The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-14

County Court OF Lhheiiooih rsron.rs
the penalty OF death upon tne ihi9ptI'.'ih,
,b.,, tbe latter passed out OF the naius
OF that court, as far as the Ieto', 49,
concerned. They were supseq. 10y and
to the Supreme Court OF hpp'ai9 .'' 90
a writ of error anu sup spS ,o-dav thew
are awaiting the final judBm ny oi '.e
supreme Court OF Appeals, Whlch - W
determine whether they shai nave "
NH rbere r,'', seems To- prevail an idea that
counsel Of fho prisoners asked this court
and persuaded - 10 90 all uiil"" ~ ~.
thing by issuing this Orner. i cl"iii ~ In. IN,
the presence of the prisoners Is 10.
necessa. y for the entering ~ ,,,,rs, az me
by The County Court OF LunenDuis. lne ,s
record of the Supreme Court OF Appears
forms part OF the peuuon' anu az .i.o
time when the WIT or error tiirI SupN ~,
sedeas was granted, the prlsoneTs W.
LEGALLY and actually in custody OF tlle
rfty Seroeant | am not talking about
The Iuuenburg people as being ihWiesS
peonle but upon the statement OF the
County Court of Lunenpuig, lne ON
monwealth-Attorney, anu ana .ne there Iarh are re-
enough lawless people in that county VINO
,could take the lives Of the prisoners, III
they were not properly protected. .,
The unusual proceedings coiliheiieeu
side TO amend the records. We are ask
inc for the law: we have not asked 10
bave the movers Of a writ OF supersedeas
enlarged But thu Supreme court OF
Appeals says I'VE VIII give you an ~ Vppv,
tunity 10 prepare an argument on tnae
question" We want the lives OF these
peooie protected. and the very proposition
upon which We asked TINS coure Ii Iol az
order l. pending an9iy anoWi saws III that ne or
der is not to be enlarged we shall 10
ioreer ask this court here TO continue the
order.
THE COURT s DKCIsION'
This ended the argument, and the Court,
I'm rendering its opinion, spoke supsiaH-
Nn one appreciates more the extreme
care which every Judge should exercise
in rendering q decision, cspecldly III
complicated cases and no one appreciates
more the value Of "A writ OF naDeas cor
nus and It's true object and function tnan
this court. Ii Is a great writ Tor the pro
lection OF life. The court KNOWS OF no
case where there was a grealeI appIcliie,,i- ~
sion for life than in the one reieIIeu 10
in This petitiOn. If IL was true that thcse
narfies have been in danger of their iiVes
while being tried In the County court OF
Iunenburg, then there was reason 10 az
,,rabend that this danger might occur
again. | feel satisfied at this time tnat
ii is not only my right hut INV duty 10
enlarge the order. lne Wnt svls Vut 'nae
the prisoners are kept here awaiting lne
decision Of the Supreme Court OF Appedls'
and Il is claimed that under the decision
OF that court which granted the WITT 1i
error and supersedeas the prisoners shvuI1
remain where they are now untii MA
determination is reached by tndt court.
If this view IL correct, then the county
Judge of I.unenburg. in ordering the prs,
oners TO be brought before MN, acleu
without authority. ! think tne , pe,,{s,on porsr,n
facia case. Whether the Interpretation
of the opinion Of the supreme Court of
Appeals. 10 the effect that the pIlsoieIs
should for the time being remain wheie
they are, Is "A correct one or not VIII Dc
determined in few days.
Il would be idle IN me and somewhat IN
the contempt Of the supreme court ot
Appeals If ! was 10 determine tle ma .ti,
finally on my own opinion, ana l theIe-
fore see no other way before me tnan 10
grant an adjournment: Should ! dscllhe
10 do this an appeal would likely De
taken and the matter would tHen come
before the Supreme Court only IN an
other form in nay opinion the only ques-
ton to be considered BY this court IS as
TO he time 10 which the order suouiu De
enlarged If il should appear that Inc
presence OF the prisoners are not neces-
sary when amendments Of the records are
10 be made. the Supreme Court 0i Ap-
peals Will certainly take the proper STEPS
al the proper time. IT seems TO me that
there is nothing left for this court 10 90
but 10 continue the order, and the only
question to be decided was as 10 the
day on which the order should be re-
turned.
Captain Guigon stated that the case
wouid come up again in the Supreme
Court Of Appeals next Tuesday ana ne
therefore suggested that the order be
made returnable for next Wednesday.
This was agreed 20 by the Court
Judge Mann called the attention or the
Court to the fact that the prisoners III
allowed TO be taken TO LunenDurg, cohlu
easily be produced IN ms cOuri on next
The Court merely remarked that the
prisoners would sooner be given into the
custody OF the sheriff of HenricO county
than 10 be turned over 10 the Lunenbufg
sheriff Cardoza. Of Lunenburg county,
was then called. and he presented the
retiirn TO the writ Of habeas corpus.
The court then called upon Deputy city
Sergeant Edward :. Fcrneghough and
turned the prisoners over into the CUSTODY
of the Sergeant OF the city OF Richmond,
subject 10 the order OF the Circuit Court
Of the city Of Richmond. 10 be produced
next Wednesday at / !. NJ.
FOUND SERGEANT EPTs.
As stated IN yesterdays Times. Sheriff
NJ. &. CardOza. of Lunenburg county ar
rived in this city on the previous evening
with orders for the delivery Of the Pol
lard murdcrers as well as win RUE l4r
CITY Sergeant Charles II. Epps, who Is
10 show cause IN the County Court Of
lnnenburg why ne should not be punished
for contempt having declined to deliyer
o.
ordered by the Governor to refuse them.
lie made an early cali at the jan yes
terday morning looking for Captain fpps,
but failed TO find him. From there he
went to the office OF the city Sergeant at
fhe CITY Hall. but was not more success
ful. About II o'clock he called OH the
Governor. and while he did not seem to
know exactly what 10 DO. yet he aD-
peared 20 be In a better humOr than when
be called there the last time.
Daring the afternoon Sheriff CardOza
succeeded I'm finding Sergeant Epps, and
at once served the paper on him. The
Sergeant was ready 10 60 with MIN 70
Lunenburg that evening, but it was final,
ly arranged that he should not leave until
to-day on the noon train.
CASE or MARY BARSfs.
According 10 the advice given him by
Governor O'Ferrall. Major Lynn called
ON the Atiorney-General early yesterday
morning m reference TO the writ of ha-
loas corpus served on him. which orders
him 10 produce the body Of Mary Barnes.
now an inmate Of the peultentary, In
the County Court of Lunenburg The
Afforney-General advised Superintendent
and during the afternoon he wrote a
letter to Judge Orgain, explaining the
situation and taking full charge OF the
affairs on this end of the line. While the
Attorncy-General did not feel at liberty
10 give out the contents OF his letter
thinking that the publication. II made at
an. should come through Judge organ,
vel il was intimated elsewhere yesterday
that Judge organ had no right to issue
such an order. which should have ema-
mated on the part OF the convict, and
that the latter. as a legally dead person,
could not be taken to court again unless
the verdict against her had first been set
aside.
Governor O'Ferrall, after having been
informed OF the action Of Judge Wexford
in the city Circuit Court yesterday after
noon. countermanded the order by which