Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-26

thur, harrison, and Vance a Sub-commit-
tee to conduct the investigation. Ii was
then decided that Mr. Ellis should have
five days in which to file with the com
mittee specifications of the grounds OF
contest, the number Of illegal votes cast,
DC. that then the contestee should have
ten days In which to file his answer, and
then the committee will decide whether
the contestant shall be allowed further
time. When ali Of this is done the sub
committee viii go to Roanoke to take
testimony.
MIR. ELLIs's NOTICE.
Mr.. Ellis, within the time allowed him,
which expired Tuesday evening, laid be-
fore the committee the following paper
a copy of which has been furnished Mr.
Houston:
10 the Hon. n. T. Houston:
Take notice, that in accordance with
the resolution adopted by the Senate of
Virginia instructing the Committee on
Privileges and Elections of said body to
investigate my right to the seat as sena-
tor from the Fourth senatorial district,
now occupied by you, | shall proceed
/ forthwith to lay before the special sub
I committee of said Committee of Privi-
| legcs and Elections the several grounds
and the evidence in support Of the same
| showing my right to said seat That
| YOU may be fully informed as to my
claims and the grounds upon which |
base them | hereby notify you at length
Of the same.
l charge that at the election held for
members of the General Assembly on
the Sthday of November, 1887, | was by a
majority of the legal votes cast at said
election elected the senator from the
| Fourth senatorial district of Virginia,
which position is now occupied by you
that the returns as compiled by the various
commissioners of election in said district
show an apparent majority of eleven
votes in your favor, but that there were
cast for you a largo number of votes
by persons who were not legally.quali-
fled voters and that there were cast
for you a large nnmber of ballots
which, under our statute, should have
been excluded from the count by the
Judges of election Mt the several pre-.
cincts where they were cast, all of which
said illegal ballots are now in the custody
of the clerks OF the courts of the several
counties and cities comprising said dis
trict, and ! shall demand that they be
produced before the committee for their
inspection.
charge that there were found in the
hallOt-boxes in the city of Roanoke not
less than seventy-five ballots, at Chris !
tiansOurg not less than eight, at Kily's |
Mill four, which, as above suggested, |
were menifestly, under the law of Vir-
ginta, illegal, because they did not con-
sist of one piece Of white paper with the |
name of the candidate written or printed |
thereon, but that said ballots were com
posed of two pieces OF paper, one bear
ing the name of the undersigned and the !
other bearing your name, which was !
pasted over that of the undersigned, and |
which said ballots because of their mani |
fest illegality should have been excluded |
from the count, but which, in contro-
vention of law, said judges of election |
counted as legal ballots and credited the |
number of votes which You received |
with the number of these illegal ballots |
so found in the ballot-boxes at each of |
the precincts in said city of Roanoke, |
which said city comprises a part of the |
aforesaid district.
/ charge that when the number of said /
illegal ballots shall have been excluded |
from the count and deducted from the |
votes returned as having been legally
cast for you that it will be shown that |, |
aud not you, have received a majority of |
- L 4 Il s,,t fS,v.l
senator aforesaid and hereby give you
notice that shall pray the committee TO
have said ballots brought before them
for inspection, and if upon investigation
il is found that / AIN correct in making
this charge, then | shall demand that
said ballots shall be deducted from the
number of votes returned as having been
cast for YOU because they are illegal.
I charge that the whole vote cast in
the city OF Roanoke should be excluded
from the count in ascertaining who re-
ceiyed majority of the votes legally
cast and returned at said election, be-
cause the vote of said city has never
been certified to the State Board of Can
yassers under the hand and official seal
of the clerk of the County Court of
Roanoke county as required by law.
/ charge the whole vote cast at Johns
Shop precinct, in the county of Roa-
noke, should be excluded from the
count in ascertaining who received ma
iority OF the votes legally cast and re-
turned at said election, because at said
precinct the clerks of election were not
sworn, if sworn at all, until late in
the evening OF election-day. | there
fore notify you that ] shall not only re-
onest said committee to exclude the
aforesaid seventy-fve illegal ballots from
the count. but also the whole vote cast
in said city of Roanoke and at said
precinct for the aforementioned rea-
sons.
| charge that at least thirty votes were
cast and counted for you by negroes who
were non-resdents that at least five
votes were cast and counted for you by
white men who were non-resldents that
nj least five votes were cast and counted
for Won bv negroes who were disfran-
chised by reason of their having been pre-
vionsly convicted OF felony or petit
larceny. and that at least five votes were
cast aud counted Tor you by infants; all
OF which votes hereby notify you
sball ask said committee, and through
them the Senate Of Virginia, to exclude
from the count in ascertalnlng who was
elected senator from said Fourth senate
rial district of Virginia.
A detailed statement of the name,
canse OF disqualification, and where said
vote was cast of each of the foregoing
voters is appended to this notice asa part
&c the same. in accordance with the pro-
visions OF the resolutions adopted by the
aforesaid committee for the government
~ ,his inquiry. i also charge that at
: VN a. s,otoya were derived. without