Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-12-13
TO HAVE NEW TRIALS
SrOrsms Court So Decides in Cases Ol
LuneUburs MurdererS.
RuT ONE POINT SUSTAINED.
Us,srt in Not Showing That Jury Were
in Sherlil'S Care.
,ATE no AMEND RECORD.
shonid Have Been Done Before
- Term Endcd-o"estio" OF
,gc of Venue with Lower Court
~ Rtciy'x Dissenting Views
BuI ONE POINT SUSTAINED.
.oo LATE no AMEND RECORD.

,t.tiian Henry ail@S SO'O'
,. Mary Abernathy. ana foNeS
tho negroes convicted OF the 'nur-
h''', Mrs Lucy Jane Pollard at her
Der ,ho county of Lunenburg-are to
have new trials ,unoo,.
h-'' .,a.a ,he supreme Court Of Appeals
, virginia at li:27 O'Clock yes'e'u"S
ING an an able and exhaustive opin-
,,rsnared and read by Judge boeh-
while the result OF the nearing
".''' .i.s NJ error by that tribunal was
OF civ a surprise. but few OF the
N' .,,hsrs of the bar present when
il'''' ,,,on was read had expected that
'l' "a T., 60 far into the technicalities
None of the counsel for the
-..,,ers were on hand. Captain George
wise and Judge Flournoy were
ed in another matter at the 'ine'
"a contain Guigon was out OF the c''y.
vhus the convicted murderers receive"
.s ,,,rh eladness the news that they
40 he given another trial, they also
.e.,,oa sadly when Informed that the
-. If the action OF the Supreme Court
.r,s that they would have to De taken
heel, 10 Lunenburg county
Tho Court OF Appeals determined inns
-..,.,ion very nicely In its decision II
s,rs absolutely nothing about a chanse
- vsnue at this time; and now' Il an
.,,l,satlon for a change in the place OF
.,i is N be made at all. II must DE
.5. before the Judge OF the County
,,.,-t ~ I.unenburg. and according to the
ha priGOneFS must
b. there .,~,,,,
EFFORTS TO KEEP THEM Hhhh'
Tbere has been long and determined
spbt on the part Of the counsel. the Gov
,-,or and the courts, in the matter OF
-, ,he negroes here; but it now
snnears that the question Is at an emu.
Tbe Court of Appeals in its opinion Went
slsborately into the subject Oh te
orders nunc pro tune. ii heio thd'
.sr,,ch as the record was not amehoeu
80 the term of the court. ii cannot
now be amended, and that II Is esse".su .r
,bst the record should show that ths
t,riss were placed in the custody oil the
nroner officer upon adjournment OF Vne
court each day and so Kept oy suci ol
6cer untn the reconvening OF the court
on the following day etc. ,.,s
nudge John W. Rely dissented IN TINS
respect. taking the ground that this was
not a necessary part OF the record
Clerk Taylor will prepare the record
fo~ the lower court. and certiy
- in a few DAYS. As yet none OF the
counsel In The cases know when they VIII
bs heard or when the prisoners VIII DE
taken back to Lunenburg.
Opipicn of the Court.
The opinion read by Judge Buchanan
,-as in the case of POkey Barnes, put
srnlied also to the cases Of Solomon Mar
abie and Mary Alternately. Here Is the
decision in full: 1.
The first question 10 be disposed Oh u
the motion of the Attorney-Geneta anu
his associates in behalf of the common
,rsaith 10 have the decision of this case
mon the merits postponed until Inc
county Court shall have amended the
cord of this case in that court so as
70 make 1t show;
THAT sixteen jurors. free from ex-
csption. we're selected for the trial Of 'he
accused. 20 ,ho
court the Jury trying the case at the
bar were put in the custody OF the SherHl'
Who was duly sworn. as required by law
and that they were each morning re-
turned into court in the custody OF the
gberin. according to the order of adjourn
ment -.
That whenever the jurors went
10 their room 10 consider their verdlct
they were put in the custody OF the Shelii,
who carried them TO their room anu
refurned them in his custody into court.
That before delivering their verdict
the Jurors we're polled, as required by
law. .
The amendments which the Attorney
General desires TO have made IN the re-
cord n is claimed are based on the per-
sonal knowledge Of the Judge, ana the
records Of the court as they now stano,
and that all the orders which IL sousht
10 have entered TO amend the record In
the particulars named were made curing
the trial OF the case. and That the oie,A
was then directed to enter them on 'he
order-books OF the court, but by mistake
failed 70 do so.
TOO LATE TO AMEND.
The rule at common law is that during
the term wherein any judicial act is done
the record remains I'm the breast OF the
Judges Of the court and in their remem-
brance: and therefore the roll is alteraole
during the term as the judges shall direct;
but when the term is past then the
record Is In the roll, and admits OF no
alteration. averment. or proof to the con-
trary Thos Coke Lit, 523. as quoted
IN Rob. Pr. (Old Ed. 6Ss; Bunting VS.
NNl40f - hldtts Rd6t A''T''@' "
ston VS. Giles. Id. at page 534; Cawood .
case. Va. Cases 5H-545.
u has been correctly observed that the
Judge during the term. Is a living re-
cord, and therefore that during that pc
Rod u time he may alter and supply
from his own memory any order, juds-
ment or decree. which has been pro-
nounced. ana this because having mace
them himself he Is presumed TO retain them
a. his rfroIlarffon tpf a common law.
after the term has elapsed, the judge
has no such power, because II is sup
posed there will be a period at which d
Judge viii cease 10 retain In his memory
ihe things which have been ordered ana
adludged, and that period, 1t is well-con-
ceived may be the end Of the term, as
be- will then be apt 10 dismiss from his
thoughts the things which have been pre-
v.0usly passing In them. IL Is IN
deed very delicate power. and might be
subject 10 much abuse. especially In criml-
nal cases. II the extent TO which II
might be carried was not well defined
and properly checked by law. Noto to
Arch CT. III. and Pr; p. 5y2 Pomeroy
sih Ed.
AZ an early day in this State statutes
we're enacted for the purpose OF COMPEL
ing the courts 70 keep their records
accurately. and 20 provide how records
in certain cases might be amended. Ths
statute now IN force upon the subject oil
Keeping such records. provides that;
The proceedings OF every court shsll
be entered IN book and read In open
court by the Clerk thereof. The pro-
ceedlngs Of each day shall be drawn w
at large. and read during that term, ex'
eept those OF the last day Of the term
which shall be drawn up and read 'hf
same day. After being corrected where
p b necessary the records shall be signed
BY the presiding Judge" Section 3lif'