargement He set iorth mat
no injury could result TO any one from
IN. DELAY and that the supreme Court
was now considering the enlargement ot
its writs. and the prisoners ought To ne
held until that tribunal rcached u cS-
Cision. .,
Mr.. Southall objected TO any delay ana
e,id thai If the case was pos tponed IL
,ro,,la orerat. 40 defeat the ends of jus
ticc,as motion was now pending IN 'HV
County Court OF Lunenburg. which IL was
necessary should he decided one way or
apother before the Supreme Court TOOK
action i'm the cas- Of the PRISONERS. lie
conterde1 that. while the prisoners were
actually In the custody OF the City Ser
geant. they were legally IN the custody
of the sheriff of LunenburS.
Judge Mann followed Mr.. Southall' anu
also opposed the motion. He asserted
maj a habeas corpus was issued only for
A
sneedy trial. or TO aid them when they
were beine Illegally detained. He, there
fore argued that the writ which was
Granted by Judge Wexford should never
have been issued. He read the petitlon
of counsel on which the writ was issued
and. after dissecting II and discussing ~
bv piecemeaI. asserted that there was
not one thin., IN the petition which would
i,stifv the granting of a writ of habeas
~. ttFtf should
b,. dismissed. and said that. while ne
had no idea that the prisoners would be
ivnched II they were taken to Lunrn-
Lury he was advised that the Governor
nurposed sending troops with them, and
surrounding them with bayonets FOR their
,,ro,ection In the event that the sol
diers didn't 40. the people OF Lunenburg
Judge Mann said, would provide a guard
sor the prisoners from among their
best citizens, ana ~ouiu stahe uieIr
honor that they would be safe. Judge
Mann coutended that the action OF Judge
Wexford If he granted the motion of
enlargement would simply prohibit the
hearing OF the uunc-pro-tunc motion be-
fore the case came up in the supreme
Court. In conclusion. Judge Mann said
he wanted only to see that everything
i'm the case was fair, and that ne had no
disposition to deal unfairly with the ne
THE SENTENCE A FARCE
udge Flournoy replied TO Judge Mann,
and characterized the passing Of a sem
renee of death In the temple Of justice in
The nresence of armed men as farce. and
as calculated TO uproot all law and jus
,ice He contended that the records Of
,ha case after the death-sentence had
been pronounced passed out OF the hands
of the Lunenburg Court, and Judge Or
gain hadn't the right to amend them.
.srhe idea prevails" said Judge Flournoy.
chat We have asked this court to do an
unlawful thing in the enlargement Of this
writ. and that our object is to defeat the !
,nds ~ Justice Now, | contend. with T,