The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-28

and imnartial hearing OF the cause. II
might be lust as important 10 change the
theatre OF the trial a. 70 Ha ne Juss
10 n7,al,fcation and freedom from ex-
ception, ..,,,a s,,.o .,
things, and OF the posslplv eAls,snce oi
other causes not necessarily connected
with the TRY. and. in order TO preclude
the Inference that, by enlarglng the
power OF the court as 70 the sources
from which the jury might De taken, II
intended to curtail the court OF any power
or discretion which u previously had or
changing the venue for causes other than
the difficulty of obtaining jury or
the county, the Legislature nave; III
the twcnfv-second section Of the chan
ter cited above, declared that the CIR
cult Court may. on the mouOn, either
Of the accused or Of the Attorney Tor
the Commonwealth. OF |ithQut such mo-
ton. for good cause, order tne venue Tor
the trial OF a criminal case In such court
TO be changed 90 some otner circuit
Court" But we are tod that lhere are
no bills OF exceptions by winch the iacts
and circumstances surrounding these
cases are disclosed to this honorable
court.
were not assisted in their defence by
counsel: no one appeared TO use his legal
powers in their behalf. When poor prls-
oncrs are in such a conuluon, especially
in capital cases. II Is IN accoruance win
that tn. Judge, in manner not IN
consistent with the duties OF the bench,
should counsel and assist him, ana that
the prosecuting officer should avoid Wnat-
ever might lead TO an unjust conviction
/ appeal 10 this record as proof OF the
fact that these poor women were as
helpless IN the County Court or l.uncn-
bur as would be an infant thrown
from the deck Of a ship in mid-ocean in
the turbulent and angry waves:
III / were permitted to bring before
your HonOrs all the conditions which
surrounded the accused in that court.
il all that was done and acted there ao-
Dcared in this record, my task would be
easy. II the whole truth were known II
would not be necessary TO utter mere one
word In their behalf, all the Wafmest
sympathies Of your hearts would be en-
listed in behalf OF these unfortunate
women, and you would see clearly the
necessity for some corrective action Tor
the maintenance OF justice ana the pre-
serVation OF our civilization.
Il cannot tell how the grand-Jury room
was invaded by a military guard, under
the direction Of the presiding judge, anu
how their captain there undertook, by
the same authority, TO intcrrOgate Wit
ncses and instruct them as 10 their
duties and rights; 1 cannot tell how the
perjured Marable when he stood before
the court and jury To recount the raise
accusation by which these helpless women
were sent TO the gibDet and Death, was
intimicatod by by-stander. ana forced
TO reiterate his foul lie. ] cannot iol-
low the two iurymen. who, after uniting
In the verdict of guilty, went from Luz
nenburg Courthouse to the home OF
lawyer in that county ana told or Their
Dissatisfaction OF that verdict, ana OF
those iashings ~ conscience which are
sharper than the stripes inflicted by
whip Of scorpions. While ! am forbidden
. 10 lift the curtain which conceals from
which cry 10 high Heaven for vindication.
there Is enough In this record 10 justify
such action as we ask in the name of
justice and humanity.
JUDGE ORGAIN'S ADMISSION.
Il want 10 call your Honors' attention
which is the declaration that the feel
ing against the prisoners was so strong as
10 cause him 10 entertain the opinion
that they would be deprived Of life with
out due process OF law, unless guarded
and protected by the military arm OF
the State.
by the terms Of our salute he could.
without any motion, for good cause, have
ordered the venue 10 be changed 10 some
other county court. as by his own snow
ing the prejudice and excitement against
these women was so strong, extensive,
and influential as TO endanger the fair
ness and impartiality of trials conducted
in the county Of Lunenburg. II was his
plain duty 10 have exercised In their
benaf the judicial discretion vested IN
him. The prisoners were guarded py
military escort. consisting OF dDOul
eighty officers and men, from the jail
I'm Petersburg 10 Luneuburg Courthouse.
during all the trials the seat OF justice
was surrounded by bayonets. and this
was permitted by the judge because
deemed TO be necessary for the proven
ton Of the destruction OF the accused
bv mob violence.
And after the trials had been finished,
the verdicts rendered, and the death SEN
fences pronounced even then the preJI-
dice and excitement which caused the
Judge TO fear that the prisoners would
De deprived Of life, without due process
OF law manifested itself i'm such form
and vieor as 20 -call for another order
from his Honor. Between these uniOr-
tunato women and the grave there only
remained two short months in which 10
seek forgiveness on Blended knees. 10
prepare for eternity, and COMPOSE their
minds for the dread ordeal. You would
suppose that under sucn circumstances
the passions of men would be subdurd
and that the cry for blood would not be
heard But if Judge Organ was ac-
quainted with the situation and was
guided by wise discretion. We must
believe that the danger Of mob violence
was stll imminent on the 10Th day
OF July. 1893. he placed on the records
of his court the declaration that he
deemed IL necessary for the safety or
the prisoners that they should be re-
moved rrom the jail in Lunenburg 10
that in Richmond. The removal was Tor