The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-12-17
MAYOR MADE AND uNMApE
'LT. w. "A. rosi Gnductcd Into On,cc
lNnrIl.s OF liunrn E,ann1E

:NeWport News. Va Dec 1G.-(Snecion
ne contested election case OF Rev
lt"aus ct. ans VS.. \. y. Moss. which
charged that the election returns ,inon
which Mr.. Moss was awarded n ccriifi.
cate or election to the Mavorality yvnr.
lEauuulens again cane up in tEn Cor
norat.on Court ANA was finally disposna
OF Today; In denying the writ of p-o
Ii.n..'"li tHe supreme Cour: said that the
Judge order to continue the case to nm
other term OF court was OF no erraa, ne
cause, as matter of practice, an unlin-
.Shcu case would come up at the next
term withou; such an order.
Messrs. ID. Tucker Brooke and \. G
, counsel fer the contcstee. fol-
lowing the lead of his di7ta. asked ihat
the case be taken up de uoyo Th's
inotion was argued ana Overruled. Tho
court considered its decision of July las,
mat the returns from the Second Ward
were unworthy of crcdence, to be final.
This debarred the contestce's introdur.
ing evidence % show that no fraud wos
committed I'm the above mentioned ward
me alleged fraud was supposed to
nave been committed by Robert Mount
castle In making ballots. but the CON
testee was relying upon the evidence of
me contcs ZEE to show that of all tho-e
VINO swore that they voted for w 4
l'ost In the Second Ward the number
that applied to Mr.. Mountcastle for as
Slstance was not sufficient to elec; Mr.
i'ost. AS the case was decided. however
this did not come to the attention of thn
court >''e
The court ordered a certificate of cleo
lion 10 be awarded Mr.. w. 4. Post and
az 2;lo p. IN. he was for the SECOND time
induced into the Office OF Mayor of tho
city OF Newport News.
preliminary hearing OF the Common
wealth's case VS.. J. II. Babcocli for the
killing of Lewis Check commenced NJ
ahont II O'Clock this morning. Tho in
curry was conducted with care ana proot
"eliheration. EXccp ing a short rorecs
al noon the whole day was consumed In
nearing evidence In the case. The court
room presented scene worthy of study
fhe d!nGy. low and gloomy chant was
50 Inli as . make comfort thing rather
10 De desired than hoped for. A grin,
ana sturdy officer of the law sat bolt
uDr gh; on the dais to the left of The
nehcn. while the presiding justice reclln
ca at his ease. Immediately i'm FROM
or the justices desk sat the prisoner
a m!ld and rather good-looking younr
man OF about %, somewhat inclined n
corpulency. On his right sat his father
We!!-preserVed man of middle age
VINO came down from his home In Fed
lofd county TO be presen. at the hearing
surrounding the table was ouiia nm
array of legal lights either engaged in
the case or interested in the evidence no
ing adduced. Behind the railing yypc ,
ihot!y CROWD OF Iaymcn, black being the
FREEDOM mating Color. All seao,a1 70 -
intensely intcrcs. ed in what was going
on. They seemed TO realize that n fnIs
low being, although his skin was darl;
had been laid beneath the mould of mo
church yard by the act OF one who was
present TO give an account Of his CON
duct therein In accordance with Tho law,
human and divine.
~ number of witnesses gave their tas-
tlnlony which. i'll the eXamlnatIon-in
chief. was pract cally the same as thnt
brought out al the Coroner's inoues;. h1,t
IN the cross examination statements for
the defense We're 10 Il limited extent CON
Trajectory. Chief among these was II
Z. Haywood and one Mr.. Perkins the
former refusing to restate, when pinned
down on cross examination, that Check
put his hand into his pocket and took
some weapon out. He denied saying
That Check had a knife in his hand
when he advanced towards Bahcock,
while there was also some variation in
s;atemen S as to distances between par
ties about the time of the shooting
MI Perkins was made 10 modify his
statement that Check had a knife in his
hand. so as TO appear that he saw a
brown horn handle as Check held II be
tween his fingers as If to open il. and
was holding II in that position when
Babcock opened fire on him. He also
contradcted the statement made that
the freight pliers had control over the
truckers employed by the Merchan s.
and Miners Steamship company. saying
that the failure of the truckers to do
their duty had to be reported 10 higher
officers.
At p. m. the defense rested it's case
but the Commonwealth desiring to intro
duce some evidence in rebuttal, asked
for continuance of one day, which was
granted.
The question of ball was then argued