The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-05
ALLEGED ELECTION FRAUDS.
THREE CONSERVATIVE JUDGES BE.
FORE THE POLICE COURT.
THEIR CASES CONTINUED.
AComplaint from Col Normand Smith.

AComplaint from Col Normand Smith
MeSsrs. James Macdougal, John Marx hau
SEP, and James S., Morrison, charged with
violating the election law ut the First pre-.
cinct in Jefferson Ward on Tuesday last
went before the Police Court for examipa.
ton yesterday morning. The courtroom
was so densely packed with spectators seri
Gus fears were entertained that the floor
would give away, and, by order of the Po.
lice Justice, Sergeant Chalkley compelled al
persons not witnesses or members Of the
bar to retire. The accused were represented
by Major Ro. Stiles and Messrs. G. Y. Mere.
ditb, s. NJ. Page, and W.T.. Royall.! Judge
Robert Ould, Of their counsel, was engaged
at his Office, but was ready to leave and 60
to the courtroom should his services be de.
handed. h The complainants were repre-.
sented by MIR. John S. Wise, General j. D
Imboden, and Mr.. James Neesou. Mr.. E.
c.. Cabel, Commemorative Attorney, was
present, but took no, active part in the pro-
ceedings.
Messrs. Macdougal aHd Marxhausep,
judges Of election, were present to answer
charge Of abstracting ballots from The bal
let.box, and substituting others In th cir
place. Mr.. Morrison was charged with
giving colered men counterfeit Independent
tickets. After their arrival at the courtroom
Messrs. Macdougal and Marxbausen were
served with another warrant, charging them
with misdemeanor, under section 4S Of chap
ter s OF the Code, 10 relation to corrupt con.
duct of election officers. This warrant was
issued by Justice Crew on Wednesday eve.
ming, after the others, but was not served at
that time because the accused had. already
given bail for their appearance, and it was
not desired to subject them to the fresh an
noyance of finding surety. =.
About thirty, white and about forty col
ored men, who are under the impression
that they voted the Independent ticket at
MacdougaPs precinct, were present as Wit
nesses for the prosecution. Some four or
five witnesses for the defence were also
called. Mr.. E.. j. Walden, who was the In.
dependent judge at the precinct, and whose
clear and satisfactory certificate Of the hon.
esty of the count has already been published,
was summoned as a witness for the prosecu.
ton. #5
Major Stiles, on behalf OF the accused,
asked that the case be continued until next
week in order that counsel for defence
might have time to examine the law and to
find out what witnesses it would probably
be necessary for them to summon. :
Justice White suggested that it would be
we'll to go on now if possible.
Mr.. Wise objected to q continuance on the
ground that the witnesses were nearly all
present, and were losing time from busi-
ness, &C., &c IL.
Nlr. Page reminded the court that war.
rant had been served on two of the ac-
cused since they came into the court. t.room.
The Police Justice said it was not pro-
posed TO 60 into an examination of that War.
rant now.
Major Stiles named next Tuesday as day
that would suit the defence, and urged
continuance until that time.
Mr.. Wise claimed that continuance was
not matter Of right. He would like to see
an affidavit az to the necessity tor q continu.
ance of these cases. There were other pre-
confessed that it was desirable to get through
one job before commencing another.
Mr.. Meredith very clearly showed that ac-
cording to the practice Of the Police Court
they were entitled to continuance. o'
After further discussion by Messrs. Wise
and Stiles, Thursday next was fixed upon as
the day for the examination Of the cases.
Tuesday, as first named, did not suit Mr..
Cabell, the CommonWealth's attorney, who
on that day proposes to commence the trial
Of Colonel Joseph Mayo in the. Hustings
Court. ~ ~ ii-g = - g2s.gsf wi
Mr.. Cabell remarked! to Mr.. Wise that he
thought Mr.. Walden oughtto be arrested.
Mr., Wise, said be would have Mr.. Walden
arrested with the greatest pleasure If he
could see q prospect Of ,convicting him.
Mr. Wise now demanded access to the re.
gistration. book which had been used by Mr..
McDougal on The. day Of election aud been
produced in court in obedience to- the sub
poeaa duces secum directed against Mr.. Mae.
dougal. Mr.-Wfse desired TO ascertain the
residences of certain voters whom ne wished
to have summoned AS witnesses.
Counsel foraccused entertained some doubt
whether Mr., Nacdougal could thus be COM
spelied to furnish information agaiast hlmselt,
but the Police Justice said sIthe book was q
public record, and Counsel for defence then
acouiesced In Mir. Wises demRnd.ts.e
~ Accused were admitted to bail in the sum
OF S5, 900 each. Mr.. George D. Thaxton pne
.dertook for MIR. Maodongal, Messrs. Ct. auv.
rernator and Ben, r., Lipscomb fox Mr.. MARX.
thausep, and Nessrs james M Tyler and
Charles Simpson for .Mr. Morrison.
v. aE0In SlQ6S tMStG uditStHlIJ euSuSo0 a. WI
,ieeting evidence Yesterday. The prQsecution
mM have ON hand iDext Thursday about one
hnnired and thirsy3 witnesses 70 4r0ye1 that
aeoocding to the best OF their knowledge and
heEaf they voted the Andependent ticket.
on the other hand, flej ldges will hs able 10
steE by Mr. Walden, for he has 30 stated to
many different spefsoHgs sseaides putting Y j iip
writing, and by other tsstlmoDys that SO aar
us they were PIE tawi sgss strictly
!! we are informed that thefaccused WI
have the benefit of the e6HHsel OF.
Judge Robert Ouid, Judge u. Crnmpsl
HajSf Legk RI Page, jL.st Royaib G. "
aesedith, And samuel d, ! Page The latter
q The senior counsel for Mr. Morrison.
rnarD uYoY coIosEI KoiNaaD sAlTH. Isss
since ruesdsy complaints have been fre.
heard from true friends OF Cofone'
sormsnd .Smith that his interests jat the
lection, were We eusfstsiy sacrifs sed, .apG she con.
ract With him rndely bfoken hey the Inde-
DesieiBg 10 learn the truth, ra-
orteE OF this paper yess serday eyening visit.
d Colonel Smith at hls Tesld ldeDces anou1 aTQ
ailes below The ciey, aid bad a eonYefs salon q
Fith hia on the snbfe
Colanel Smith did nps sssstats 20 ssy faat 'sl q