Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-22

protecting them Not that believe
them TO be in any danger, but do not
care 10 take any chances, anu would pre-
fer 10 give them all the protection
tEat can possibly be thrown around
them. sheriff CarioZa has been tele-
grSphed for ana will arrive here to-mor-
row morning at O'clock and he
can't possibly get his prisoners away from
/ here before tomorrow noon. II he
doesn't 20 then. he couldn't possibly
reach Lunerhurg Courthouse in time for
| the County Judge 10 enter a nunc-pro-
tune order this term, az IL Will take ten
or twelve hours to move Il large body Of
men across the country for distance Of
twenty-five miles. 4 further continu-
ance OF this case would look like de-
NAL OF the right OF the Lunenburg
court to enter its orders or control its
prisoners. Every question in the case
is now res adjudicata.'
ENTIRELY EXTRANEOUS
Judge F1ournoy concluded the argument
for the defence. lie said. III your
Honor please. my distinguished friend on
the other side Informs this court that
We, the prisoners. have taken this case
10 the Supreme Court. and that it has
been decided against us. They took it
there. and IL was determined against
J
a mandamus. and the Court decided
against them. with all respect to my
friends VINO have urged that, because
OF the limited time they viii have to
rush the prisoners out OF this city to
the county of Lunenburg. | say that is
matter with which this court has
nothing 10 DO. Your Honor has nothing
20 do with whether they enter their
nunc-pro-tunc order or not. II they have
right TO amend their record. and have
been prevented from doing so by obstruc-
tons OF legal proceedings. n isn't TO be
imagined for an instant that the Su-
preme Court Of Appeals would try the
ease without giving them time in which
TO make their amendments. All the talk
about the time l. VIII take to convey the
prisoners TO Lunenburg is eStraneous. II
ouChtn't 10 make a difference 10 YOUR
Honor whether IL takes 100 hours or not.
Now, we desire short space of time
until tomorrow morning. 10 examine au-
thorities. and 10 enable us 70 put our
selves before this court and discharge
our duty to these prisoners. who are
under sentence Of death We have not
yet taken the responsibility of asking your
Honor not TO remand the prisoners TO the
custody Of the jailer. and We don't know
that we shall"
DECISION or THE COURT.
Mr. Southall was about to reply 10
Judge Flournoy. when Judge Wellfori. in
terrupting him. told him IL was not neces-
saty 20 proceed further, as he had de-
cided what re would DO. Continuing the
Judge said:
There is no reason why | should DELAY
] would be very glad TO indulge the
counsel II l could. suppose that IL is
upon the point Of obtaining 4 writ Of
Z.
for the delay. and think they should
have time In which 10 look up authorl-
ties. ] have no hesitancy In SAYING now
what my judgment is This writ OF error
was granted FOR the purpose Of allowing
the Court Of Appeals 10 pass upon the
point which was presented in the pcti-
ton. thought that point was one which
10 judge could precipitately adiudge
against the prisoners b. refusing The writ
The Court OF Appeals have amply con-
hrmed that opinion of mine by having fun
argument and taking week 10 dispose
of II. \ question which the Court Of Ap-
peals would take that time to adiudge
ought not 10 be precipitateiy adjudsed IN
refusing a wit of habeas corpus Their
opinion have Just seen II Is abundantly
conclusive as TO the ground upon which
this writ was awarded They have decided
that these prisoners were IN the custody.
County Court Of Lunenburg They have
determined that the prisoners must he
iemauded.
ONLY ONE POINT DECIDED.
Il must be allowed to say further.
however. that IL this writ Of error which
counsel refer TO is TO be upon the iudg-
ment Of the court as announced upon the
writ Of habeas corpus. | should be very
glad 10 give them opportunity TO examine
the record and familiariZe themselves
with The facts There is man of flesh
and blood presented TO the supreme Court
90 grappie with; they have transformed
him into a man Of straw. They have
treated this case a. il ~ not upon the
records. They have represented II as a
case in which complaint H. made Of the
custody of these prisoners by Mr.. Epps.
and upon the simple ground that though
IN lawful custody. he may at some future
time he removed. The facts show that
the application was 10 have the transfer
10 what they call lawful custody. The
writ WAS served upon Mr. Epps because
the transfer had not been made II was
addressed IN the alternative because the
transfer hai not been made, and 70 pie
vent its being made Courts Of justice 10
not lock their doors after the horse Is
stolen. and when "A case j. presented
that, though ia lawful custody. prisoners
are upon the point Of being transferred
10 unlawful custody. ! apprrhend that it
is sticking in the bark IL yOu wait until
the matter has been c0usummated before
taking action. While do not regard the
supreme Court opinion a. decisive, Of
every point. and while the object Of this
mandamus was 10 bring all the questions
up 10 the court. yet as they have dis
posed OF the only question upon which
there was any doubt. the Judgment must
be 20 remand these prisoners 10 the Ser
geaut subject 10 the County Court OF
Iuncuburs. The only question in my
mind at an is what has been stated about
the prisoners not being carried away by
noon Tomorrow. II counsel can show any
authority or any right for suspending
the order l would bee very glad to SEE it,
but as I read the code there Is no such
power DO not think I have any au-
thority 90 suspend. but before ! finally
dispose OF the matter | will just continue
the case until $50 o'clock tomorrow"
Alr. Southsll objected TO the contnu-
ancr, and stated that he wanted to make
prepaTation for removing the prisoners
Judge Wexford replied 10 him that he
thought he could safely notify Sheriff
cardoza. as he had no Idea that counsel
could produce any authority 10 cause him
TO longer hold the prisoners.
sTHtCk ny A> EXTRA TRAIN.
4 Tramp Badly Injured on the Rich
.,..na mud petersture HuilroaI.