The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-04-29
Clerk or the Hastings Court OF Peters
burg.

burg.
The following petition and answer there
to will explain themselves, and at the same
time show that little justice can be ex-
pected Of the State judiciary wherever the
parties applying for relief are Republicans:
In the Hastings court Of the city of Petersburg,
State of Virginia
To the Hon e. N. Mann, Judge of said court |:
Your petitioners, residents of the city Of
Petersburg, and State of Virginia, and legally
registered voters thereof, would most respect
wit On or about the 26th day of May, 1870,
an election was held in said city Of Petersburg
for a clerk OF the Hastings court thereof and
for other purposes, at which said election one
T. L. Davis and one John G. Armstead were
candidates before the people of said city for
said Office Of clerk of the Hastings court Of
said city Of Petersburg, and that at said cleo
T. l.. Davis was voted for to gil said Office and
received 2,268 votes, and that the said John @.
Armstead was voted for to fll said Office and
received 1895 votes; that the said T. L. Davis
having received majority Of the votes cast at
said election for said Office, was BY the commits
sioners of election, in and for the city Of Pc.
tersburg, declared the duly elected clerk of the
that effect was issued by the said commission.
ers of election to him, the said T. L. Davis.
That afterwards, to wit: On or about the
LIST day of July, 1870, the said John G. Arm.
stead did commence proceedings in the Hust-
ings court of the city of Petersburg to contest
the right of the said T. l.. Davis to qualify as
clerk Of said court, whereupon, after consid-
Grafton of the matter, your honor decided ths
notwithstanding the said Armstead had re-
ceived but . minority of the votes cast for
clerk Of said court at said election, that he,
the said John G. Armstead, was the duly
elected clerk OF the said court, and whereupon
the said Armstead was allowed to and did quail
ify as such clerk, thus defeating the will of .
large majority of the legal voters Of said city.
Your petitioners, therefore, ON behalf
of themselves, as we'll as q majority OF the
legal voters Of said city, feel themselves ag-
grieved at said proceedings, and respectfully
ask your Honor to declare the said Office OF
clerk of the Hastings Court of the city OF Pc
tersburg vacant, and issue writ of election
in said city OF Petersburg on the 26th day Of
May, 1871.
And your petitioners will ever pray, &C.,
Franklin Wood, James q. Plat, Jr., W. M.
Lewis, William G. Pearse, A. K. Nichols, G.
8. Richards, J. A. West, John G. Lyle, Thos
J. McCaleb, William s. Crosby, r. q. Greene,
N. B. Tapley, G.. N. Hamlin, J. h. Oliver,
P. G. Morgan, @. B. Stevsns.
PRrERsBuRs, April 20, 1871.
The record Of the Hastings court of the city
Of Petersburg, shows that at its June term,
1870, petition was duly and regularly filed.
in pursuance of the 60 section of an "act of the
General Assembly Of Virginia." entitled can
act to provide for . general election" APPROX
ed May llth, 1870, contestiIg the election Of
Thomas L. Davis to the Office of clerk of the
Hastings and Circuit courts of the asid city on
the ground that he was ineligible, not being
possessed Of those qualifications which by the
constitution and laws of Virginia, are indis-
pensble to the holding of any Office in said
and, thereupon, after full and fair
hearing of both petitioner and defendant by
able counsel, the court after msturely
considering the matters involved in said con-
troversy, was of opinion, from the facts dis
closed In the papers, and the law, that Thomas
l.. Davis was not duly and legally elected to
the Office Of clerk Of the Hastings and Circuit
court of the city of Petersburg, at the cleo.
ton held in said city ON the 26th day of MAY,
1870, he being ineligible under the constitution
and laws Of the Commonwealth of Virginia,
and being also of opinion, that John q.
Armstead was duly and legally elected TO
the said Office, at the said election, be
being the only eligible and lawful can
didate before the people upon that day,
and being also of oplnion, that said
Thomas L. Davis would not be eligible to