The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-28
Judge Mann and Captain Wise Make
Strong ippaalS Fro and Con.
TIE COURT AtJOURNS UNTIL MONDAY.
The Decision In the Case Of the Iuncnbnrr
PRISONERS VIII Probably Not bs
Rendered Before Next Thursday.
synopsis of the Argument.

made up OF lawyers and other inter-
es'ed persons, was a large as usual
"~..-e -''--if" conunueo his argument on
nchah OF the Commonwealth whore hc
nao leit on the previous day. and was
followed by Captain George ID. Wise.
Who, in AN eloquent and able manner.
closed tho argument ON behalf oil the
prisoners. Al thc conclusion of Captain
W lr, adNftHs tnr court adjourned until
next Monday moluius.
= JUDGE MANN CONCLUDES.
Judge Mann, after addressing the Court.
spoke substantially as follows. BEFORE
,vhimthclig my argument to-day would
ike To refer 20 two authorities lawrence
against the tOmmOnW ealth and Pointer
against the United States-and ] would
ike TO Cal your HouOIs' attention 90
thc TACT that the prime question is that
me whole record must bee taken to-
h'1ner. ana not one part OF IL ohly. the
tN'aNous arising ~ ~ sdfh 10 lhe enter
ih- or uunc pIO tune orders are com
lafailFtiy new iu Virginia, ana 10 haze
been decided according 20 the authorities
cited thar the signature OF the Judge
10 the court proceedings Of an intcrme-
oltfe day is not absolutely necessary lf
en- enc By S 4hs 9i ma se ALSO is een 2 frcm
the decision OF Neathcrman against the
Commonwealth. The power OF entering
Nuuc pro tune orders has been vested In
the courts of this land for "a long time
Ia civil cases. as Well as In criminal ones.
In some instances as many as twenty
entered. In Virginia the errors Of court
records have usually been corrected UNI
der a writ OF error cOiam Nobs, and the
only requirement has been that some
thing Is contained iu the statute under
which such correction can bc made,
but the question has never been consid"
cred 10 any great extent IN this court.
Il make this statement about the com-
mon practice IN Virginia IN Oruer 10
openly confront .tho difficulties. / call
your Honors' attention To this fact, tthst
Is ID "A
an order on an omitted judgment ana
another 10 correct the mistakes OF
court clerk in q judgment already en-
tered, and. Of course, less proof Is re-
Quired ia the latter case than iu the
former. The courts, Tor the purpose OF
applying Justice. must have the power 10
make their records speak the truth the
truth as 10 appeared I'm the case when
g was tried ln. this connection would
like TO state that some courts even 40
as FAR a. 20 decide that the judge may
make such "a change OF the record at
his own discretion. and that this dis
erection is not subject for review 10y 'he
Judge Keith here interrupted the speak
or with the question as 10 whether ne
was aware thai the Supreme Court Of
this State had decided that judge could
not so beyond his own consciousness In
making such changes
AUTHORITIES CITED.
Judge Mann replied In the affirmative,
and then continued: Other courts have
gone even further than that and the Old
notion that the record OF the court rests
in the breast OF the Judge until the end OF
the term has been done away with long
ago" an substantiation Of this state
ment the learned lawyer cited a number
Of Pennsylvania authorities.
To make "a correction Of the records,
Judge Mann continued. the judge may
even hear evidence and act upon proof
laid before him. Every court has the
right 10 judge of its own records and
minutes. and may make amendments
90 them AT any time.
The speaker here cited the case of
White and Nicholson against the United
States. where. he said, the question was
raised I'm regard 10 the transfer OF a
murder case from the District Court 10
without the entry of this transfer upon
the record. and when the court or last
resort had finally decided that the record
could be amended so as to correspond
with the facts. According TO a decision
Of the highest court In Minnesota, the
records In a case had been so amended
as TO show that each juror had been
duly sworni that the jury had been IN
che custody Of the sheriff during ed-
tournaments. and that the jurors we're
noiled when they entet cd tic cour--rOo
10 announce their verdict. I'm core )bl't-
tion OF his statement, Judge Mann cited
number OF authorities from Maine.
lucky Mississippi. North Carolina, Ohio,
Pennsylvania. TcXIs, ami sleewh"re and
also decisions OF the Supreme Court of
the United States
The next question TO be considered.
Judge Mann said is as 70 whether the
powers referred q In these decisions are
within the principles of common reason.
These principles. / contend. are made
81 embrace Just such cases. Here is this
unfortunate prisoner ON trial before me
County Court Of Lunenburg, ana the
whole EVIDENCE In the case IS considered
sufficient 10 convict her. The court had
supreme power over the prisoner ana
why should IL. therefore. be dangerous
10 give the same Judge the power TO
amend the records I'm this case 50 that
they sneak the truth? Are not all our
lives and property dependent on parOl
testimony? Why should such a power OF
amending the records granted 10 the
judge Doe dangerous our own statutes
furnish examples and illustrations that
such power Is vested IN our judges. sup
pose our records should be lost. is IL not
then In the power OF a commissioner 10
set mp the whole record again by parole
testimony That is the statute now. and
II the commissioner is satisfied that such
testimony ~ sutained and confirmed by
the court. thcn the record would be set
up And vet ~ is 10 Doe considered dan
gerous 10 allow a judge 10 amend his
rccoro 10 IS a strange thing indeed. 10
deny the mower of the Court TO change
the record so as 10 speak the absolute
Vcracity. You have entrusted these
prisoners 10 the authorities of Iuncnhurg
county curing their trial. and on that
occasion narol testimony was deemed
sufficient and when II comes TO the cor
rectir~ OF the record. this court is asked
20 restrain the judge Of the trial court
from doing so.
LUNENBURG DEFENDED.
In conclusion. ] trust ] may be permit
ted 10 say Just a word about the county
of T.unenbure. ia whose court the trial
and conviction OF this prisoner occurred
When the fearful murder Of a peace
ftli. inonensiVe woman took place in her
own yard a thrill Of horror crcpt through
the hearts OF the people The men had
10 work IN the fields and the wives and
mothers felt that they were In danger
The murderers must be found and pun
ished. the law must be vindicated. SEE
curity for the weak must be obtained.
and while this feeling OF horror and in
cignation was upon the people the muir
dcrers were arrested.
Is IN any wonder that under the circum-
stances a hich-sfrung. chiyarous. and in
dlgnant people should have been wrought
up
In was shortly after and az their first
apnearance I'm the county that the Sheriff
az the county. backed by the Judge and
tho Commemorative Attorney and civ
ing every doubt 20 the security Of the
prisoners asked that tltN shout be &C
companied by military guard. The pris-
oners were arraicncd fairly ana imper-
TALLY tried and convicted by the Juries
% the county Of LlnenDurc, and then
the sentence Of the law pronounced by
the fudge. and Just as II would have
been done I'm any other county OF the
State.
The officers engaged IN these trials not
only stand well al home. but would stand
well IN any county or city in Nire mia.
4 hev have discharged their duties as true