The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-16
ARGUMENT FOR MANDAMUS.
Case Of the Lunenburs Prisoners B'loro
the SuENms Court Of Appeals.
The DECISION PROBABLY MONDAY.
Able Oral Arguments of Judge W. Ii
Mann, Mr.. II. G.. Southan ana NJ
torney General X. Taylor SCOTT
Tho Court Reserves Its De-
cisiou, but 1t VIII Likely
be Rendered Monday.


A very large number OF lawyers and
spectators filed every available space IN
! the courtroom OF the supreme Court OF
Appeals yesterday morning to listen 10
the argument on the petition of Sner.u
! NJ. t.. Carbon, OF Lunenburg county
against Charles II. Epps. Sergeant Of the
city of Richmond, for a writ of mandamus
TO compel the latter TO surrender TO the
I Sheriff the prisoners wanted in the Luz
/ ncnburg County Court I'm hearing lot
/ writ for nunc pro tune order. Inc pc
| tiuOn had been presented by judge Mann'
! OF NottOway, or tile previous day. anu
i'm view OF the importance OF the case,
/ and TO expedite matters. the court haa
deviated from It's customary RUE ana az
I mttcd an oral argument o. tIc VIII.
commemorative Attorney X - soulh-
all OF Amelia county. and Judge William
Z H. Mann Of NottOWay, were present oil
behalf OF tho authorities ol the COUNT ,', o.
Isunenburg; AttorneN General X laYlui
Scott was ON hand to argue MS answer
and Judge H. ". Flournoy, Captain
George H. Wise Captain q. y. Gugon'
and MIR. William l.. Royal. counsel Tor
the defendants. were among the most III
tcfested spectators.
court and the reading II the records OF
tho previous day. the Attofney-General
stated that he desired 10 file the answer
of Charles II. Epps, Sergeant OF tne cilE
of Richmond, TO the rule ordered on Inc
previous day upon the petition OF NJ. 4.
Cardoza Sheriff OF the county of Lunen-
burg with exhibits. Permission 10 DO 80
having been granted. he asked Tor a fui-
ing Of the Court on the point OF practice
which he was not familiar with. mas
much as the petition asking an Oihcef OF
the Commonwealth TO deliver up the
prisoners held IN his custody put me
hrs, .1.,s - Inn
/ General thought that he should have the
opening and concluding Of this conten-
ton.
The Court ruled. Judge Reilly delivering
the opinion. that whoever replied 20 the
writ should have the opening and con-
cluding Of the argument This rule gave
the opening and closing 10 the rcpresen-
tativcs Of Lunenburg county.
sERGrANr sfPs' ANswIR.
Attorney-Genrral Scott then read on
behalf Of Sergeant ipqs his answer TO
I Sheriff CardOza's petition for mandamus
I This paper I'm substance sets out mat ne
4 received the prisoners from Cardoza. that
when Cardoza came for them lately ne
refused 10 give them 90 because or tae
/ following order from the Governor: do
not deliver the Lunenburs convicts TO
/ Nj G.. Car6OZa. shefin, SC. As heretofore
instructed. hut retain them unil can
communicate with and hear from Judge
! Orgain." Then follows a copy OF the
/ Governors letter 10 Judge Orgain. here
tofore published. and statement ot the
haheas corpus proceedings In Judge Well
fOrd's court and the order OF that Court
fnat he retain the prisoners in his custody
til its further order, all OF which Tho
Times printed In fun. that he believes
lnal ,ne paiil'S' iS s.,tS3 in ,bo rrocess
- - ~. a,,.o,.' q, t.,,,.i.,t 81 tfl. t.st,f-
tentiary. commanding him TO produce the
body Of Mary Barnes al the County Court
Of Lnenhurg November 18th viz TO
49, zine .,hirb sl,all fbpn and There
i,l siiio,od ~ nor i'm tbis hchaif and
20 n,sLe defence to a motion fhen and
- - ho .,.a. to ,.,r-c,, ,he r,corle''
- -, ,,r,o, be, t,isi. maj he IS
- 49, ~ mite NJ o,.or .,ra ard. A
h,. ,be Sn,rcrnc Comrt of Arpeais have
,fa cYect M transfer these cases from
Nc {,,nenbnre .onft 20 This court ard
go talra froro said court the power 10
enter any order therein" and 10 forbid
The Sheriff of said county from again
,"h,nH IN. 'i,y ,. nr.,,,,- d;eroscJ ~ hv
,his cc,,rt
''''
sHtptrr c,pnoza-s PETITION.
