The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-09

judge Guigon decided that the burthen Of
proof was on the complainants to show that
| they were qualified voters. Eighteen Of the
accomplishments were then examined. Nine
| testified that they voted in Madison Ward,
three in Jefferson Ward, three in Clay Ward,
one in Marshall Ward, and two that they
were not voters.
! Mr.. Necson suggested to the Court that
| "a the evidence proved that only three Of
| the signers to the complaint resided in JEFF
| ferson Ward, the question as to the right Of
| the Conservative councilmen and justices to
| the certificate of election might at once be
| decided.
The Judge thought it advisable to 90 on
with the testimony. He would hear the
argument afterwards.
MIR. Andrew Jinkins, clerk of the court,
| was called, and produced what Mr. Maury
| rendered to the Judge as the original re-
turns.
| Judge Crump to Mr.. Jinkins: Was a
paper purporting to contain the returns Of
| the election Of the third precinct of Jetfer-
son Ward handed to you?
| Answer 1t was handed to my deputy
Saturday after the election.
@: In what condition?
4: In the condition you gentlemen found
| it in the other day when you looked ut it.
| 1t was folded and wrapped up in piece of
brown paper and tied with string.
| w. II. Paul sworn-Question Were you
one of the judges of election at the third
precinct Of Jefferson Ward?
Judge Crump objected; that parole evi-
dence could not be introduced to supple
ment the evidence Of the returns; these
papers are not the legal returns these pa
hers. which are relied on as the pol-books,
| were brought to the clerks Office in al I'M
sealed condition. refer your Honor to the
provisions of the law 4; first, as to the pro-
visions relating to the keeping Of the polls.
and second, as to tho keeping Of the poll
books.
The Court You had better reserve that
question.
Judge Ould: He had better wait until I
ask the witness some question to which the
counsel objects.
The Court: prefer to have the question
reserved.
Judge Crump: wish it understood that
| we object to this examination.
Judge Ollld to w. IL. Paul: Were you one
of the judges of election at the third precinct
of Jefferson ward?
A.: Yes, sir.
O.: Did you have charge ofthe poll-books?
A.: Yes, sir.
O.: Look at these poll-books and see if
they are the returns?
| a. These are the books.
| O.: How is it that there are two books ?
A.: Because the judges did not under
stand it. They thought they must keep
books separate, as they did at the registra-
ton, for white and black voters.
| Judge Ould {: That's all we wanted to ask
you. ,-
Judge Crump Mr.. Paul, were there not
duplicates of the books kept?
| 4. No, sir. These are the two received
from the clerk to keep the polls in. can
only tell the difference between them by
the names and the writing of the clerks
who kept them.
The witness then proceeded to state that
there were only two judges present for
more than an hour after the polls were
opened !; that there were two voting-places-
some ten feet apart, and one judge ofhciated
ut each place; that one clerk kept the
white book and another clerk the colored
book, and that there were no dupli-
cate books kept that after the polls
closed the ballots were read until O'Clock
next morning, when all the remaining
were counted and not read; that the books
when deposited by him in the clerks hands
were in the same condition as received by
him from the judges, except that he had
wrapped them up in brown paper. They
|
time he received them from the judges I'M
til he delivered them to the court. The
books were delivered to him by the judges,
and he was selected by them to con-
yey them to the clerk. He came directly
to the City Hall for the purpose of deliver
ing them, but found no one here, and after
wards went to bis home.
The court here took recess.
| AFTER THE RECESS.
Mr.. Neeson: We have concluded to ac-
cept the case presented by our .adversarles,
and have nothing further to offer.
Mr.. Ould: As this is ease in which there
is no jury, and it is before practiced judge
| in such matters, we submit the case with
that argument, if it suits our friends on the
other side.
Mr.. Neeson That is q proposition to
which we do not assent. We would like to
know on what grounds they claim decision
in their favor.
The Court: Iwould myself prefer to hear
! the argument.
Mr.. Crump: AS this IS a case Of tho in
terpretation Of new statute it is proper
that q full argument should be had.
The Court here made an inquiry as to the
| time counsel would be ready with the case
| of the Commemorative attorney, aud was
informed by Mr.. Page that Mr.. Chandler
would be present tomorrow.
Mr.. Mallry In answer to the inquiry Of
the other side, we would say that we rely
on the documents and witnesses as ex-
Dlained before the court. The generality
OF the answer to this complaint is such as to
leave us in doubt as to the grounds OF OBJ
lection to the evidence we have submitted.
| We would suggest to our brethren on the
other side to state their points Of objection.