Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-23
70 KEEP THEN HERE.
n. SgDrsma Court EnlarSsS Its WTltS
in the Lun'nhurS Cases.
,,.r,r,o>s ARR rnEsE>TED.
a. Judge Wexford Dis
misses the ''""'"' corpus
utybcr Tribunal IN Ap-
,trd To.


hc higher Tribunal IN N"-
,,alrd To- ------
,. f.r the defence IN tae
case sprang genuine SURPRISE
J. ,c,onen,s in the legal hght I''
'' -..,o M the prisoners Ses'e'i"' o.
IT. and. though all Infringement
,..., made for taking 'he mn'''''''s
., i.aec Orgain's court '"eS WIZ
li.n o., f9r some time at least
'.. .......,ne court OF Appeals iss'eu
....,,d 10 CIty-scrscant Epps anu
.,,laza. directing the former 90
.r.soners 10 in his poss Ss'on'
h.' '.,,r 10 return Them TO the
.... p 700 his possession TO oe 'e''
'... ,a thc further orders oil me '"-
r.rsoza arrived IN the city ot Z
...,.rlav morning. and was III
... court room when the oiief
,I,. pri-oncrs was made. 'oIy
b.. oncc served on him. and ne
.,.4 service. ana without l'.''''
...eagt making amy domini i'r
.,. al the jail loft for ms
5l O'Clock. Sergeant hpps' ior
rr.r. organ recently issued
v,rt up 0p the same Tram thoush
el.-.r bad go papers Tor MN. 'ap-
r.t. .d NOT consider IL necessary
'..el with him. The Supreme
r. decision refusing manHa-
...r.l tho Richmond officer IN
- n respecting and obeNinS
,...f.rrs order to hold the pris-
..r..rf0-tunc order VIII be made ~
..I.-e Courthouse to-day, an" 'u
,.. l.f ou the O'Clock N@lh wa.
.r.... .1 Co. present Wheh ''l'o
,.,,NDgD HY JUDGE WElLf"i'''
ut,r tnc habcas corpus case came up
continuance in the circuit 'ou''
a. 81 fle prisoners were ID c"N
D.. Judge Wexford ascennel 'nr
.h rlce Floufnoy arose. ana I'D an
... tto. Csirt urged the fact lt"t
-.rr4rno court, having not d''i"el
tt. ratftion for an enlargement "l
..,. q. WAS clearly within the power
r..n Wexford to hold the prisoners
,tI lhs was done H.. .,..s
v- -o.,faU arose to reply. but was
.,.4 hv Judge Wexford, VINO @a'1 IL
,,.. unnecessary for him To argue 'S ~
ia made up his mind 10 ienahn 'ne
,..,r.rs 10 the custody Of tho 'l'y orl
.eart. po ho held by him subject 10 "''
,.l.r- ~ the Iuncnburg court
ffe then entered the following "i"0''
,rI.- was drawn up by Judge Mann;
me prisoners. William Henry Maid-
i.. ,ofnuonlv called Solomon Mardnl''
r...y barnes. and Mary Abeinathy'
..,. this dav brought into court hN
,I. sergeant Of the city of Richmond
under the writ of habcas corpus h"r'-
t-eoro awarded upon tho petition on Sa'n
rrs0ners and the Court haNihe h'diu
r.. argument of counsel. and consld-
,,.d the opinion and decision Of the 81
r-eme Court OF Appeals OF virginia on
tbe uiondauus proceedings Of NJ {. car
t,v, Sheriff or Luucnburg county. Va,
.r4ir4f Charles H Epps, Sergeant or
,fo city OF Richmond ana being salts
HI that the question a. 10 the Gus
i,f. of th, 4aI prisoners mas been de-
,.rir.r.l lv the supreme Court. doth
order Chat the wit Of habeas corpus here
rf.rr ,uerei i'm this case he dis
m-I and that the prisoners William
uerr- N.rablc commonly called Solo
,r,. Warh'el. Pok,v Barnes and Mary
t.enstht- boz rcmandcd 10 the jail OF
r-. D, az Richmond. TO be held sub
..t Orb fho order of the County Court OF
t.r.rnuie. Na.'
