The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-17

Electoral Board had knowingly and
wrongfuly." as charged delivered lo05
ballots 10 the judges OF election In the
Second Ward. II made no difference. and
would not affect the result of the elec-
ton. therefore. he could see no use under
heaven in introducing II.
When Judge Brooke concluded Judge
Barham said that his understanding OF
the agreement between counsel I'm regard
10 the correctness OF the count OF the
ballots by the Electoral Board was that
when Mr Garrett had admitted I'm his petit
ton that he Judge Barham) should not
sit I'm the case. the latter had said that
he would not sit II this question were
I'm issue. Mr.. Garrett said that II he
were not the presiding Judge. he would
be wanted as a witness 10 prove that the
ballots were correctly counted. Mr.. Bick-
ford said that his side would admit that
the ballots were correct when they left
the Electoral Board.
THE JUDGE OFFERS TO VACATE.
Upon this admission" said Judge Bar
ham. II decided 70 SIT but II there is
now any question about il. will yacate
the bench now.
Counsel on both sides declared their
willingness TO admit that the board had
counted the ballots correctly. but Judge
Brooke stll insisted on his objection TO
the question asked Wyatt Roane. and
court adjourned until . o'clock. while
Judge Barham considered this point.
AFTERNOON SESSION.
II waa 2.3O O'Clock when Judge Bar
ham again took his seat on the bench.
Counsel on either side cited several other
authorities in support Of their respcc-
tive positions. after which Judge Bar
ham announced that he had decided 20
sustain the objection OF Judge Brooke
TO the testimony Of Wyatt Roane regard
ing the ] COS ballots. His reason for this
decision was that even if the fact were
proven IL would have had 10 effect on
the result Of the election. The exami-
nation of Wyatt Roane was then re-
sumcd
lie stated that he Had looked on while
the ballots were being handled and had
examined them closely.
Were many of them marked IN the
same manner. do you Think" asked Mr.
Bickford. And If you think SO. tell me
why you do"
MANY of them seemed 10 be marked
in the same manner with a pencil" re-
piled the witness.
Here Judge Brooke again interposcd
an objection. on the ground that the wit
ness was not an expert in such matters.
Another tiresome argument followed.
which was rather cnlvCucd however. hy
Mr. Bickford's scathlng arraignment of
the judges OF election 30 the Second
Ward hc declaring tlat they We're all
tarred with the same stick. and he had
no conndor &C IN them.
4 MUTE WITNESS.
lie concluded by requesting Judge Bar
ham 10 have the baliot-bOx introduced
I'm court as a mute witness. in order that
it might be seen what appeared upon
their faces Ilc denied thar the ballots
were good witness. but said that he
wished the judge 10 send himself and
have them produced in court.
Judge Brooke and also Mr.. Garrett
coutonded that the ballots were the best
evidence. az secondary evidence should
never loo taken when primary evidence
was In existence.
I'VE will stand by The evidence Of the
baliot-box." said Judge Brooke.
"The Court has no objection TO taking
the burden upon itself said Judge Bar
ham, MIR Clerk. bring in the ballots
from No. > ward"
After short wait he hallot-box and
to be- those from No. ward, were pro-
| duced in court
THE BALLOTS IDENTIFIED.
Are these the ballots which We're cast
in the Second Ward?' asked Mr.. Bck-
ford.
They are so marked" replied Deputy
Clerk Marablc. "but 1 wouldn't swear
they We're the same"
Mr. h. r.. Mountcastle. one Of the
Judges i'm tho Second Ward. was called
and identified the ballots as those cast in
that ward. The judge then opened the
sealed package and retired 10 a private
room, accompanied by counsel on either
side. 20 count the Ballots and examine the
face Of each one.
IL being apparent at ! o'clock that
nothing further could be done this after
noon besides examining the ballots, court
adjourned until $3.50 tomorrow morning.
MUCH INTEREST.
Interest continues TO grow i'm this case.
among the spectators in the court
room to-day being prominent merchants
and business men, There is a deep and
abiding belief among the better element
here that great fraud WAS committed in
the election of May 2Sth, but there is
some fear expressed that the men. who
are responsible for the frauds have so
| clegerly arranged matters that their
crime cannot be brought home to them.
BALLOTS COUNTED.
NEWPORT NEWS, VA. July 1G-Spe-
cial-The count of ballots was finished
tonight and revealed the fact that Mr..
Post mad been credited with four less
votes than the returns made by the judges
showed him to have received.