The times. [volume] (Richmond, Va.) 1890-1903, 1896-10-30


Allen Anthony was not n qualified voter.
That 10 evidence 10 the contrary peihs
offered, although called for. he struck
the name OF Anthony from the DOCKS,
and publicly asked II any appeal "o"'u
be made. brt none was forthcoming.
The answer continuing. declares that
Immediately after the regular icsls'ia-
tion day he posted notice cohl tiiH"s
the names stricken from tho DOORS AZ
Main and Temple streets near tle car
sheds. and at the corner Of washington
and Beverly streets, and that among
tho names so posted was that OF Allen
Anthony. -.
Tho answer is sworn TO by George w.
petts before John B. Gayle. notary
uublic for the city OF Richmond.
JUDGE Wexford, having peruscd and
considered the foregoing document, Mr.
Rovan addressed the Court, stating thar
as the answer contained number OF
spccihc declarations, he was at a loss
whether 20 reply by categorical denldl
Of each declaration, or TO make general
denial. lie asked for the Courts rulins
on the subject
ANSWER INSUFFICIENT.
Judge Wexford said that the answer
was insufficient. in that many OF the
declarations contained therein were Is
suable. The statute required, he SAID,
that a list Of the names TO be stricken
from the books should be posted IN
conspicuous places fifteen days before
registration dav. said norccs TO be signed
bv five qualified electors. IL was ques-
tion at issue whether these declarations
were true. and. therefore. the answer
might be regarded as insufficient.
Counsel for the defence claimed mat
the answer filed by them was complete
I'm all legal requirements. but Judge wen
ford adhered to his opinion, and SAID IN
addition. that the answer was not spe-
cifc. that the persons who claimed 10
have been denied their rights were en-
titled 10 specific information upon Whlch
TO base their pleading
Counsel for the defence got themselves
rather tangled up I'm legal c"mplcauohS'
and while protesting their anxiety 20
facilitate matters. 10 some extent closBeo
the wheels OF justice.
Judge Wexford. in reply TO MT. Roy
alrs request for ruling as TO whether
he should categorically or in a general
manner reply TO the answer filed by the
defence. said that a general denial OF
.l,c declarations of this document would
L. an sui cient. This Mr.. Royal sub
nitt,d.
Counsel for defence then requested that
the Anthony case DO decided by jury
u.al Mr. Royal, in accordance WIN
notice given by him in the earlier part
of the proceedings. opposed THIS moiioh
as Unnecessary and improper.
Judge Wexford. after consideration,
eaid that questions. both of law and
of fact were involved in the case, such
hooks
would be purgcd had been posted up
fifteen days registration-day. and wheth-
er these notices had been signed In ac-
cordance with law. These questions
of fact being involved he decided 10
allow a trial by jury. Turning to Mr.
Royal. Judge Wexford inquired whether
the pleading could not be narrowed
down.
FRAUD EMPHATICALLY CHARGED.
Mr.. Royal said that his side distinctly
end emphatically charged that there had
been fraud committed and were prepared
to prove the same. There had been
pretended compliance with the law for
the furtherance of fraudulent purposes.
Mr. Royal was interrupted by Major
Courtney. who objected to his stating
at this iuncture the nature of what he
expected 10 prove, but Mr. Royal reit-
Grated the charge that barefacod fraud
had been committed and would be
proven.
"If counsel will consent TO have the
case tried by a Richmond jury" said
Judge Wexford. "wc can 90 into it to-
da..'
Il am perfectly willing" replied Mr..
Royal.
"We wish TO try the case at Honrico
county courthouse. before a Henrico
county jury said Major Courtney.
OF shall be delighted to have a Henrico
county jury try the case said Mr..
Royal.
Judge Wexford instructed Sheriff Solo
mon. of Heurico. 10 summon a jury for
this morning at n o'clock. and stated
that If # were necessary. IN order TO
dispose Of the case. that he would be
willing TO sit all day every day be-
tween now and election until j. o'clock
at night.
IL was understood among counsel that
only one jury will be necessary. as the
action taken I'm the case Of ANTHONY
viii bear upon an. but necessary paper.
in the other appeal cases will be pre-
pared i'm order 10 be ready for any
emergency