APPLY TO SUPREME COURT.
VI'. this order was being drawn up
rtHf Wise and Mr.. Guigon were busy
.s.-.k th. signatures of the prisoners
n.Iufi.. to he presented TO the supreme
court " Appeals asking for an en-
...-erDrt of ifs writs of error and super
..... ta hold the prisoners here. The
.uaf.fts were AN secured. and Captain
.n hurried from the courtroom 20
~Inrcu. Court The judges were
n. .ulfcfcncc-room. and Captain Gui-
r. talked with Judge Keith. and after
explaining 81 him that in order TO be
.f.tHol~ the Supreme Court, If IL de
.f o. issue the order petiuoncd for.
Hl'H have t0 10 so at once, he gave
fm ih0 petitions. Judge Keith told him
Hat ' would not he necessary 10 pre-
tnt ne petitions in open court, and as
tr't Dina that thc Judge would consider
i0m ai once.
THE PETITION.
7,. petitions are an just alike. with
oil. .NYu OF the names one OF them
p u. honorable Judges Of the Supreme
''rf of Appeals of Virginia:
f..r petitioner. Mary Ahernathy. re-
si..f..l Itllcseuts that she is held IN
custody Hf rl. Sergeant Of the city OF
I.'hn.ri under sentence and Judgment
H' '0lntf Court of lunenburg county.
W.. H- oII appear by the record of SAID
.tI Judgment now pending on
t.t off mis- honorable court. which
.'.| ..Ir r.Utuucr plays may he made
..n lr.i q part of this petition. to-
N'H Der petition FOR writ or
'r'f .r s1H record and all documents
f.i -.ii'Mnf contained I'm said last
Ntn.4 petition. and the various orders
''t I' irI- honorable court Oh the
'td pros. ding iu error. as fully as II
'i same We're set out ia this petition,
.fI'. ls iu the cas-" OF the COM
i"-al'A % Virginia against Mary
''-.'tIlN. Nu am indictment Tor the muir
Oi ATS. Lucy Jane Pollard
fN con- Inspection of said papers contain
.N -.IN I.If0n and record, II VIII ap-
.I 'nat tlr authorities Of Lunenburg
' NHI'rfe that. until Your petitioner
Na- ordered GO the Jail of the city or
.in.'hI tt me county Court of Lunen-
i- i.r -tft-kceping. your petitioner was
ai Danger of being seized and sum
'eI' executed by q mob without pro-
'tw. ana The said court was 80
t.Ii'1'isNr OF this result thai the Gov
I'.r "a- requested TO keep your peti-
''N.f Iriouulcd by military guard
Mas delortcd from said county.
a. i. Was done
IHE ORDER FOR REMOVAL.
.ilu tle past few days the County
'rt D' Ian nbure has made an order
.It Nr sergeant OF the city OF Rich
'i deliver your petitioner 10 the Shern
t' Nic county OF iuncuburg that he may
hhe boy 10 l.unrmburg Courthouse in
.Nrr that the Judge Of said County
.it may make AN order nunc pro tune.
a. fllnE flc record OF the sentence and
-mtrt pronounced against her
Hti. order ie set out In the petition or
' l 'arioLt. Sheriff Of Lunenburg,
t D 3d. Epps Sergeant OF the city
I.. tmnnI ior q mandamus command
''l tpps to deliver your petitioner
fI.i 'ar1OSH under said order. IN the
'f.. 0f thl. court. the papers IN which
'Ines afe hereby made part or
petition.
falI petitioner further shows that the
H 49, " clifford. Jr.. Judge OF the
Htlt Court OF the city OF Richmond,
'..m..sfd your petitioners petition
Wfit ol hdheas corpus. which is set
thl described ln said naudanus pro-
.'rlues. and has remandei your petit
..i'f ID thc custody Of the sergeant or
E lif ~ kchmond. who Is about 10