Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-12
The question was one which admitted Of

1NNlN 'Idt tIf IlfpTffS were taken lfOlU
the iail OF Lunenburg under o military
escort TO the city jail OF Richmond In
order that they might be safe from mob
violence until the day set apart for their
execution. Continuing. Judge Flournoy
said: When We were employed TO defend
these women they had been convicted
and sentenced to death by this Court, and
We presented Their case TO the court OF
anal arbitrament In this state. and that
court decided that the humble ana helpless
prisoners should not forfeit their lives
until after IL Uhe Supreme CourD had
looked into their cases On the 10Th day
of October your Honor issued an order
directing the Sheriff TO 60 20 Richmond
and bring the prisoners back 10 the place.
which. according to the judgment Of your
SELF and officers was a place Of danger.
Being OF the opinion that the presence of
the prisoners on this day was not neces-
sary, we, as counsel. transmitted a letter
10 this court setting forth our belief that
the prisoners presence was not necessary.
and agreeing 10 waive their presence il
the Court stil deemed il necessary. To
this we received no answer, and we put
ourselves IN communication with the At
torney-General invoking his aid in the
prisoners behalf. lie. upon careful con-
Siderauon, at the request of Governor
O'Ferrall, expressed the opinion that the
prisoners presence was not necessary"
His Honor interjected the remark that
he never received the Attorney Generals
opinion, and Mr.. Neblett said he had not
heard OF IL before Judge Mann stated
that he had not seen Il.
Continuing Judge Flournoy said that
neither the Governor nor the Attorney
General wanted to step between Judge
organ and the administration Of justice
I'm his court, but knowing that Judge
Orgain had not seen the Attorney Gene
raps opinlon, they simply desired to
give him the opportunity Of considering
that opinion ere he heard the motion To
be made. and desiring to do justice 10
everybody. and to avoid sending troops
20 Lunenburg, the Governor withheld
the prisoners.
AS TO THE NEGRO.
Now. your Honor my opinion Of the
negro" said Judge Flournoy, 'is well
known here. So help me God, II / could
take the right Of suffrage from him. Ia
do II quicker than the internal region
would scorch a feather But he has a
soul. and when it is proposed 10 take
that soul away from him. out OF his
body, it should be done with the same
celebration that the law takes in trs-
ing white man for his life"
This remark was greeted with Kisses.
Judge Flournoy paid no attention to this,
however but continued, ana said, that
in a few days the Supreme Court Of
Appeals would pass upon the question
Of whether the women should be brought
back TO Lunenburg to be given a new
trial or To die.
'When you sentenced the prisoners to
die" said Judge Flournoy. you closed
your records in that case forever. and we
claim that they cannot now be amended"
Judge Flournoy again compiimented
the people OF Lunenburg, but said he:
81 know there are bad men here, just
as bad men az are In he'll. and your
Sheriff knows it. He knows that there
are men in this county that would hang
a man Cor the fun Of seeing him kick"
DENIES THE AUTHORITY.
Mr. southall followed Judge Flournoy,
and said that if the Dunc-pro-tunc order
proposed were made. it would have TO be
made in the presence of the prisoners.
Now. sir" lie continued, this Court
has ordered It's prisoners in Richmond 10
he brought here, and this order has been
disobeyed by the Sergeant of the city Of
Richmond | know not by what authority
he acted, hut j know Governor O'Ferrall
had no authority for ordering the Ser
geant to hold the prisoners. The law
says the Executive and Judicial depart
ments of this State shall be segregated.
and they cannot legally clash. Judge
Wexford had the right TO issue the writ
Of habeas corpus. but that did not pro-
hibit Sergeant Epps from surrendering
the prisoners TO Sheriff Cardoza. and we
want him brought here now to answer
for contempt"
CAPTAIN WISE SPEAKS
Captain Wise was the next speaker.
He dispensed with all the preliminaries.
and went into he case with ungloved
hands II was strange thing. he said.
that Commonwealth s-Attorney Nebiett
was never heard from, but that some
one else always spoke for him He
spoke directly 10 the Judge. and said that
il was an anomalous condition when
after having condemned the women 10
death, on the record of his court, he
found. two months after the date set
for their execution, that the record need
cd amending But the question is. VIII
YOU amend it? | think not. Thank
God. we have a Supreme Court. and YOU
and l will obey IT, Now. you kicked
about the absence of the prisoners.
Would YOU attempt 10 amend that re-
cord. II they were here, when you have
never notified them or their counsel that
YOU propose amending IL. or in what par
ticular you propose amending?
Turning 10 Mr.. Southal; you want 10
test the powers of Charles II. Epps. and
see whether he is a bigger man than
George c. Orgain 1t is not Charles ii.
Epps who Is responsible. You want 10
get the right man. IL dwarf and
giant were to call You a liar al the same
time YOU would not do yourself much
-, Ha lusarf and letting
the big man 20. Well SO II is in this
case. Ii was not Charles II. Epps who
struck the blow. 1t was the giant III
was Charles T. O'Ferrall. Governor OF
Virginia, who said the prisoners should
not 20. Now bring him here and punish
him for contempt on no, you won't
punish him, and you ought not 10 PUNISH
Mir. Epps. Your Honor knows he has not
been guilty OF any contempt. He has
only been guilty of obedience to the Gov
ernor of his state. order him here If you
Will He will come, and you may have
fun at his expense If you want TO. Mr..
Epps was not only acting under orders
from the Governor. but from the Circuit
Cont of the cry OF Richmond, and still
these gentlemen would have your Honor
believe that he is guilty of contempt"
MILITARY NECESSARY.
Captain Wise discussed the question or
bringing the women back. and asserted
that IL was as necessary for the military
now. If the prisoners came, as II was
when Sheriff Cardoza ordered them. In
conclusion Captain Wise again stated II
his belief that Sergeant Epps Was not
amenable for contempt, and ere he closed
said:
.Now as to the amendment to the re-
cord. 4 give you fair warning that if you
omen that record j shall have something
TO put there. We will want II shown that
Captain Frank w. Cunningham went
into the grand jury room while that body
was In session. Aye. II that record is
opened we will have 10 let II 'ell the
whole truth; and mean TO fight FOR my
rights If il takes me all winter, al!