Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-10-30
JURY TO HEAR THEN.
QUESTION OF FACT INVOLVED IN
HExnlco ELECTION CASES.
NAY NOT HAVE JURISDICTION.
Indigo Wexford VIII Decide This
After Hearing the Evidcnce-An-
.vcr OF the Registrars Coz" sei ="
the petitioners nil.

Judge IL. Il. Wexford, OF the ''N"'''~
Circuit Court. yesterday took up the
msndamus cases brought by Boltocrauc
LAWYERS against Registrar George W.
Psttas. of shoemakcr's Precinct, ana the
cases were postponed until to-day at IL
O'Clock. when they viii be heard before
a Jury at the county courthouse.
Nessrs william l.. Royal and a. i.
Cuixon appeared for the negro pet'-
TONERS ana Alessrs. w. II. Beveridge'
Hu Montague. and A. r.. Courtney were
presept 10 represent the defence
The large courtroom was filled Win
interested listeners, and Registrar Pet
ms was present with his poll-books,
pronptly giving them 10 the counsel for
the petitioners. when requested to do so.
Mr. Royal opened the case, and the
question Of jurisdiction was discussed
the Court taking tho ground that II MT
Pettus had stricken the names OF the
petitioners from his books In good faith
and in conformity with the law, though
he had done wrong, the Court had no
jurisdiction. He thought there vas an
issn. of fact. however, that would re-
ouire a jury 10 pass upon, and 1t was
decided 10 proceed as far as possible with
the cases.
ANSWER OF THE REGISTRAR.
The case Of W. }. Robertson was iirst
called but Mr. Royall asked that that OF
Allen Anthony be taken Up first He
then read the petition, as printed In this
naner Yesterday. and Mr.. Beveridge sub
mltted the answer OF the defendant, as
follows;
.sThis defendant demurs 10 the said
petition. and says that the same IS not
sufficient in law. And, without waving,
but SIN insstire upon his said demurrer,
the said George w. Pettus, registrar
answering said petition, says;
"Thal Oh the 2ith day Of october, 1896,
h struck the name OF said petitioner
from the ~ istration-books OF SAID
election district but that he did 80 as
registrar Of said election district IL the
lawful discharge Of his official duties as
such officer. and in pursuance of the
requirements OF the laws Of Virginia
regulatins and providing for the purging
OF Observation-Disclosures
Before he struck said name from his
books he ascertained that Charles Helm
leum. Maurice Fevriter, y. j. Ferriter
]. b. Haley. and i. G. Jones, five quali-
fed voters Of said election district. nitc'n
or more days previous TO the said 2i,h
dav ~ October 1876, the last of the regu-
lar DAYS OF registration. had posted writ
ten or printed notices al not less than
three public places IN said district-to
wit. at the corner Of Washington and
Ashland streets. at the corner Of Blair
and Washington. and corner OF Temple
#.HaHwT
in-of the names Of certain persons all
legged by said FIVE qualified voters 10 be
improperly on the Observation-Disclosures OF
said district; that the said notice was
signed by the said Eve qualified voters
who posted TIE same.
NOT A QUALIFIED VOTER.
That o. the regular day Of registration
TO wit october a. 1Ss6-this respond
ent, acting IN his official capacity OF
registrar of said election district, heard
the testimony produced as to the right OF
the persons named In the said notice, OF
notices, to be retained on the registration
books Of said election district, and upon
the hearing Of the said testimony ne be-
came ccnviced that the petitioner, Allen
Anthony was mentioned in said notice
and that he was not a qualified voter al
said election district. That before making
his decision, and before striking the
name Of said petitioner from the said
registra ton-books, he called for testimony
which any person might desire 70 offei
for the purpose of showing that sai-
petitioner was a qualified voter Of sale
election district, ard thGt name should
not be stricken from the registration
books thereof. That no further evidence
being offered this respondent acting II
his official capacity as registrar of sale
election district. decided that upon the
evidence so produced before him the nam'
of dhe said petitioner must be strickei
from the said registra tion-books.
Your respondent further says that after
he had announced his said decision h'
publicly asked If any clector desired e
take an appeal from said decision. an'
there being no response, ne proceeded e
strike from his SAID registration books th'
name Of the said petitioner.
"And. further wering, this respondent
says that Immediately after the SAFE
REGULAR day Of registration-to wit. DC
tober q. 1S96-he posted a written notic
at the said voting place and at two othe
public places-to vat. at Main and TEN
pie. near car sheds and at corner WASH
ington and Beverley streets-in his sal
election district Of all the names stricken
from the said observation-disclosures. amonl
which was that of the said petitioner.
THE COURTS DECISION.
Judge Wexford decided that the answe
mad an issue such as should be deter
mined by a jury, and set the case 70
this morning at II o'clock, at Henric
county courthouse. He said that,
there was no objection, he would hav
a Richmond jury summoned and hold IN
court at the City Hail. but the counse
for the defence wanted the hearing II
Henrico court and Henr!co jury
The obiter dlctum Of the Court, as un
derstood generally, is that II the orlgina
list was signed by FIVE qualified voter
OF the precinct. and that the names O
these voters were posted IN not less tina
three public places in the district, in
Guiding the precinct, and that on IN
day Of the registration the regis'ra
took evidence as TO tho striking frol
the books the names Of persons on IN
list and books, and that afterwards III
registrar posted in three public places
including the voting precinct, the list o
persons purged or erased from the re
gistration books. thus strictly complyin
with the law, that the Circuit Court wi