Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-14

Sheriff thought was necessary last sum-
mer: and still. when we fight this move
ment, they attempt 10 show your Honor
that we are without the law. We DO.
however, ask your Honor 10 hold these
prisoners until the Supreme Court can
take action In their case. These gem
tlernen say that no harm can come 10
them If they are taken back to Lunen-
burg: but | say that no one can answer
for that. and we don't want the prisoners
to go. All We ask IL that you hold the
prisoners for one week"
THEY MUST pE KEPT HERE.
As soon as Judge Flournoy took his
seat Judge Wexford rendered his deci-
sion. He said no one appreciated more
than he the extreme caution judge
should us. in the issuance of writs
of habeas corpus, but he considered
this case TO be one without parallel,
and he thought the lives Of the pris-
oners would be endangered n they
were allowed TO 90 back to Lunenourg.
He went into n discussion OF the legal
points involved. after which he said that
he would continue the writ undl We'd
nesday. November Goth.
Judge Mann then asked II that would
not permit the prisoners TO go to Lunen-
burg and return here on Wednesday.
twinkle in his eye: "I'll make my order
distinct. and will instruct the City Ser
gcant 10 hold the prisoners in his GUS
tody. subject To the orders Of this Court.
and TO return them here on Wednesday
Judge Mann then filed n paper with the
Court. which was signed by Sheriff Car
doza, in which he demu,red to the Courts
action.
In the supreme Court.
Counsel for the prisoners again ap-
peared before the Supreme Court yester-
day morning In hopes Of receiving
decision on the motion made by Captain
GugOn for an enlargement Of the writs
OF error and supersedeas awarded by that
court in order 10 make the City Sergeant
the custodian Of the prisoners, but the
court asked for written argument on the
qiest tion. and as this will take some
little time in its preparation II IS not
likely that decision Will be reached
on the motion for several days. In the
mean time. however the prisoners will
remain In Sergeant Epps's custody. unless
the Supreme Court grants a mandamus
removing the prisoners from the Jurisdic-
tion of Judge Well,ord's court. II IS
more than likely that Judge Mann and
Mr.. Southall Will apply fer mandamus
to-day. and thereby attempt to get pos
session Of the prisoners: otherwise they
will be forced to either make their nunc-
pro-tunc motion in The absence or the
prisoners or wait until after Judge Well
ford's writ OF habeas corpus Is dissolved
next "Wednesday.
Has Brcome Very Involved.
The case has. since il was reopened
last week. become the topic of the day.
and almost hourly II becomes more ana
more involved First Sheriff Cardo2a ar
rived here last Friday with an order
from Judge organ for the prisoners,
whose presence was required at Lunen-
burg Court. when a nunc-pro-tunc order
in their case which IL was proposed 10
enter on Monday last should be made.
He was rot permitted by the Governor
to take the prisoners and letter Of
o olana ton written hy the Attorney
General who had expressed II as MS
opiniOn that the presence OF the prison.
ers was rot necessary. was sent by spe-
cial messenger 10 Judge Orgain The
Judge replied Ia this with a renewal OF
HIS demand for the prisoners. and on
Monday issued a rule for City-Serseant
Epps To appear Yesterday and show cause
why he should not be hned ana attached
for contempt I'm that he refused TO sur
render the prisoners when ordered so
10 do by the Lunenhurg Court a writ
OF habeas corpus addressed 70 the Su-
perintendent Of the Penitentiary directing
him to produce the body Of Mary Barnes
in the Lunenburg Court yesterday. and 4
renewal of the order on Sergeant hpps
for Marable Mary Abernathy, ana Pokey
Barnes. were also issued. and placed IN
the hands Of Sheriff Carbon for service.
The SUCCESS ne has met with has al
ready been told.
The Supreme court will hear argument
th,. 10Th Of this month on the motion for
a new trial in the Lunenburg cases.