The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-02-13

has amounted to practically nothing,
the local option election contest came
up in the Hastings Court yesterday in
the form of an application of Geo. X.
Moore for license to sell malt liquor at
10 Salem avenue, bis application having
been approved by the board of excise.
The case will probably BIO a tedious one
and may continue throughout the week.
The case under the mandamus al
ready before the court was dismissed
by Judge Woods on motion of Judge
William Cord n Robertson, Of counsel
for the "wets," who also asked that the
privileges set forth in the application
be granted. At the request of Col
John E. Penn, of counsel for the 'drys,"
the following gentlemen were entered
as opposing the petition: j. NJ Gam
bill, b. A. Jones, T. II. Fishburne, Il.
w. CroZier and f. e. Davis.
Judge Robertson opened the case and
stated the petitioners based their case on
these grounds: That section 5Sl, of the
code of 1887, under which this election
was held, requires that onefourth of
the persons voting at the preceding No
vemb Der election sign the petition, and
that they intended TO show that much
smaller number signed; that tn re were
at least fourteen names on the petition
duplicated; that there were ifty-five
names on tho petition not put there or
authorized by the parties; that there
were 2l3 voters who were not qualified
voters at tho time they signed the pc.
tition; that the order OF election was not
issued in ten days after 1t had been re-
ccived by the court al tho law requires,
and that there VAS no writ OF elecLlon in
this case; that the notices were not
| lQUaIl v nD9tpU in tho Fir W r1 nd tl,nt
there was no colored registration book
in that ward. He also stated that they
did not rely on the polls being closed
before shutdown.
Colonel Penn moved that, as these
were practically new grounds, tho case
be postponed ono week to give counsel
time to prepare an answer. The court
ovnrruled the motion and the trial con-
tinued.
The first witness examined was Louis
Scholz. He testified that he had ex
amined the list OF petitioners; had
copied the original, checked off with the
poll books of 1892, and had found only
655 names Of persons who had voted at
the November election. In the l 1913
namos, 728 did not vote at the pre- ceding
election. The number of the voters at
the November, 1892, election WAS 4,6S6.
One-fourth of that number is 1,l72.
There were fourteen names that occurred
twice on tho petition. The witness had
compared the registration books, and of
the 72S names not in the poll books of
1892 Sill were registered ana 2l3 were
NOT registered. Two who voted in 1892
were not found on the registration
books. Rev. r. R. Jones paper had o.
names apparently in the same hand
writing.
j. R. Tillett stated that he put up tho
notices of the local option election. He
thought no posted them on Tuesday or
Wednesday, Judge Woods returned
home, and they tore down the first
notices and put up others. He did not
make any return OF the order to the
court or tho clork. He had no writ.
Ono notice was posteo at tho courthouse
door, one at the voting place of the
Second ward, ono at tho window of the
building in the First ward, in the
Fifth ward one was posted in the win
dow of tho Patrick building and on the
Moomaw building. In the Fourth ward
the notice was posted at tho engine
house. Copies were given to the judges
of election. This order was appended:
"In pursuance with the above order
notice is given to the voters of tho
city OF Roanoke that the election will
be held on certain day" Tho ap-
pendix was signed by j. B. Trayn.
ham, city sergeant. In the First ward
the voting was done twenty-five or
thirty feet from the front OF the build
ing He posted three different sets,
one of the first order and two OF the
second.
e. II. Donnelly, who assisted Mr..
Sholtz in his examination OF the returns
and registration books, was examined,
and corroborated Mr.. Scholtz's state
ments.
After recess Of an hour and half
the woi k Of examining witnesses was
resumed and Lee Windsor, colored, was
paced on the stand. He stated that he
did not sign his name to the petition or
authorize any one else to do so.
Leon Theiry, whose name appeared
on tho petition, stated that he did not
sign 1T or authorize it done.
ID. c. Hays and Jacob Davis, both COL
ored, testified to the same; that their
names wero placed on the petition with
out their knowledge or consent.
Jefferson L. Kelley testified that the
signature of j. l.. Kelley on the petition
was not his, but it was shown that two
mon in Roanoke answered to the name
Of j. l.. Kelley and this testimony was
abandoned.
James Henderson and Nj. j. Phillips,
both OF whose names on the petition,
testified that they neither signed the
petition or authorized any one to place
their names thereon.
The court adjourned at 5 o'clock until
this morning at o'clock.
Charter For the Richmond and Manassas
Railroad.
RICHMOND, Va, Feb. 12.-The bill to
charter the Richmond and Manassas