Richmond planet., 1896-11-14
SUPREME COURT.
A HASTY REVIEW OF
REMARKABLE DECI-
SIONS.
The Struggle for Human
Life.
How the Victory Was Won.
THE NEW TRIAL
THE NEW TRIAL.
The Enlargement of the Writ.

Richmond was excited, the county
and Solomon MarabIe, Mary Aberna-
thy and Pokey Barnes were at this
time pale with fright
Sheriff VI. G.. FardOza had made re-
peated efforts to secure the removal of
the prisoners to LuDenburg county
where it was generally conceded GER
tain deaih awaited them as armed bo-
dies of men had organized to take their
lives.
Judge Wexford had issued the writ
OF habeas corpus and Governor O'Fer-
rail- had instructed City Sergeant Epps
not TO deliver the prisoners over to the
officer of Judge Organs court.
1t was then with feeling of awe
and anxiety that all looked to the Su-
preme Court of Appeals.
Sterif Cardoza had appealed to it
through counsel for a writ of man.
damus, compelling the delivery Co him
by City Sergeant Charles H. Epps, the
prisoners.
This meant for them instant death,
for armed bodies of organized men had
arranged to lynch them.
THE COURTS ACTION.
The court finally refused to grant
tile VIII VI DUt III l6S q ClS-
ion, it roundly scored the Governor,
and intmated strongly that Judge
Wellford of the Circuit Court had act
ed unwise in granting the writ of ha
beas corpus.
The effect of this was to cause him
TO dissolve the writ.
Surprise was mild designation for
the feeling which followed when this
court granted the novel motion of Capt
A. B. Guigon, providing for the en-
largement of the writ and the deter
tion OF the prisoners in the Richmond
jail in the actual custody OF the Su-
preme Court itself.
THAT NOVEL ORDER.
Never in the history of this or any
other state had any such motion ever
been heard of, much less granted and
it stands forth es the only instance of
where such a tribunal ever took actual
possession of prisoners.
The following is a copy of the writ /:
ORDER OF COURT ENLARGrSe THE WRIT
OF ERROR.
VIRGINIA:
In the Supreme Court OF Appeals
held at the : tate Library Bull
ding, in the City of Richmond
on Friday, the 22d day of
November, 1895.
Pokey Barnes. Plaintiff,
AGAINST
The Commonwealth of Virginia,
Upon a writ of error and supersedeas
TO II judgement re rendered by the coun-
~ court of Lunenburg comfy on the
20th day of July, 1895.
1t is ordered that the writ of error
awarded in this cause be so enlarged as
to require the plaintiff in error who is
now in the custody of the sergeant OF
the city of Richmond to be retained in
such custody until the further order OF
this court; or, If already delivered t.
the sheriff OF the county of Lunenburg
said sheriff is directed to restore hel
TO the custody of said sergeant.
A copy .--Teste:
GEORGE X TAYLOR. g. C.
AS strange as it may seem Judge
James Keith, president of the SUPREME
Court. was always deeply Interest il
the case and seemed to have an intui
tion that the women were innocent
and that the forms of law should be-
rigidly observed.
The decision granting a new tria
was by vote of 3 to ? in favor of tn,
prisoners.
Those in favor of granting "A new til
al were Judge James Keith, Judg
Richard II. Cardwell, Judge Georg
NJ Harrison. Those against grantin,
it were Judge John w. RELY AM
Judge John A. Buchanan.
AGREED ON ONE POINT.
They were all agreed in the begin
ming in the granting of the writ o
error.
The prisoners were tried withou
counsel, and sentenced to death, wit
no exceptions entered.
1t was contended that on this ae
count, the case could not be appeale,
and that the Supreme Court would no
grant writ of error.
This opinion was cOncurred in b
some of the best lawyers in the state
those of minor importance and abilit
being practically unanimous in thi
view of the case.
Hon. George d. Wise held differ
ent view and in this he was cordial
suppor ed by his associate counsel i
the case,-Ex- Judge II. w. FlournO
and Capt. A. B. GuigOn.
BRILLIANT VICTORY.
They won brilliant victory an
set a precedent not only in the gram
ing of the writ, but in the securing of
new trial for their clients.
They finally won every point made
From start to finish the case has bee
a series of surprises. The prosecutio
broke down, and the final release
Pokey Barnes and Mary Alternately is
lasting monument to their skill an
ability, and an everlasting tribute I
that spirit of justice and fair-pla
which permeattd the Supreme COu
and was ever present and vigorous
manifest in the actions of Governt
O'Ferrall and Judge b. r. Wellford
the Circuit Court.
The Supreme Court of Appeals
Virginia occupies high plane. 1t
feared and respected, having made
Fecordfortemporing j usticewithmerC
and hearing the cry of the distresse
rh-O,ob tbo ,,,any Iokv~;ptbe 90 Il