Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-12-01
THE YOsT MANDAMUs CASE.
Another Motion Entered and Hear
inn Contained TIL TO-Day.

Another Motion Entered and Hear
ing Continued TIL To-day.
The mandamus case OF j. Yost against
the Board Of State Canvassers of Nir-
gnia was called in the Supreme Court
Of Arpnals yesterday moriing al IL
o'clock. and. on motion Of counsel for
the petitioner was continued until to-
day. Ii is expected that the entire mat
ter will be laid before the court this
morning. This case is one TO compel
the Board Of Canvassers TO award TO
]. Yost. the Republican candidate for
Congress I'm the Tenth District, the GER
tihcate OF election from that district.
The tribunal opened with all the judges
present, Judge James Keith. the presi-
dent. presiding. Messrs. William l..
Royal, Edgar Allan, and James d.
Brady were on hand. representing the
petitioner. and Mr.. X. Carter Scott APP
peared for the board. his father. the At
torney- General, although almost recover
ed from his recent sickness. deeming
it imprudent 10 leave his home.
When the case was called Mr. Royal
submitted the following motion in the
case:
TO BE MADE DEFENDANTS.
This day came the petitioner. j. Yost,
by his attorney, and moved the court 70
make S. Il. Twyman, c. l.. Davis. n.
y. Dowdy, Robert 3. Asee. and Luther
f. Lightfoot, who are the Board of Com
missioners OF Election Of Buckingham
county. and p. A. Forbes, who is the
Clerk Of the buckingham County Court.
parties defendant thereto. and that it
issue its writ commanding them TO make
answer to his petition. And he prayed
the court TO make and enter up all such
orders and Judgments against them. and
each of them, as may be necessary 10
secure to him his rights.
And the petitioner informed the court
and gave IL to understand that he has
commenced proceedings 10 move this
court for a writ of mandamus on Mon
day next, December It'll. commanding
said Board of Election Commissioners Of
buckingham county 10 reconyene and
sign a true and correct abstract Of the
votes cast for member OF Congress at
the election held on November 3, 1896,
and file the same with the Clerk OF the
buckingham County Court.
Mr.. Royal asked that the court allow
the above to appear upon its records,
whether it was granted or not. The
court took the motion under Amusement.
THE CASE CONTINUED.
Mr.. Allan then moved that further
hearing in the controversy be postponed
until Monday. lie said that he had
deposition from Mr. YOst and desired 10
take the deposition OF Secretary of-the-
Commonwealth Lawless regarding the
method of counting votes for the said
Y0st in the past. This he had been unable
to do on account Of the serious Illness
Of Mrs. Lawless.
Mr.. Scott, for the board, opposed any
continuance, saying that body was
ready with ito answer. II counsel for
Mr.. -Yost would let him know what they
expected 10 prove by Mr.. Lawless. he
(ScotD would doubtless agree 10 H. or
no would himself get Mr.. Lawless's depo-
stion at once.
The court postponed the hearing until
tomorrow morning at IL o'clock, when
the deposition of Mr.. Lawless will be sub
mitted
MIR. LAWLESS'S DEPOSITION.
Secretary Lawless gave his deposition
IN his office yesterday. before Colonel
James d. Brady, OF counsel for Mr.. Yost.
The paper deals with the manner In which
the votes cast in Virginia In fofmer
years have been counted by the Board
of state Canvassers Mr.. Lawless testi-
fed to several instances where votes had
been credited 10 candidates. notwith-
standing the fact that there was a dis
crepancy to, be noticed in the initials. In
1894 j. Yost was credited with votes which
had been cast in Fiuyanna county for
Jacob Yost. and In the same county votes
cast FOR RI. ST. George Tucker We're
credited TO III. ST. Geo. Tucker.
These DISPOSITIONS will be submitted to
the Supreme Court OF Appeals In the
mandamus proceedings to-day.
Tho Roa IA of State Canyassers meets
In the office OF the Secretary OF the COM
rnnnmealth M II O'clock this morning.