Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-11-23
RICHMOND. VIRGINIA. SATURDAY. NOVEMBER %. 1895

CACC
where there was q greater apprehen-
sion for life than in the one referred
to in this petition. II it was true that
these parties have been in danger of
their lives while being tried In the
County Court Of Lunenburg, then
there was reason to apprehend that
this danger might occur again.
NOT ONLY A RIGHT BUT DUTY.
feel satisfied at this time that it is
not only my right, but my duty to en-
large the order The writ sets out that
the prisoners are kept here awaiting
the decision OF the Supreme Court Of
Appeals. and it is claimed that under
the decision OF that court which grant,
ed the writ Of error and supersedeas
the prisoners should remain where
they are now until final determine
tion is reached by that court.
ACTED WITHOUT AUTHORITY
II this view is correct. then the coun-
ty Judge !of LuneDburg. in ordering
the prisoners TO be brought before him
acted without authority. / think the
petition submitted to the court made
out prima facia case. Whether the
Interpretation of the opinion of the Su-
preme Court of Appeals, to the effect
that the prisoners should for the time
being remain where they are, is q cor
rect one or not, will be determined in
a few days.
1t would be idle in me and some
what in the contempt OF the Supreme
Court of Appeals If was to determine
the matter finally on my own opinion,
and I therefore see no other way be-
fore me than TO grant an adjournment.
Should I decline TO do this an appeal
would likely be taken, and the matter
would then come before the Supreme
Court only in another form.
THE ONLY QUESTION.
In my opinion the only question to
be considered by this court is as to the
time to which the order should be en-
larged. II it should appear that the
presence of the prisoners are not nec-
essary when amendments OF the rec
ords are to be made, the Supreme
Court of Appeals will certainly take
the proper steps at the proper time. IL
seems to me that there ia nothing left
/ for this court to do but to continue
the order, and the only question TO be
decided was as to the day on which
the order should be returned.
COUNSEL FOR THE WOMEN WIN.
Captain Guigon stated that the case
| would come up again in the Supreme
Court OF Appeals next Tuesday, and he
| therefore suggested that the order be
| made returnnble for next Wednesda av
| This was agreed to by the Court.
| Judge Mann called the attention O,
the Court to the fact that the prison
ers, If allowed to be taken to Lunen-
burg, could easily be produced in thii
court on next Wednesday.
THE COURT IAdMovABLR.
The Court merely remarked that tn,
prisoners would sooner be given int,
the custody OF the sheriff of Henric,
county than to be turned over to tn
Lunenburg authorities.
| sheriff Cardoza of Luuenburg coun
ty, was then called, and he pre- sente,
the return to the writ of habens cor
pus.
The court then called upon Deput
City Sergeant Edward s Ferneiqhoue
and 'urned the prisoners over into th
custody of the sergeant of the city q
Richmond, subject to the order of th
1 Circuit Court OF the cisy of Richmond
to be produced next Wednesday at
P. NJ.
Sheriff M. @. Cardoza made a de,
perate attempt on Friday, Novembe
; | 18th TO get possession of the prison
: ers Judge Mann on his behalf al
, | piled to the Supreme Court of Appea
( for a mandamus to compel City Sci
? | geant Epps to turn over the prisoner
2 to the Lunenburg County Sheriff
nAo GOnr1 ononon1aI 81
r der and heard argument on the case
t The court room was packed wit
2 able attorneys and other official 1i,
2 nitaries who were anxious to hear ii
: discussion of any points bearing upC
Y this celebrated case.
THE SHERIFF D1seUsrED.
1t was expected by Sheriff Cardo
t that the Court would either grant
IS reject the petition for a mandarin
= but, instead it reserved it's decision,
l be handed down, it was presumed ,
l. the following Thursday.
# This was a setback to the impatie
l. sheriff. and Judge Mann, his couns
e advised him to return home and no
) the rule against Sergeant Epps
it allegiance.
!, This was done.
J. The delay in the matter, it wou
1 seem settles the case SO far as the /
g nenburg County judges intentions q
, concerned.
of He could not have the prisons
r brought into court, and the order G
I | tered In time for presentation to {
IS supreme Court of Appeals which "
re hear argument Tuesday, Nov. 26th.
re We give the proceedings for a ms
damus in detail.
The proceedings were novel. 7
Attorney-General OF the state, who
I'd to represent the commonwealth in
h case before this court was argui
re against his associate counsel as to
ed return of the prisoners to LunenbS
r County.
ne He had to do this, too in order
We defend his own course in the matt
IT. He performed the duty ably and
mt ceptably.
d, After citing the fact that he ,
ch present to represent The SerRean
is the city Of Richmond in answering
lrt petition of Sheriff Gard oza for the {
Ter tOdy OF the Pollard prisoners, Att
lQ- ney- General Scott asked that he
he allowed to open and conclude the
gument. He made this suggest
upon the presumption that the bur
of tbs contention would rest n
oa him. The court decided against
on request. and gave the privileg,
opening and concluding to Ju
ax Mann and Mr. r. G. Southall, cou
MD for the petitioner. This was an
g. mission that the Attorney Gene
no position was the accepted one.
~ with a smile. he gracefully Yielde