The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-26
NEWPORT NEWS MAYORS
MUCH Skill SHOWN BY COUNsELN
THE CONDrCT or the CASE.
Tho Evidence Tends to show That Con-
stable Mountcastle Laid Himself open
to Very Grave Penalties.
(staff correspondence)

NEWPORT NEWS, VA, July 20.-spe-
cial Now that all the evidence in the
Post-Moss contested election case mas
been brought out, and the whole matter
submitted 70 the judgment of Judge bar
ham. an impartial observer VINO mas
been present throughout the trla'' can
no, hut admire the skill and address
with which counsel for the contestant
have handled their case; how, INK ny
link. they have constructed chAA as
nearly conclusive as circumstantial e'l-
dence can be made.
II r. f. Mountcastle, the consuble-
Judge. be innocent Of the charges lald 10
his door appearances at present seem
very much against him. II would seem
that he was the chosen tool to execute
fraudulent designs. II the testimony OF
witnesses can be believed.
MOUNTCAsTLE IN TROUBLE.
IL was i'm evidence that so strongly was
he interested I'm the welfare of Mr.. Moss
that he laid himself open to fine OF
81 900 and twelve months imprisonment
by dispensing beer 10 the voters after
shutdown the night prior TO election, con-
trarv 10 the law. which says liquor shall
neither be sold nor given away between
sunset before election-day and sunrise
cution introduced 10 show Mr.. Mountcas-
ties interest in the matter.
II was also shown that $50 was paid
for the beer consumed on that occasion.
whereas. only about Sl2 worth was actual
lv consumed The prosecution drew from
this the inference that the extra s3S was
paid 10 Mountcastie for ser ices render
ed
They proved by n number Of witnesses
that Mountcastle all during election-day,
arrOgated to himself more than the
powers accorded the special constable
under the Ubiquitous election law; that
he repeatedly and persistently violated
the secrecy Of the ballot. and that I'm the
face Of earnest protests from various.
quarters.
MOUNTCASTLE'S PROPHECY.
The prosecution led up 10 the intro
ducton Of proof Of Mountcastles alleged
fraudulent transactions on electlon-day
by putting Mr.. T.. w. Johnson on the
stand This gentleman swore that three
DAYS prior TO election Mountcastle had
said TO him: Moss viii win In No. 2
ward; am Judge OF election"
So vital did this testimony seem 10
Judge Barham that he himself closely
Intercepted the witness as 70 whether
tence were separate Alterations. or II
the truth OF the former depended upon
the latter being true
Mr.. Johnson replied 20 his questions
bv the blunt. straightforward assertion
that the impression made upon his mind
from Mountcastle's manner was that he
intended TO use his position as judge
To see that Mr. Moss won.
When Mountcaste himself was examn-
cd on this point he would never deny
having made this statement 20 Johnson:
only declaring that II he had he did not
remember g.
THE PENCILED BALLOTS.
Another rs-ong point-the strongest. I'm
fact. in an the testim0ny-was the batch
OF ballots marked precisely alike. rs re-
CARDS The pcrcil-work. and strictly i'm
accordance with M0untcastle's political
predictions. So much were these ballots
alike that a child could have picked
them ont from the rest To strengthen
the theory that Mcuntcastle marked
these tickets he was shown TO have had
a blue pencil on clectiOn-day. and blue
was the prevailing color OF the marks
To Offset this claim the defence declar-
ed that even II IL were admitted that
Mountcastlc had marked these tickets
there was nothing 10 show that he did
not do so in accordance with the di-
rection Of the voters
The prosecution answered this by show
ing that enough witnesses had testified
70 suspicious actions on the part of
1lountcastle 20 discredit thar theory al
together
The trend of the evidence has won
many who had asserted that the cleo
ton was fair 10 Mr. Posts side OF the
case. and there are many predictions to-
day that Judge Barham viii decide in
his favor
BE his decision what IT may. however
everybody here is convinced that he viii
do what he honestly believes 10 be rirht
The opinion entertained Of Judge Bar
ham here can best be summed ND in the
expression OF prominent ctizon ~
day: "If had a law suit with judge Bar
nam brother said he. OF would he
willing for Barham 10 decide the case"
II. ID. p