The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-13
WILL THE NEGROES RETURN9
Unless the Courts Interfere the LunsnbufS
Prisoners May Go.
THE SUPREME COURT APPEALED TO.
Captain Guigon's Unique Motion-Th'
Habeas Corpus Proceedings to Come
Up Before Judge Wciiford-Ths
OficiaI Correspondence.

Virginia, and admitted by able lawyers
to be without a precedent grows more ana
more tangled with every passing day.
and no man can at this time predict with
certainty how Il will end.
As foretold I'm yesterday mornings
Times Sheriff Cardoza arrived In the
city about o'clock, having come py
way of Burkeyiiie. Several deputies
were with him, and he was armed with
various orders from Judge George {
Orgain. OF the Lunenburg county court.
one was for the deliverance 10 MN OF
the bodies OF Mary Abernathy. Solomon
Maratle, and Pokey Barnes, VINO are
confined In the city jail. writ OF
habcas corpus, so-called, Tor Mary
Barnes, who is serving sentence or zen
years ir the penitentiary, and summons
for Sergeant Charles II. Eppst or the CITY
jail 10 appear to-day before Judge OF
eein's court. for contempt or ttdt tri-
bunal I'm refusing, under instrucuoils
from tho Governor to give up the prison.
ers 10 him upon his formal demand ior
them last Sunday morning. ~.
Immediately upon arriving in tne CITY
Sheriff CardoZa proceeded 10 tne -ity Jsui
for the purpose Of serving upon sergeant
Epps the summons Tor hm 10 HPfe''
before Judge orgsin ,o.,.o,,or
Captain Epps was not present noWeFe,,
and the Sheriff after remarking 10 tn1se tnPs
in charge. that he hah niSas az. .be iai,
duty to perform, turned anu itAN t"o '"''
without serving his summons
,Yrra MARY BARNES.
Mr. rardoza then went over to the
penitentiary. where he called Tor MAJOR
| t.vuu. and served upon him ms ,euuS
tion for Mary Barnes. The Superlif1s.ln,,
ent told the Sheriff. thar ne revoni' r,. .,a
| his naper. but wished 20 consult tne
| Governor before obeying the order sher-
| M cardoza then left the penten'Ely
| savinq that he would consult with Juoge
! William III. Mann. who had reacnen uhe
| city LIST evening, ana return "''''
THE GoyFRSoR's ACTION.
| While the Sheriff was travelling arouhu
the city executing Judge orga'l deoived J.' n
| The Governor was not idle. he receives soo.' a
| 'nhone message from Major Lynn as soon
| as Sheriff Cardoza had left tne p.n.., p''.,r,,
| tiary. and I'm renly to the iatter l,s liI.,u',
| as 10 what his duty was In the premises,
| reonested that official TO come over 10
| tbe nnansion He also sent messages 10
| Prlgadier-General Phillips and MAJOR
| Evans. and soon all these gentlemen. WIN
| the addition OF Judge Flournoy, VINO re-
| turned from Lunenburg by the southern
| road last night and Captain Guison were
| gathered IN the Governors sitting TOOTH
| The Governor also made an etort 10 n mn
| tho ; btorney-General, but that gentleman
The Governor first held consultation
| with Major Lynn and advised him 10
| consult with the Attorney -berera W, ~
| fav before delivering up Mary tarnes 10
| Mr.. Cardoza. which advice the latter
| promised TO follow.
TRooPs TO GIT READY.
The Governor then instructed General
phillins to order the Petersburg Grays
and the Danville company 70 pe IN rean 4. 4.
ness 10 move at moments not'r, o,. pne
| not to assemble AT their armories, Mhlcu
orders were Immediately written bV MAJOR
Evans and dispatched -,
After a prolonged discussion Of the
| question between Governor oFerraH ahH
Messrs. Guigon aud Flournoy Il became
| evident that the prisoners could not pe
taken away from Richmond beIore 10,
| nights train, as, according 10 the "rll
| Of habeas corpus issued Saturday nlght
bv Judge Wexford, the prisoners are 70
| anpcar to-day at l o'clock before ms
court. Neither could Captain Epps ps
taken there as he himself was ornersu
| bv Iudge Weilford's writ 10 produce the
| prisoners before him, and must neces'
sarily remain in Richmond for that pur-
pose. The Governor. therefore, after IN.
! 0uiring about the running or trans OF
| the Southern and Norfolk and Western
roads Informed General phillips that II
| was not likely that the prisoners could be-
taken 20 Lunenburg before The n.ghl
train. and that the military escort would
not be needed before that time
CAPTAIN GuIeoss MOTION.
The removal OF the condemned prisoners
| seems now to depend upon the ACTON
OF the Court Of Appeals, In which mo-
ton was made yesterday by Captain Gun
| gOn.
Just before adjournment iHt AttDfHfe
| General asked the Court not 10 adjourn
until he had had an opportunity 10 sus.
| gest that he wished Il postponcmcnt oi
| the Lunenburg cases for several days
| that the records had reached him so late
that he had Just been able 10 place tWC
OF his briefs In the hands OF The printer
and that the other two records mad moi
| yet reached him.
Mr. Guigon, who appeared for the ap.
, ! pellants. stated that he would make "a,
objection 10 the postponcment. though h'
| agreed with the Attorney General tha|
the peculiar circumstances Of the cases
demanded that they should be heard ant
determined as speedily as possible.
. MIR. GuLson added that though he hae
| had no ol,oortunftv OF conference witt
his associates, who were still IN attend
ance on the County Court or IunenDurS
he had determined 80 move the court Is
enlarge the Hrits Of error and superseded
in these cases 30 az to provide that th'
prisoners should remain In the custody
, they were now in until their eases wer'
disposed Of. lie stated that such an en-
largement of the writs was unusual, 4
J not without precedent. but that II seome'
10 him to be within me power OF m
| Court, and that Il would solve some Sc
| riOus entanglcments which surroundet
| this unique case.
The Attorney General replied that Tin
| motion was a new one TO him, but the
; he would be very glad if the Court coul'
| see It's way to so enlarge the .writs. al
this course would solve the pending con
This Court took the motion under ad
! visement. and IS expected to deliver IL
decision to-day.
should this motion be allowed by th
| Court the question would al once b
r | settled, but In the event OF the refusa
= | Of the Court 10 enlarge the 'srit OF erro
|, | and order the prisoners to remain IN IN
: | Richmond jail, Ii now seems probable tina
; they will be taken to LunenourS glarde
by companies from Petersburg and Dan
vile.
r TIE coBBysroSDFNcF.
In order to show the whole status q
y | the case between himself and Judge oi
gain. the Governor last night authorize
I | the publication OF the correspondence
; | which has recently passed between then
The letter sent 10 the Governor on Jul
! / 1885 when troops were nrst asked 70
| TO pr-,tect the prisoners from moD VIC
z lence, reads as follows:
Lunenburg G. H., July !, 1886.
I Governor Charles Il. OFerrall:
o Nr. NJ. c. Carioza, sheriff of the count
! of Lnnenbhrg, Will request trops for ~
A | protection of the parties charged with ~
rnurder OF Mrs. Mary j. Pollard. tn
= said partes charged with the murder al
= AT this time In the jail OF the city
!. ! Petersburg for safe-keeping.
= The human mind cannot conceive OF q
offence more brutal than the murder {
Mrs. Pollard The feeling against the pri
nners Is 80 strong that unless Mr. Ca
doza's request is granted ! fear the pa
y Ties charged with said offence Will ne
!, he tried by the-civil authorities, etc.
b w. +. NEBLErT.