,t..-.
MI SOutnail next itdt uhe PSt'u"..
submitted Oh behalf OF Shei.h ", =,
IafdC1a' ON ihuIS.idS. "ia iS'lt'oi
aitef referring 10 tHe -, ,"'ot iii"' N't 81 ~
Mrs. Jane Pollard, on thc -"th "a Jun
last, ana the cOhtlcloh uleleIoi ~
Solomon Marable, Pokey Barnes, an,
Mary ADeihatiS, cit.H Ai'u iuot', ~ aii
order OF the court Ol lsuitiip"I 3, HN'.N
inB thc WisoitiH 10 ll"S 'iss 'oi 90 .
keeping, Mhlen Nda uyile' uQe' -, of ~,
then IeSl''S lHv ,iiI - ,o d., MIN
past leW IaS - sun li'S" IA '''' '
oi 49,, ~, PI-dcc Oreain,s oricr demanding
.S'.,,,l t ,-,t,,rred 10 Irnen
,,,,,.c ana second Sergeant Epps
,s,sssi Ia comri,- closing. "In consider
re- 's"i ~ f ,o,', ,,,,, ,,fttioner bayin.
dlio. ,.i ~. 1--we fhat ynui
h9 o,her lSs"i i.,ii''s l,,s - ,ir@-tef I,
itohors VII avn" 8. .t,,e,- ca,,ee
,iit s.'u y IA ~ ~, -, i.,,o,,toI.v vrif %
II any he al, M'S I" i,.I|aa .,,-sip.
niti'uaiii'.S Stio'',a i r"' Seii,,cr ia VoI
nm l.u",i ~ 6te. Di' 80 he ssid Soiomoi
: p.utivn'l ,I unI 49,, -. o ~" - Nfsrr Al
NldIauir' 'Ds,,.'5 ~. a.. saii or,ler q
crhatt,S, - i,se,ts" ,',o ,,,-,,n,,v@ 'oi an,
the tpuu,y oelr -, -, 49,, ho,,pi vii
your P'.4'o.-' 90 ia ''
ever pray c'0'
Ah"oMhN4 of CoINati'
Mr. Son'ila nan, t'lvn Tp,nnt p1,,,,. a. follow
mei.t' anu , VNc -, ~ o'',sat ina
We Wish 20 say on ,.'.oe,.ect ai,r 49, 70 an,
: We 90 nS1 o,,,,, an .f.,Iib hut W
oihcel oi w 49,, ,,I,5I ,-,s. 6een n,uri
.Vt,,'., 49, PsvS v.birb stands as high ID
+ .aiNeu az, a,o"' in "o" other section OF tn
~" peVt' SI' csse now before al
ii,"nroi,,,re conntv and Il really affect
~, lI,'i''iiyVo5 ,,5ors ~ re State The first OF
an 'oItiSsis -, ~ ~ ,ooncemus was commit
itn0S n 80 he Sergeant of the city o
s,,l ,ed MIL MIL ,-ss orlerei bv the Goverao
klcninohn "aS ~, ailo,, The prisoners d
OF virginia nor , 10 a',Gc ~" ,sil of fbis cit
be tdkeL ivy ra tben here in iail Il
/ Inc prisoners W, 49,. 80 f,,Snfnr.
the CUSTODY oi 'iis 49,. DDn' bad no now.
country ana aac,,,ion lnv Of a csmpeteit on