The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-07

THE CONTESTED ELECTIoN-PRoC
YESTERDAY.-Mr. Maury stated that The
first witness they proposed to swear was
Mr.. Andrew Jmkins, clerk of the liustiugs
Court. vi.
Mr.. Jinkins was then sworn by the court,
and in reply to Il question of Mr.. Mtllry
stated That he was clerk of the IIINings
Court.
Mr.. Maury Arc the returns of the late
election in your possession! ...,..,
Mr.. Nccson here intcrposcd an objection
to the examination Of the witness until the
complaiHlnts in this cause had proved their
qualifications under the statute to institute
these proceedings.
Mr.. injury said the bare avcrIncut of citi-
Zcnship was sufficient until II plea of abatc-
mcnt was entered. The party challenging
the jurisdiction of the court must make out
his plea, and should not try to shift tue
burden of proof. -.-
Mr.. Neeson said the learned counsel had
entirely miSapprehcndcd the nature OF this
proceeding and the objection now raised
This is II statutory proceeding, and the COM
plainants must prove their qualifications
under that statute. They must prove that
they arc qualified voters of the district.
The law defines ward rs 4 district. Citi-
zens Of one ward therefore could not con-
test the election Of Councilmcn for another
ward. This being the case, it was particu-
larly importantithat the complainants az to
the Jefferson Ward Councimen should
establish their qualifications under the
statute to make the complaint.
Mr.. Ollld rGjoincd in substance that the
party must bring himself within the statute
by aycrment--not by proof.
Aftcra prolonged discussion, participated
in by Mcssrs. Ould, Crump, and Maluy,
the Court announced that in view of the
materially Of this question he would prefer
to withhold his decision in order to look
into the authorities cited by counsel. In
ihe mean time counsel could proceed with
the examination of the witness.
Mr.. Crump then asked the Court that the
question us to who are the parties to this
proceeding be ut once settled. Who arc
responsible for the costs? .
The Court am prepared to decide that
question now if it is agreeable to counsel.
MIR. Page: we will submit it without ar
gument. .s .-.
The Court II is my opinion that the
claimants of the offices should now come in
rs the complainants and be made parties to
the record.
MIR. Ould: How would your Honor eff
feet that?
The Court have thought that it should
be done by rule.
Mr.. Ould then drew up the following,
which he submitted rs The form of the pro-
posed rule:
" IL is ordered that the parties named in
the complaint rs contestants Of the rights
of the respondents be directed to appear on
the record and prosecute their claim"
Mr.. Page then asked what decision the
Court had arrived at on the motion TO
strike out the special response of Captain
Wise. in which the right of Mr.. Chandler
to office is challenged on the ground Of
non-rcsidcnce.
The Court: I think the response ad-
missibIe.
Mr.: Johnson then asked that the consid-
Grafton OF the case be postponed until to-
morrow (to-day), he being unwell.
The Court: A felony case is set for trial
tomorrow.
After some further discussion, it was de-
cidcd to postpone the further consideration
of the case until Friday morning ut 10
O'Clock.