The times. [volume] (Richmond, Va.) 1890-1903, 1896-10-30
A JURY WILL TRY THE CASE.
The Fraudulent Actions al ShHmakeT'S
Precinct TO Be Investigated.
JUDGE WELLFORD'S FIRM STAND.
He VIII sit All Day and Half the Night
whenever Necessary. Counsel for the
Petitioners VIII Prove Fraud
Interesting Proceedings.

The proceedings In the Shumakor's
yrccinct registration frauds, in Judge
Wolfoid's court, in the City Hail. yester-
day morning were brief. but most satsiac-
tory 10 the attorneys who are making
euohAa gallant fight for fair and honest
election on November 5d. next. The
initial step was taken in the exposure oil
tho crime which had been commit'eQ
when the books OF the precinct were
thrown open by order Of Judge WEXFORD
1or the inspection OF Mr.. william J.. Roy
all and CAPTAIN A. y. Guigon, VINO are
fonductipc the case for those who favor
honesty in elections.
A thorough examination of the co'o'eu
Registration books exposed as siupehuoua
an attempt al fraud as pIopdDiy was
ever attempted Practically every cor
orcd voter 40 ShumAkers precinct ""9
otefrarchfsed and some Of the names
were sC thoroughly hlotteo u! VS., o"o
strokes of a pen, dipped in deep' hlach
INK fhnt a powerful masnliyins glass
was required tO dccipher thcm
uudre Wexford ascendcd the bench
shorty, after lO O'Clock yesterday morn
ing and the business in mana was al
once taken up. Mr. William l.. hoyah
and captain a. B. Guigon were promptly
on hand in the interest OF honesty, ana
Af.ssr. A. n. Courtney Hin Montague
and William H. Bcvcridge represented
pefre fho Shumaker's precinct registrar.
,rhc courtroom was tnrongcd with In
tereetcd SPECTATORS. and there were also
ON hand about fifty coiOrcd voters, many
of whom had been stricken from tnc
books al Shumakcrs by inc registrar.
Ictus was also on hand with ms BOOKS
and upon order of Judge wexford ne
handed one OF them over 10 Mr. Eoyali
Probably by am oversight, ne gave MI'
Royal the book containing the names
OF the white voters. Mr. Royal now
ever. said that hc was aiier tne eol"'e"
registration book. After short hunt
in the Clerk office icttls inaly pro-
ouccd the desired book.
QUESTION OF JURISDICTION.
The question of the jurisdiction OF
yudro Wexford iu the case was then
taken up and argued briefly ON either
side. after which judge wexford sara in
substance that the whole matter hinged
upon whether PcItis had stricken the
names Of voters from the books IN ace
,oriance with the law. II the registrar
had made mistake and erased the name
Il "a duly qualified voter. doing the same
hv regular process OF law. the Court had
no power to have such name restored 70
the books
But. if ON the other hand. the legal
forms had not been complied With' ana
tho names OF men not entitled 10 vote
hal been stricken from the books. they
must. nevertheless, he restored, and the
books puIged in proper manner.
AS Messrs. Royal and Gugon, in the
proceedings before tho Circuit Court, at
Henrlco county Courthouse. on Tuesday,
mad assumed the burden OF proving that
names had been fraudulcnty erased from
the books this decision OF Judge Well
ford settled beyond "a peradrenture the
jurisdiction Of Judge Wexford ln the
case
I'm expressing his opinion ON the ques-
tion of jurisdiction Judge Wexford TOOK
occasion TO DECLARE cmphaucally that
registrar had uo mere right 10 make
any changes boo the registration books,
except under due forms of thc law, than
ne himself or amy other citizen.
The Jurisdiction question having been
disposed or the question of granting man
damuecs TO several applicants who had
presented petitions praying that their
names should Dee restored 10 tho Shu-
makers precinct books was then taken
up As Will be remembered. % petition in
the case Of William j. Robinson was pre-
sented 10 Judge Wexford hy Mr Royal
on Tuesday. and action deferred in order
that the question of jurisdiction might
De settled. and that the defence might
tavc time 10 draw up am answer
ALLEN ANTHONls $ CASE.
Mr. Royali asked that the ease Of Allen
Anffony might be considered I'm place of
that Of William ,. Robinson. An of the
cases were similar ne said. but he thought
he could more oncetuaiiy ilustrate the
case of all tho applicants hy using that
Of Anthony.
Major Courtney objected 10 the change
fie said that tho unders landing was that
william j. Rohinsons case should be
used as fcst
1t soon became apparent that fight
on this seemingly uuImportant question
was made because the defence were
under the impression that Robinson's
name had not been stricken from the
books An examination was made and
- was found chat the name ~. William
Robinson bad been erased. the initials
having evidently been irarsuosCd either
hy mistake or with unlawful intent TO
deceive
Judge Wexford held that the conton-
tion was nothing more nor less than
fpltting of hairs, and decided TO con-
slider the case Of Allen Anthony. whose
name was found to have been stricken
from the book.
AT this point SIR. Montague took oc-
casion 20 assure Judge Wexford that
his side had no wish whatever TO delay
the machinery Of tho law. they merely
wished 10 see that impartial justice was
done
II hope not Mr. Montague" replied
Judge Welltord. "l have been on the
bench In Henrco county for Twenty-Five
years. and ] know that the Hcnrico coun-
" people are law-ahidinr win prc mDt-
lv bow TO the decisions or the Court
In this case parties are hero charging
mat their rights have been invaded. These
charges must Poe promptly heard and disc
r.osed o. or mo good Will Doe accom-
pllshed
ANSWER or DEFENCE.
The case Of Allen Anthony was then
taken up. and counsel for the defence
Med n rather lengthy answer. The an
swor sets forth
That ON the 2ith day Of october. 1896.
Peitls struck The name Of said petitioner
from The registration books 10 a.d cicc-
iion district in the lawful discharge Of
iie Official duties as such officer ana
in pursuance OF the requirements OF the
raws Of Virginia regulating and Ifo-
vding Tor the purging Of registration
hooks. Before he struck Antho-
ry's name from his books he
asCertaincd that five qualified
voters had fifteen or more davs prior 10
October Hth posted up notices at the