The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-03-03

all the elections IN the city OF
mington for the past twenty yeanF
Answer: I have. sir. The priuI12al
part of that time / was a pollhol1S
Was not this election "a fair anc
peaceahle an election as you ever VIII
messed or attended?
Answer: In my precinct 1t was.
That II the only one You Know about
OF your knowledger
Answer Yes.
You are a colored man. are you not2
Answer I am colored.
On the redirect examination by Mr.
Spears he asked:
Was the fun republican strength OF
your precinct poiled on the election &C.
curing on the Sth day % November
1885?
Answer: It was not.
PROTEST FILED.
After Witness Norwood had finished
his testimony, Colonel Dockerys coun-
sci filed The following protest:
Oliver II. Dockery, contestant vs.. Jno.
u. Bellamy, contestee.
Protest Of Oliver II. Dockery aned
before T. K. Wallace, notary public.
taking testimony in the above entitled
case 81 Wilmington. ~. c.
Whereas. in this matter Of the taking
OF testimony in behalf OF the contest
ant, Thomas r. Wallace was petition
ed TO issue ~subpoenas for witnesses In
the behalf Of contestant. and whereas
in accordance with said petition. such
witnesses were subpoenaed and IT the
time mentioned in the subpoena To wit.
Saturday. February 25th. 1899, at
which cine witnesses appeared, n
at which time upon motion OF cOntes-
tees counsel. George II. Howell. notary
T public. was associated with thc said
Thos f. Wallace, as provided by law.
X. :. OF the L. -, section lis, and
whereas the said Geo. II. HowrIL>no-
tary public, has sat with said t. -
! Wallace in taking dispositions III enis
! case, and whereas ne has declinedAc
+. officiate in signing the depositNs
taken in his case with said Thos. L.
Wallace. notary public, except only the
deposition of Jos. n. Jacob. and
whereas the said section absolutely re-
quires that each officer so associated
and officiating shall act, together, and
sign and certify each to the dispositions
taken before them, the exact language
] of said section lis OF the United States
Revised Statutes being as follows:
The dispositions shall be taken be-
fore them both sitting together and be
certified by them BOTH and whereas
further, the said notaries public have
ruled out certain questions. fully COM
petent, and relative. without
authority of law, as the counsel for the
contestant believes.
Now, therefore, the contestant, oliver
H. Dockery, most earnestly, seriously
and sincerely protests to the way and
manner the testimony is being taken
in this case, for the reasons mentioned
and fearing that such regularity as
! mentioned, OF the failure of the assoc
ciated notary public, Geo. II. Howell.
Esq, to sign and certify to the depo-
! sitions may annul and render void the
same, the said contestant has dis
charged all witnesses subpoenaed by
him, from further duty and asks that
this protest be accepted and filed as a
part OF the record made at this aking
; Of testimony by Thos. +. Wallace. be-
| ginning February %, 1898, and includ-
: ing his day, March /, 1893.
(Signed.) OLIVER II. DOCKERY.
& Contestant.
By OSCAR ]. SPEARS. Attorney.
Notary Howell stated that il was
his intention to certify to the deposi-
lions and had only ~refrained from
! signing the dispositions sooner by yea
son of the fact that he was oubAuI
of his right to certify to that portfFa
of the dispositions which had been rui1
out by him as a and irrefe-
! want.
Mr.. Bellamy's attorneys requested
MI. f1OWell 10 SIKH the certlIlC.lIpS n
once. He did certify to all.
Mr.. Peschau, of Mr.. Bellamy's coun-
sci, also read and had the following
placed upon the records:
The counsel for the contestee having
read the protest of the contestants at
torney just filed here, requested Nj.
Howell, the notary, to certify to the
said deposition; whereupon, at Ala
o'clock this day in the midst OF the
trial said notary axnrarual hie vr;l1iny
ness to sign and did sign and certify
said dispositions, and stated as his rea-
sons for not having done so before was
that he was doubtful as to his right
! to sign and certify certain parts Of the
dispositions which he considered irreI-
. evant and extraneous, until he had in
vestigated and deliberated as 70 his
duties. Thereupon the contestee's at
torneys requested the contestants at
torney to proceed with the examina-
ton Of witnesses, as he had ali the bal
ance of the day and also all Of tomOr-
row, the End of March, to continue tn
examination of the said witnesses.
(Signei.) JNO. D.. BELLAMY,
Contestee.
By his counsel:
JUNIUS DAVIS,
GEO. L. PESCHAU,
FRANK McNEILL,"
Mr.. Spears refused to go on with any
further examination, and discharge
the witnesses.
AT 4:45 p. m. the court adjourned sine
die.
Mr.. Spears left the city last evening
for his home by the 7:15 train
DOn't Experiment
When grip attacks a person OF ner-
Vous temperament there is usually q
praQf dnnrnrrfA- - x-s~s.- "
Is plunged in despair, and no amount
OF argument or raillery has any effect
on his misery. The man or woman
whose nerves become so shattered that