The times. [volume] (Richmond, Va.) 1890-1903, 1896-08-05
NEWPORT NEWS MAYORS
JIDGE BIRHdM DELIPERS HIS
OPINION ~ rms FiMOUs CASE.
lie Throws out the Vote In the Second
Ward and VIII order Another Election
for Mayor in That Ward.

y .
cial.-The report whiclSwas circulated late
yesterday afternoon that Judge barham'
OF the Corporation Court, would render
hts decision in the contested election case
of Post Us. Moss Tor the office of Mayor
of Newport News. brought together a
large crowd OF people, all anxious TO near
the opinion Of the Judge in this already
famous case.
The decision handed down by Judge
Barham this morning throws out the
election in the Second Ward, It being In
his opiuion unreliable. The Judge gives
the defendant in the case an opportunity
20 prove If possible. that he did actually
receive a majority OF votes in the Second
Ward and that THIS majority was large
enough 20 overcome Mr.. Posts plurality
In the other wards of the city.
FRAUD NOT SUSTAINED.
Judge Barham said that in his opinion
the charge OF fraud was not sustained,
and IN explanation OF this opinion READ
Section 20 from "McCreary on Elections
BEGINNING with the opening Of the polls
after 7 o'clock, the Judge reviewed the
entire case, calling attention 10 the serV-
ing of beer 20 the officers OF election while
in discharge OF their official duties. and
the action of Mr. Mountcastle, Judge
al the Second Ward. in marking ballots
and entering booths unrequested by cleo
tors. and in calling time on voters before
the expiration OF the prescribed two and
one-half minutes. The attempt 70 prove
that Mr.. MOuntcasTle was intoxicated
was not, in the mind OF the Judge. sue
cessful
Returning TO tie action Of the judge of
election in entering the booths without
being requested 20 do so by the elector.
Judge Barham called attention to the
power which was given the constable by
the original Walton election system. and
laid special stress upon the authority vest
ed I'm the constable-judge Of the present
election system.
GROSS VIOLATION OF THE LAW.
The Judge claimed that the secroSY
Of the ballot provided for by law was
destroyed when the judge CT elections IN
stead Of remaining in the polling room
and attending 10 his duties there, visited
the booths at will unrequested by the
voter and that In this precinct, there was
gross. criminal. and willful violation OF
the law.
The different classes Of marked
ballots ~ shown by the investigation or
the ballots by the court and the number
of ballots received by each candidate from
each class was reviewed. In the judges
opinion the violation Of the law was
SO gross in the Second ward that the re-
turns from that ward could not be relied
upon.
TO ORDER A NEW ELECTION.
In order that the voters IN this ward
may not be disfranchised an opportunity
will h. given 20 the cOntestce as well
as the contestant 10 show the strength
Of each in this ward. and therefore II Is
probable that before the adjournment OF
the present term OF the court
the Judge Will issue an order
FOR a new election I'm the Second ward
I'm order that the case may be- decided at
the next term Of the Corporation Court.
judge Barham stated that this would be-
done Immediately. but FOR the fact that
the end OF this term Of his
court was so near unat IL
would be impossible 10 give the parties
interested the necessary time 70 prepare
themselves for the contest.
Sam Wilson. the negro man who bor-
rowod a horse and buggy from Elijah
Brooks. also colored. last Sunday and
failed TO return the same. was arrested
Am Hampton Yesterday for the violation
OF a CITY ordinance and Is now in jail AT
fhat place. He will be delivered 10 tho
authorities here as soon as he is finished
with There. Wilson deposited Brooks
prcporty with a debtor OF his In Hamp-
ton.
THE NORTH ATLANTIC SQUADRON.
1t is reported that the North Atlantic
squadron. now I'm Hampton Roads, VIII
come here and coal before leaving Tor
Newport. r.. I.
The Chesapeake and Ohio Steamship
Ccmpany's steamship Appomattox sailed
for London early this morning. The
Anomalous cargo consisted Of miscal-
laneous articles among which is 3i5 head
of cattle valued az $4,000.
The Italian bark Caterna IS taking on
cargo OF stone for Dutton d Townsend,
Of New York.