The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-15
MANDAMUS ASKED FOR.
TINE ELUNENBURG GLAWYERSA
TO THE SUPREME cOURT,
Asking That the City Sergeant he Conn
pelled to Turn Over the Negro Prisoners
To Sheriff nCardoza-To Decide To-Day.

Soon after tho Supreme Court Of Ap-
pcals opened its session yesterday morn
fng, and after the record OF the previous
day had been read by Cicrk Taylor. Judge
w. ii. Mann stepped TO tho front. and
5n addressing the Court presented a petit
ton for writ Of mandanus on benalf
OF Al. c. Cardoza. the sheriff Of Lunea-
burg county. against Charles IL. Epp5.
Sergeant Of tho city OF Richmond. to
compel the latter official 20 turn over 10
the petitioner the three coiored prioners,
Solomon Marablc, Mary Abernathy, and
Pokey Barnes. When asked by Judge
Keith. who presided, what day ) inscl
desired TO have the writ made returna-
BILE. Mr.. r.. G.. Southall. the as g. tc
OF Judge Mann, suggested next MondSy
morning.
Attorney-Goneral Scott, who repre- Scnt-
ed the other side suggested that 'he
matter be disposed Of at once, au 1t
wa4 finally agreed that the writ lie
made returnable this morning az the
opening Of the court.
1HK AIToRNEY-GESEnALs ANswFR.
The Attorney-General was busily en-
gagged yesterday afternoon In preparing
his answer 10 the petition, which lie
will present to the Court this morn
ing Inc exact fOIl'Dlr VI lIt HtAi-
tiOn will not be given out until bcth
pagers become public property. after they
have been presented to the court to-day.
II is understood, however, that Z pre-
sents a condensed history Of the entire
case, and gives the reasons why counsel
thinks the petition should not be grant
ed.
This new move on the part Of counsel
for the Luncnburs authorities mas put
a different aspect on the case, for Sheriff
Cardoza. as well as City Sergeant Epps.
viii not start for LunenbIrg Courthouse
until this petition has been finally dis
posed Of.
CAPTAIN FPrs DID NOT DODGE.
The impression has pone forth that
city Sergeant Charles II. Epps was dodg-
ing Sheriff Cardoza on Wednesday. when
ne knew that the same had a rule for
him 20 secure his appearance inI the
County Court of Lunenburg TO show
cause why he should not be punished
FOR contempt OF court, in failing to pro-
duce the prisoners I'm that court
The fact I'm the matter is
that Captain Epps was confined
90 his bed all day with neural
gia. and when Sheriff Cardoza called on
him az L. A.. he was comforting with
Deputy Sergeant Ferneghough as TO the
advisability OF leaving that night for
Luuenburg. At the suggestion Of the
sheriff. he then postponed his departure
until yesterday and after the filing cf
the petition by Judge Mann, it was
agreed that the lawyers, the sherin. ana
Mr. Epps should 30 together, after the
Supreme Court of Appeals has disposed
of the petition.
TO HtAE ORAL ARGUMENT.
In view of the seriousness Of the>case
and the pressure Of time. the judges of
The supreme Court Of Appeals have de-
cled TO ucViate from the established
rule and 20 allow oral argument to-day
on the petition of Judge Mann.
Supreme Court of Appeals.
The new Court IN its new quarters con-
flnuCs 20 "uIaw,' and there was again
lerge attendance upon its sesi1n.
The routine proceedings were as fol-
Trustees Of Emory and Henry College
Ns Shoemaker College and others. Further
argued by Mr. Bullitt, OF Bullitt
Nos j. 2. and g. on the argument docket,
we're pi ssed. and No. was continued.
so. o. Jammison VS. Chesapeake and ONO
hallway Company Argued hy \. ;. seq r,
Esq. FOR appellee and submitted.
The Lunenburg murder cases took a
new turn in the petition OF Hardo]a,
Sheriff. VS.. Epps. Sergeant which was
fled and may be heard from to-mor-
Keesec VS. Melvin. Petition for manda-
Garland VS.. Garland. Sergeant VS.. Ir-
wing and Niolctto VS. city Council or
Alexandra. were placed ON the privileged
docket for the January term
Casey Us. Checks EN'ors. Appeal ana
supersedess allowed TO decree OF Cor
pcration Court of Danville
Marchant vs.. HeHly. Appeal and super
ssl,as 10 decree of Circuit Court OF
AidllescX.
Writs of error or appeals were refused
in the following cases. Dean vs.. Com
monwealth. from warwick Circuit Court
StCi cman ys. Commonwealth, from car
roll County Court. Bunch vs.. Common
wealth. from Corporation Court, Char
lottesyille Myers SIS. Summey. from
Shenandoah Circuit Court; Albright vs.
Haymakcr from Montgomery t.rcut
Court. Harrison vs.. Richardson. IRON
Law ana Equity Court OF Richmond
city.
error and appeal have been awarded
since the Adjournment of the court at
Staunton
petition for e. rchearng was allow cd
10 a decree entered by this court at Staun-
TON i'm the case OF Suillmau ETC.. Us. Gill
pn. ana in ilouck Admins TRAITOR VS..
Innham and kerfoot petition for re-
hearing was refused.
BENJAMIN Watkins LeiEh-a name that
awakcus some proud echoes OF this court
in the past-was allowed TO practice there
iu.
Among me nonresident attorneys pres
ent. not mentioned I'm proceedings, We're
Judge r. s. Ga'nctt of Norfolk;
Colonel Paul. OF New York. John -. Viii
fi~r-. ffH4fn..t E4uIlI I.rfuf of