The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-23
sunrcmc Courts Action.

p. Immediately after the ANNOUNCEMENT OF
| the decision of Judge WeliIoid, hr' Iri-
| gon OF counsel for the prisoners. mas mas
| tened over to the Court Of Appelis WIN VIZ,
| the amended Ictitcns or tnv ~. ~ 49,,
| for an enlargement OF the NIi.s III - eiar,,
| ard supcrsedcas when mas Dte4 i az "ioIs Us
| COntendcd for by the counsei. in,Ss ~.
| titions had been signed and sworn 70
| few moments IN advance n the 1Icute
| Courts decision 1ney were hdiir,' ~ 50
| Judge keith, who was lnioiinc9 oi 80 r,
| action OF he Circuit Court, ana IL w.
| urged that the court give the pot'otnn ~
| immediate consideration, es lt VS., w. ,h.
| purpose OF Sheriff Cardoza 10 ittNe on ~ ~
| 1855 train with the prisoners 20 tild, 'iiSs
| interference of the Court OF Appears, II
| any was made. would have 10 % ill.i,,' ill.',
| diate 10 be effective. This occurred
''9m Shorty after ioso Judge Keith entered
/ the clerks Office and stated 10 the cleih
| and Judge Fl0urnoy who was IA IN a. a.
tendance. that the court hdd ueJ,u'n 49, cor
| enlarge the writs Of error ana Iahe % vi.
| troll of the prisoners lie ~ lhc sthI.e
! time directed Mr.. Taylor the cltiN,, ~ "
/ prepare The necessary ora IT. Av ne nc
| tIov CoulI be promptly served On ShtIll
| Cardoza and Sergeant Epps IN order 10
\ be effective. Whei tie court toiF'ntt
| at II o'clock, Judge keith announce tn.
| decision Of the court ana stdiet lndl
| Judges Rely and Bu'hnnan ulsa ~
4 from the majority. Judge kelth suLse-
| ouentlv suggested from the nench lhat
/ the counsel for the Commonwealth inisnt
proceed 10 Lunenburg and nave *nSn .a or Vi-
| dcrs entered rune pro tune rs .,rnfc "
/ gain nfght consent 90, 1nd stiiHh l'at we
| admissibility Of those orders couin nt
argue on the hearing ncNt 'nesiat, ana
! hi tho court should be of the opinion,
| after arlIifhent. that tho County Court on
/ Irucnburg had authority 10 enter sara
/ orders. and that they were maleIlh il
! fho consilerafion Of the application Tor
| "a nov, fri4l and that they could only
| properly be- entered in the presence OF
! The prisoners. then IN such case l,e
/ court might order the prisoners 10 pc
! rrrri-a 10 the 1MncnbnrG toufih'nse ioF
! thlt puICfe.
THE PETITIONS.
.rbe netitions submitted 70 the Supreme
| Court ol Appeals hy Mr. 'ulgon were
/ three iu number, one for ea,h prisoner
! and their contents were ldchuca, WIZ
! thc exception Of the direct itlcIciilOr 10 ~
| the respective individuals. The folioMlhB
| ia a cory Of ine petition presented on
| behalf Of pokoy Barnes. Sc
! 10 the Honorable Judges OF tut. 90
pr,mc Court OF Appeals OF Virginia.
| Your petitioner. IOkey Barnes, itApt, -
! fully represents that she is neiu IN utSS
| custody of the sergeant OF lnc elll D
/ Richmond under q sentence ana JuHbil'.t'
/ of the County Court of LuncnDufg couh,
/ ty. Va. as viii appear by the recoIp
/ of said sentence ana judgment 10" 10" 49,
! ug ON the docket OF thls hohoi M Ma,,ie
| Court. which record your pehuoher j"
may bc made and considered ltIt ~,
! this petition. together with ner peuluii
/ for "a writ Of error on said record, anu
| nff documents and statements contain
| ed in said last-named peuii0n' anu We
! various orders entered by inns hohoi "ilr
! court on the said proceeding lh tIlvi' ''.
| fully as il an Of tne same oI1 and
I out in this petition The SAID record ailh
| petitiOn ana orders are in the case Ol ,ie
! commonwealth of Virginia against "-
! key Barnes on an indictmtul IoI 'n0
! murder of Mrs Lucy Jane Pollard.
| By an inspection OF said papers, 'o',t
! taiucl i'm said petition ana record, ~
/ viii appear that the AUTHORITIES vl - i---
| peuhnfg county believed that until your
netitioner was ordered 20 the jail Of the
! city of Richmond by the County CouIl
! of Tuncnhurg for Sifc-keernB' your
! petitioner was in great danger OF p.
| ing seized and summary tAtcu'ru -.
