Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-21
THEY CAN'T GO YET.
judge Wexford Still Holds the Lunen-
burg Prisoners Here
THE WRIT AGAIN ENLARGED
Judge FIournoy Asked Tint the
Case he Continued tntii saturday,
A. So.,hnIi Protested. However.
and Matter Went over Til To-Day.

Judge II. II. Wexford. Of the City Cir
cult Court, Is still holding the Lunen-
burg prisoners. Mary Alternately, Solomon
Marable. and Pokey Barnes. subject TO
the order OF his court.
Last week he extended his writ OF
habeas corpus, on motion OF counsel
for the defence. until yesterday, and on
a similar motion made yesterday he again
enlarged the writ directing City-Sergeant
Epps to hold the prisoners in his custody
and bring them before the Circuit Court
this afternoon at o'clock.
one o'clock yesterday was set as Inc
hour for hearing argument on the VIII
OF habeas corpus. and promptly at tha'
hour the prisoners were brought mo
court. and Judge Wexford assembled the
bench.
As soon as the court was called to
order Judge Flournoy. Of counsel FOL
the defence, arose and asked for CON
iinuance Of the writ until saturday Ii'
said: IF your Honor please, the ptIso'leIs
are here under your orders q! hsuD'"o'
TO the city Sergeant. Your HONOR j.
aware OF the fact that motion Is no"
pending before the supreme court OF
Appeals on behalf OF the authorities o'
Iunonburg. asking that tribunal 10 gram
a writ OF miudamus requiring Inc Ivy
Sergeant 10 deliver the prisoners I"
Sheriff Card0Za, OF Lunenhuis. NJ the
time that your Honor enlarged u" VIII
last week II was thought that decisl"h
would have been reached by tho supreme
Court OF Appeals on the motion mauc
. los
rnent OF the wits OF error and super
s.dcas granted by the supreme Court
The decision has not yet been haNdrn
down. however. ana We now ask that you
enlarge your writ 50 that IL may cover
the opinion day of the supreme Court.
The decision Will no doubt l." handr1
down tomorrow. but, in any event inc
city Sergeant will hardly b, notified ol
8; before Saturday; therefore we ask
for an enlargement OF the writ oi haDeas
corpus granted by your Honor until sat
urday."
MIR. SOrTHALL OBJECTED.
Mr.. Southall. Of counsel for the prose
cution, replied 10 Judge FlOurnoy. ana
protested against an enlargement Of th'
writ lie said IF the Court please We
object 10 an enlargement OF the writ f
understood when the motion WIS maze
- that effect would be made. The pc
fition for mandamus now pending be-
fore the Supreme Court of Appeals can q
affect this court. and hc would ask you
Honor 10 remand the prisoners To The
custody of the city Sergeant 10 be held
by him for the Sheriff Of LuncnbuIg.'
Mr. SJuthall asserted that there were
three things that a judge was competent
To do under a writ Of hdbeas corpus, and
only three things-tO discharge the
prisoners. If he thought them illegally
detained: another To bah them. IL he
thought necessary. or TO remand them
to the custody from which he had taken
them. lie read from The Code in sub
stimulation Of these claims. In conclusion
he asserted that the arguments for new
trial would come mp before the supreme
Court Of Appeals on Tuesday next. and
set forth that IL the Circuit Court in
terfered further with the prisoners IL
would operate 20 make IT impossible foi
the Lunenburg court 10 consider nunc-
pro-tunc order for the amendment Of th,
record ere IL was considered by the Su-
preme Court. lie. therefore. asked that
the writ Of haheas corpus he dismissed.
Judge Flournoy replied TO Mr. SouthaN.
and said. III there Is one thing court
ought not 10 be in a hurry about 30 IS
% send prisoners to their death. ana
dismissal Of the writ giving the prisoners
into the custody OF the Sheriff of Luncn'
burg would mean death 10 them. TN
status OF the case Is identically the sans
as when the writ was first enlarged. II
the gentlemen are entitled TO have their
records amended they can delay The pro-
ceedings in the Supreme Court Of Appeal.
hut they should not ask this court TO
dismiss its wit
Judge Wexford announced his decision
without "a moments delay. Said he: -
Ear as the effect Of continuing the case
IL concerned. the difficulties Mr.. Southdl
cited need not he considered here. The
Court of Appeals may be- relied upon to
indulge the Commonwealth. If II deems IL
necessary. and viii most aSsuredly pro
tect its interest As far as the question
of power Is concerned. ] see no difficulty.
\ court Is competent to DO anything IL
may see NJ 20 do that is practical III
IS necessary in every habeas-corpus case
that the facts bee inquired into. and the
Court should have a fun presentation oi
the case made by counsel But whether
the case shall he continued from day
10 day is entirely discretionary with the
Court. If were TO decide the case while
the Supreme Court of Appeals f. con-
siderlng 1t. | would clearly be subject
to reproach for acting in contempt of IT,
The prisoners are I'm the custody OF the
Supreme Court OF Appeals, and ]. there
fore, will enlarge the writ, as requested
and order the prisoners brought here
on Saturday
MIR Southan stated 10 the Court that
the November term of the LunenburG
Court adjourned by limitation Saturday
night. ana insisted that the writ be made
rcturnahle to-day Judge FlOurnoy pro
tested against this. but Judge Wexford
decided 10 comply with the request OF
Mr.. Southall. and ordered the prisoners
hack into court this afternoon at
o'clock.
The Supreme Court OF Appeals vii
hand down its decision in the Lunenbufl
case to-day at II o'clock and. If favor
able. so far as the petition for manda