The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-02-14


ruling of the court that q qualified voter
WAS not necessarily registered voter.
Judge Woods also ruled that it was
not necessary for the signers of q petit
tion asking for local option election to
have voted at the previous general cleo.
ton, constituting the law to be that the
petition must contain the names Of as
many as one fourth OF the voters who
voted at the preceding general election
This Is to the effect that the names Of
the petitioners need not be on the reg
istration books at the time Of signing
80 long as they are qualified voters.
When the court opened yesterday
morning the room was crowded with
spectators and the number increased as
the day passed by. In tho afternoon
during the argument of the case stand
ing room was at premium.
Clinton Pegram, j. II. Holcomb.
Joseph E. Daniel, Arthur Christian, ).
Il. Campbell, John Traynham and j. E
Dawson were examined and testified
that they did not sign any petition ask =
ing for local option election and they
did not authorize any one to attach their
signatures to any suoh petition.
James Wray, a colored man, said he
did not sign any local option petition or
authorize any one to do 80 for him, but
that he did permit Rev. R. R. Jones to
put his name on a paper looking to the
organization OF q temperance society.
1t was the only temperance meeting he
had ever attended, and had he known
the purport OF the paper he would not
have allowed his name to go on it. He
did not vote either way at the local
option election.
Ed. l.. Lloyd said he did not sign tho
petition as e. L. Lloyd. e II. Donnelly
was recalled and said he had examined
all the registration books except those
OF the First ward, and had failed to find
any voter, either white or colored,
named E. L. Lloyd. William Jones'
colored, said he did not sign the petit
ton, but there were several men in the
city by that name.
o. d. Derr, registrar of the First ward,
said the registration books for the col
ored voters in the First ward was lost,
and he had prepared new list with q
copy of the old books loaned him by Mr.
Asberry. This was used at the election
last May and the local option election
in September. A. s. Asberry was placed
on the stand and he corroborated the
testimony of Mr.. Derr
j. c. Burnett's wife signed the petit.
tion for her husband in his absence con
her own hook" She informed her hus-
band when he returned homo and he
raised no objection.
THIS led up to the most important part
OF the proceedings. Judge Robertson
raised the question that man had to
be registered to be a qualified voter, and
that the 2l3 names on the petition that
were not registered. and who sd signed
the petition, should not be counted.
Counsel for the "Drys" objected and the
matter was discussed at length.
Judge Woods decided that a qualified
voter need not be a registered voter, pro-
vided he had right to register at such
time as he chose to do so. This was
looked like the beginning Of the end as
far as the Hastings Court was concerned
James d. Hobbs was examined con-
corning the list OF petitions no obtained.
He was positive it was correct. Rev.
Richard r. Jones, colored, testified
next, and stated that he placed no
names on his list unless authorized to
do 80. In his testimony he admitted
that he had turned a man out of his
church for working against local option.
At the conclusion OF Reverend Jones'
evidence court adjourned at 1890 o'clock
until 2 o'clock
Promptly at O'Clock court convened,
and Judge Robertson announced that in
Their allegations when they claimed the
petision was not signed by qualified
voters amounting to one-fourth, the
allegation WAS withdrawn. He took
this position in view OF the ruling of
the court, that qualified voter did not
n nacpaoftu h m ho raoiotorod 1pho
"drys" then rested the case and the
argument begun, thus drawing to q
close a case that the counsel on both
sides and the court had supposed would
occupy the week.
The case was argued by counsel,
Judge Robertson making the opening
soeech. He was followed by b. Lacy
HoRe, Judge A e. King and Gel. John
K. Penn for the "drys," and at the
closing argument of Judge Robertson
Judge Woods stated that he would take
the case under advisement and would
probably render his decision this NOM
ing.
The ruling of the court on what con.
ssitutes qualified voter practically
decides the matter, and there is little
doubt that the application OF George
X. Moore for license to sell malt lisuor
at 10 Salem avenue will be refused
1t is generally believed that bill of
exceptions will be filed this morning
and the whole matter taken to the
court Of appeals for the anal decision
South Carolina Doesn't Like the Income
Tax.
CHARLESTON, S. c., Feb i3.-1ho
Charleston chamber OF com merce cele-
brated its 10th anniversary to- day
with a handsome banquet. AT tho meet.
ing in the morning q resolution was