Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-05-22
ELECTORAL BOARDS.
INTERESTING PROCEEDINGS IN COURT
AT PETERSBURG YESTERDAY.
Nation for a Jury withdrawn and Psti
toners Replication Quassed-Rnling
Of Judge Bernard.

f,orre,pondencc OF tho Richmond Dispatch.l
PFTEnsnrRG, VA, May u, 1883.
Al 10 O'Clock this morning Judge ID. NJ.
Bernard, Of the Hastings Court, sat 70 con-
tinue the hearing IN the case old W. Couce'
Republican nominee for city treasurer:
against the Electoral Board OF the city OF
Petersburg.
Messrs. Jones & Bernard, counsel for the
petitioner. withdrew their motion on Satur'
day evening for special Jury 70 try the
issue Joined. Mr.. r. Il. Davis, counsei Tor
the defendants, then moved 20 quash the
replication nut IN by tbe petitioner. MI.
Davis made very able argument support
ing hts request, basIng Il upon the fact that
under the Code Of 1887 there IS no provision
in mandamus cases for plcadings subsequent
10 the answer. Mr.. Davis quoted from seFe-
"a, authorities 10 prove that this had been
the common law prior TO statute OF Queen
Anne, which statute bad allowed a speoia'
plea or demurrer 10 be hied 10 Tue
answer in mandamns cascS. hr. DAVIS
showed that this statute had been copieu III
most of tho states " this Union, ana par
f.cularlv in Virginia, where II had appeMeo
m tbe Codes Of 1919, 1S49, 1860, and 1873.
Mr.. Davis showed that II did not appear IN
the Code Of 1851. and that consequently the
common law on The Subiecti revived. Alter
allie argument by Messrs. r. III. Jones ana
George =. Bernard the Judge decided tha'
the replcsiiou should be quashed, 10 Whlch
rulng OF the Court the petitioner TOOK eX-
ccpti0n.
His Honor stated that the answer OF the
ATTENDANTS was not conclusive upon the Pc
tifioncr, but that u now remained TO lry
any issues made by the petition and answer.
on being asked by Judge Jones 70 frame
such issues bis Honor ruled that the only
issue raised and to be tried was whether or
not the judges Of election have Dech ap-
noinfed bv the Electoral Board. This m1ni-
testify. he said. could be the only issue, since
the petitiCn bad said that the judges bad not
becp appointed, and could therefore express
only opprehenSiOns lest the board should APP
noini unfit and incompetent persons. ON
the other hand the defendants, in their an
swer. declared that the appointments had
heen made, and in proof thereof gave full
bst of the Judges and commissioners al-
peintcd. Judge Jones, for the petitioner,
executed 20 this ruling Of the Court. and
the court then took recess until 4;3O I. VI.
In tho proceedings Just before recess the
p,ritiopcr's counsel offered % paper except
ING 10 the answer Of the Electoral Board as
insufficient and not true, and praying tha'
'be UctitlOner ought not 10 be debarrtl from
"a writ II mandamus. The Court very prompt
is ruled thai this was not On exception under
the statute deciding what exceptions are
The Court furthermore stated that II had eA-
aminod the papers M this case critically ana
carefully. and announced its decision n 10
the issue raised sdyiscdly. Evidence W0uid
therefore not be- considered on questions
other than this issue.
counsel for the defence stated tiat they
would produce the records Of the Electoral
Board In court a the evening session.
when the court reassembled az D O'Clock
.ifcr The Judge had again stated the issue
ra.ed By the pleadings 10 be whether or mol
the Judge, OF election bad been appointed 10y
tue Electoral Board, and II so, when, Mr..
George ". Eaucs, secretary OF the board,
was placed upon the stand, and produced
the record showing that the Judges were
duly appointed on the 18th Of Nay, az a
meeting Of the board previously designated
Tor that purpose; that the appoint
ments were not made, however until the
summons had been served upou the mem
hcr, of the board 10 appear IN court
II was here explained that The judges had
moi been app0inIcd before The lst OF March
becsuSe Of the misunderstanding as 10 thC
time the new board elected by the Legi,a.
ture would 20 into Office. Treasurer
Couch, the petitioner, was worn, aud Wa
asked as 10 the politics Of The judges APP
rointed for the Fifth Ward Objected to by
The defence, and the objection sustained
The witness was then asked whether there
were not several Republicans IN the Fiiil
Ward who were competent % act as Judges.
objected to by the defence and objection
sustained. Counsel for the petitioner said
they expected that objection would be made
10 these questions by the other side, and
that the Court would sustain il. They hsC
asked them with the view Of taking an ap
neal and making no \ record. The cast
was here rested, and the Court very
urompfv decided that the answer Of th'
Electoral B0srd was sufficient. and tina
the petition Of Couch for a mandamu
against the board must be dismissed. COunse
for Couch then gave notice that they would
file another petition against the Lieciora
Board, returnaDle At Il O'Clock tomorrow
recurring them to show cause why man
damus should not issue compelling them Il
appoint Judges from the two political partie
IN accordance with the law. The party de
fendauts declined 10 accept such verbal no
tice as a legal service and left the court
room. These cases have excited universe
interest RnG great many people were pres
ent during the proceedings IN The court.
LOOKING TO A CONTEST.
The Republicans are fighting hard, and th
impression is that these proceedings IN th
court, against the registrars and the Eleclo
raj Board are with the view Of establishing
grounds upon which they may make con
ie,t in the courts should the election q
against them, as is now generally believed
Will. The Democrats were never better OF
gamzed. more united, or more hopeful tha
now. They claim that they will carry IN
Second, Third, Fourth, and Fifth wards b.
such majorities a. wiA overcome the Repul
Hcsn malorities in the First and Sixth wards
and that thus they will not only carry ia
Council, but the general ticket.
NEW CHURCHES.
Ground viii shortly be broken at Wake
field for new Episcopal church, to cost,
i said, about $1,000.
Effort. are also being made for the erectio
II a handsome little Episcopal church /
Etirick, and 1t is reported that liberia
hearted citizen OF the village proposes
-. Il asVfta "A