The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-02-11
SUPREME COURT
LACKS COURTESY
Judge Hundley Criticises Tri-
bunal In Letter to Gov
ernof
CHANGE OF VENUE
SURPRISE TO HIM
Circuit Court Jurist Claims it
Was His Prerogatlve to De-
signate Transfer of Case
to Another Viscinage

AS Judge of the Fifth Judicial Cir
cult, which includes the circuit court
OF buckingham county, when Dallas
Wright, a white man and Richard
Perkins and Ed Jones. two negroes,
were convicted of the murder OF two
old men and burning their bodies
in their home, Judge Jeorge j.
Hundley has taken exception to a
ruling Of the Virginia Supreme Court
OF Appeals, and has written letter
to Governor Mann. on the subject.
In his letter to Governor Mann.
Judge Hundley states that The Court
of Appeals has entered an order di-
recting the circuit court OF Bucking-
ham to order the venue for the trial
of Richard Perkins and Ed. Jones,
to be changed to the Hu2>lngs Court
Of this city of Richmond, without car
rying the accused back to Bucking-
ham county"
THE Judge OF this court is of opin-
ion that section 4o36 of the Code of
Virginia invests this court, exclusive
ly. with the discretion to determine
and name the court to which the
venue in these cases should be chang
ed. A discretion which liz liable TO
be reviewed. on appeal. after 1t has
been exercised. but until exercised by
tho court on whom 1t is conferred, no
rightful power exists anywhere to
control forestall or direct Its exer-
else. The judge OF this court. IL al
lowed to exercise this discretion,
would have deemed Il prejudiciai to
the cause OF Justice TO send these
cases for trial to 80 remote point
as the city OF Richmond. when they
might have been sent to some neigh
boring county. easily accessible to the
nrtaA
could have had an absolutely free
trial.
Viewed in this light, the order OF
the Supreme Court appears TO lack
that fine spirit OF courtesy and comfy
which one court has the right to ex-
pect of another. and especially OF a
court Possessing the boyer and pres
tfge of court OF aasx resort A
sense OF proper respect for himself
for the dignity of the office which he
holds and for the high tribunal which
issued the order impel him most
regretfully to say this much He
could not say less and VIII not say
more.
Judge Hundley further states in
his letter that he had ordered a spe-
cfal term of the circuit court of Buck
ingham to be held Feb. 20 to try
the cases OF these negroes and asked
that the governor designate some
other judge to sit as he did not deem
1t proper to preside on the occasion.
Judge Witt to Sit.
Complying with this request Gov
erncr Mann on Saturday ordered tina:
"a commission be issued to Judge
s. Is. Witt to hold a special term OF
the circuit court of Buckingham to
be held Feb. 20 to order the venue for
the trial OF Richard Perkins and Ed
Jones to be changed to the hastings
court of the city of Richmond with
out carrying the accused back to
Buckingham county and also TO do
ALI things Necessary OF proper to he
done in the cases mentioned, and ike.
wise in the case or W. Dallas Wright"
The governor declined to discuss
the point raised by Judge Hundley
that IT WAS the iatter's prerogative 10
name the court to which the venue
should be changed.
Clerk JefaSs,-t,f- the supreme rolirf
of appeals. said he did not think any
OF the judges OF the court would dis
cuss the matter.
History OF Case.
The case Is an old one and the
prisoners have had several trials. They
were finally convicted and sentenced
to be eiectrocuted for the murder of
the Stewart brothers.
On appeal to the supreme court
the negroes were granted a new trial.
but the sentence OF Wright, he
white man. Was not interfered with
This was done on a technicality, the
court expressing regret at the neces-
sity which compelled the action.
Governor Mann has respited wrtgh.
and the latter's lawyers are mo king
a desperate fight for a. new trial Tor
the prisoner.