Gov. O'Ferrall Acts

A black man is pardoned from an unreasonable jail sentence after many citizens protested to the governor about the unfairness of the court ruling.

It will be remembered that Richard Brown, colored, drove a cart for Chas. H. Page, white. When near the corner of Fourth and Franklin Streets, during last December, Brown was hailed by a white man, who asked him for whom he drove. He told him. The man said that the mule was over-loaded. Moreover there was no license on the cart. HE would see his employer about it, at the same time assuring him that no harm should come to him.
Brown had been working for Mr. Page only about two weeks. When he reached the yard Page charged him with having reported him.
Later he told Brown he would have no further use for him. He owed him $3.33, paid him $1.33 and said that he would withhold $2.00 of the money with which to pay the fine, should be it assessed against him [page] in the Police Court, Brown returned the next day, and demanded his money. Upon the refusal of Page to pay him, he declared that he would kill him if he did not pay him. Mr. Page became frightened and paid him the $2.00. He secured a gun and pursued Brown, who ran under some box cars. He then swore out a warrant for Brown’s arrest.
Brown was tried in the Hustings Court of this city and his punishment ascertained at five years in the penitentiary, the charge being that of having unlawfully obtained money from Charles H. Page under threat.
Brown did not strike Page, nor in any wise injure him. He threatened to do it in order to obtain his money which Page unlawfully with-held. Judge S. B. Witt set aside the verdict, it being ascertained under the law, the obtaining of money in this manner was not robbery.
Brown’s counsel, Mr. Wise became so anxious about the matter, that it was deemed advisable to plead guilty to a charge of assault and battery and take twelve months in jail. So while Richard Brown did not assault and batter Charles H. Page, he was nevertheless convicted of having done so and has been serving his time in the city jail.
A delegation consisting of Revs. Jas. H. Holmes, W. F. Graham, Archer Ferguson, and Daniel James, and S. H. Dismond, M. D., R. E. Jones, M. D., and John Mitchell Jr., called on Commonwealth’s Attorney, H. M. Smith, Jr., and then visited Governor Charles T. O’Ferrall in Brown’s behalf about ten weeks ago.
Repeated enquiries at the office elicited the information that the Governor had not in his bulk of applications, as yet reached the papers. On Wednesday, 24th ult. Editor Mitchell took a paper signed by Mr. Charles H. Page, over to the Hustings Court-room. He accosted Commonwealth’s Attorney Smith, who said he would see the judge about it. He went into the clerk’s office where the portly form of Judge Witt could be seen.
In reply to his question, the judge said, “Why, I thought Brown was out ling ago. I had a conversation with the Governor about the matter and he told me he would pardon him. Certainly I’ll sign the application for pardon. Mr. Smith repaired to the Hustings court-room and wrote the following:
“I recommend that the prisoner be pardoned. Mr. Page was the man assaulted. Judge Witt concurs with me and desires me to say.
H. M. Smith, Jr.,
Commonwealth’s Attorney.”
April 24, 1895.
A few moments later Editor Mitchell had filed the paper in the Governor’s office. The brilliant Mr. Evan R. Chesterman promised to communicate to him the result and he left. Thursday, April 25th, the Governor granted the pardon and a day later Richard Brown was a free man.
A visit to the jail on the 25th and information communicated to him that the Governor would pardon him brought smiles of joy to his countenance, while many of the other unfortunates longed for the time when the same kind of good news might be in store for them.

“Gov. O'Ferrall Acts,” Black Virginia: The Richmond Planet, 1894-1909, accessed December 7, 2025, https://blackvirginia.richmond.edu/items/show/1397.