1 mob without process Of law, ana tne
/ said court was so appreheusiVe OF thls
/ result that the Governor was it4utSs'I
to keep your petitioner SURROUNDED pl
/ military guard. until she was 9rpoI''u
| from said county. and this was done.
| Within the past few days the County
/ Court Of lunenburg mas maze az 1dicfb 11iob
| mOnl deliver your petitioner 10 inc sucl,h
! Of the county Of LunenourE. tnal A'
/ may take her TO Lunenpurg 'pnI mus.
/ in order that the Judge OF fdll county
/ Court NAV make an order, nNnc pro luN',
/ amending the record of the sentence alI
/ ii dgment pronounced against hcr Sdl'
order is set out in the petition Oh NJ, '
/ Cardoza. sheriff of Luncnpuig couhty,
AGAINST c. IT, Epps, scieeant OF the clly
/ of Richmond for mandamus COM
manding the said Epps, 10 deliver your
! pctitoncr 10 said Card0za under sald
! order. in the records az This court the
! papers in which proceedings are hereby
| made part of this petition.
! Your petitioner further shows that ll'
/ Hon b. r.. Wexford, .lr., judge of the
/ Circuit Court Of tho city or lschnoHu,
! has dismissed your petitioner ptlliVh
| for "a writ of haltas corpus, Mhich Ia
set ont and described n said mandainu7
! proceeding. and Las rtm0ndeu your p'-
/ iifioucg 10 the custody cI the sel9eehl "l
| the city of Richmond, VINO Is about 70
/ deliver her 20 the sheriff OF lunchnuis
| county under said order. f, indeed, IL is
/ NOT actually done before this pciltoh
| reaches your Honor
! Your petitioner SHOWS that she believes,
j and has good reason for believing, that Ut
! she is taken back TO LuncnnuiE county
! by said sheriff without an adequate mlii-
.tary guard, she VIII Doe seized ana sum
| marily executed without process oi law
/ by said mob. ana the said shtrlm pro.
/ Claims and declares publicly that he VII
! not request the Governor 10 send "a MILL
! tary guard With your peuuonei, Dul' on
I tke contrary. protests against ihe ailn''
! and your petitioner is informed and be-
/ neves that the Governor viii not order
! military guard upon his own motion ana
/ against the sherns protest. Your pc
! uuouer is advised that sald County Court
! of Lunenburg has 10 jurisdiction TO make
! the order nunc pro tune. when u seeks
! TO make. ana that your prisoners person
|
| tnas honirable court and that this hon
oIable court will not permit your petition
| cr TO be dcpOrtcd hence 70 LuneuDuIs
/ county without some valid reason there
! for. which does not exist. and in no event,
! while there IS the existing danger. if not
! certainty that she viii le lynched.
/ in tender consideration whereof YOUR
I petitioner prays that this honorable
/ court VIII enlarge the writ of error and
/ supersedCas already granted 90 her so
as to forbid the said Charles II. Epps.
/ Sergeant of the city of Richmond TO de-
! liver your petitioner 10 the said VI. q.
/ CardOza. sheriff of lunenhurg county.
| and so as 30 forbid the said NJ. G. Car
! doza sheriff, as aforesaid, who is now
! Am tho city of Richmond. from taking
your petitioner out of said citr, If she
/ has been already delivered 10 him. and
/ SO as 10 command him 10 return hcr 10
! the custody OF said SergeaN' of the city
/ of Richmond. IN she has already heen
/ delivered to the said CardOza, and SO as
I 10 command said Sergeant Of the city OF
| Richmond To hold her until the further
| order of this honorable court
And your petitioner Will ever pray,
etc.
POKEV <. BARNES.
mark.
Wise 6 wise
| II. w. Flournoy, p. q.
A Il. GuigOn.
Subscribed and sworn 10 before me, in
the city Of Richmond, this &2d day Of
-No'''''''' +. NJ. KOWELLE.
Clerk Circuit Court Of the city Of Rich
n v.m ho observed that these petitions