The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-16
The MAYORALTY MIDDLE.
The Contestants at Newport News Max
Ing a Hard Legal Fight.
Mr.. MOSS SECURES new COUNSEL.
A Number of the Witnesses summ0ned
Not on Hand-The Question OF - Demur-
rer Argued, but Decided by the Court
Not to be Admi ssible.
(Staff Correspondence

NEWPORT NEWS, VA. July i5.-Sps-
cial.-T1e contested election case OF
lost against Moss vas begun promptly
at 10 O'Clock this morning In the Hastings
Court OF this city. As has been stated
in The Times. the case was postponed
from Monday last until to-day IN order
that the place Ct Judge Il. l.. Henley. who
was prevented by sickness from appear
ing as one of the counsel for Mr.. Moss.
might be- filled.
When court opened this morning. Mr..
A. G. Garrett. senior counsel Tor MI
Moss, announced that he had secured
Judge d. Tucker Brooke Of Norfolk to
assist him. He introduced Judge Brooke,
who Immediately qualified TO practice law
in this court. Mcssrs. X. @. Bickford
and X. NJ. Lett, counsel Tor Mr.. fosts
were promptly on hand. The following
witnesses har been summoned:
Fer Mr.. Post-Messrs. John A. Evans
James Murphy. Charles Chamberayne.
Warren J. Smith, Enoch Clayton, Rich
ard l.. Henley Dan Clayton, Jerry
Lynch, Solomon King, Pompey Woodsoh'
]. T.. Bird. and wyatt Roane.
For Mr.. Moss -Messrs. 4. c. Peachy'
II - Powell. J. NJ. Griffin. Colonel h.
u. b. Clay, f. W. MlIstead. ID. q. smith
~ u Royce. Tom Porter ID. NJ. Crimes
TucRer Tom Bland. W. 7. Jones
r I Wilson. +. j. Samson berry Ns
sor A II. Gaines, Peter Allen =. ~
oliver G. G. Miller. Dempsey Jones' -
u Perry &. C. Smith. 5. NJ. smith ~
+ NountcaStle. j. II. Ey,ns' 49,
po,na / I Best, c. c. Gresham 81
,s|',sntng ~ T. webb. A. IA. Coles Eo'
Common and Kemper ID. Kelley
LEGAL, CONVENTIONS.
,,.,. ,,o names OF the above witness
,,'ora called II was found that ohiy q
~ ,,o-captace Il them were pIcTeh'.
"a Indigo Barham was forced W W.
- 90 he issued for tue npssn ~
w.sue mis- was being done. MT. y.
-, nled a demurrer TO the cui'p'
Ia 90 each and every count OF 'ne ~s,rg
Nr Rickford, for Mr.. fos,. .i,,s case
w. court contended that III w.. ,'is case
= demurrer could not lie. ina' w., coud
- NOT such that generai e'uS,,,arded
40 made TO It's counts. mon it's
w ,h, case should be uiea upo ',,, ho
ina, ''o ,,tora could he no ob)ecto" -
me,i'.' niea i'm abatement, pu, ne L.
n
sa'"' N u. contended that se"e. tn
pha''oe"s not allowable. lie lea ,s,h~
murre' h,s nosition the case Vi ay-
support t,.rrar. which deal,
ardsoh ~ frauds. similar 10 'ne es,.'s "a
ies'o In the county CT .,. special
en' 80, Mr.. Bickford naos ,ns cou, /
III ,ha. il was the du's ,.r,,s and
~ ~ orsider the case upon o,ions hav-
W, IN allow demurrers any
,n,, nV dllatory tendency
n tucker Brooke. Tor mS '"S that
judge ,,o,ad on the other NAM nao,.,on
teS'eV ,on on "A demurrer WI, ~ declared
u u'0 -. merits OF the cise' ,horough
up'" ., ,,icht be found aIt-i "a, sxcite-
.e.t,oation nm amid great pu,, ~ the
In, that while every ,.o, the cleo
'V"'' snonts r,iGht be true' so' r. re-
complain",.o, on undue one, nor 'ns
ton "'s 80 Ise contended. the'
uFnS nassing upon the tenure 80
.h@e " - enabled to pass upon
,,,s ~ the case before NS 80, ,hat
i., p,clford I'm rejoinder. asser'eu .n'ss .s.ss
MI Air n had already been made III 1'.s
aus" ,d that demurrer coul1 h"t ~"
az al ,.i,hout express leave OF the eou'''
IT., closed by strongly reiterau"s 'ns
si,,on taken by him In his hrs' sp.'
We was followed by MT p"r,es r'l,s
| argued along the line taken ~ ~
- S,''nur,e, by which they expected 10
"hor, that the compainnnts had not com
| ,,i,ad with the provisions ana require
ments OF the statute bearing on tne Sase
rrha argument Wns closed by snoi
soaeches from Messrs. Brooke and bich-
| ford and the matter submitted
uypGE BARHAM CONSIDERS.
r,,so Rarham said II the complainanu
80 70 ho confined to their complaint
y domurrer must lie; H. on the otner
| LanJ they were not 10 be held down 10
,rn,r complafnt there would DO
ti,,ia use in n demurrer. He desired, ne
al. IN examine authorities. and TO con-
s,der the matter carefplly, as he recog-
ni1ed the Importance OF the point. and
short recess was therefore taken In order
| 10 give him that opportunity
DEMURRER ADMISSIBLE.
| Court reconyened at . o'clock, aud
shortly thereafter, Judge Barham an-
! nouncel that after a thorough considera"
tion OF the matter he had come 10 mo
| conclusion that the case was demurraDle.
| The only point. he said. which he was
| not clear on was whether demurrer
was admissible after answer rad been
I
and he would be glad to hear from coun-
sci in regard TO this. This matter was
then argued at somo length by counsel
| on either side.
Judge Barham. after carefully listen
| ing TO argument. decided that AT this
| stage OF the ease. when all prepare tions
| had been made and witnesses summoned.
II was proper 20 so into the case upon
its merits. and he. therefore. decided "a
| allaw demurrer 70 lie.
VAGUE AND NOT SPECIFIC.
Counsel for Mr.. Moss then moved that
certain portions OF the complaint h
stricken out as being merely irrssulari-
ties. which. IL proven 10 be true, wouij
not inyalidate the election. Judge Brooke
took up the complaint section by section
contending that II was vague and no,
specific.
Tho whole afternoon was spent IN this
argument. the witnesses being recognized
for their appearance at 10 O'clock 10.
morrow morning, when the taking OF
evidence will begin.