Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-01
AN ALL-DAY TRIAL
Whitehead Simmons Case Ended
Whitehead Fined $40.
The Case Grew Out of Fight between
Leaders of Political Factions in Bran
bleton Ward Both Principals Testified
at Length-Thc Evidence.

After Il trial which lasted from II
O'Clock Yesterday morning to S O'Clock
last night. with an hour and half in
PERMISSION for dinner. Mr.. John White
head was fined $50 by Police Justice
Tazcwell Taylor for assaultins Mr..
III Brambleton Ward last Wcdnesda'
night. Mr. Whitehead will appear III
court This morning and pay the fine.
Inc lawyers began arguing the case
little after o'clock yesterday even
ing. Darkness came on Il half hour be-
lore they got through ana us the
romeo Court room is not equipped for
night sessions. ii became quite dark
before court adjourned. so dark in fact.
that the features of.Justice TAYLOR. or
OF those connected with the case. could
not be distinguished Il few feet away.
me testimony OF Mr.. Simmons aud
MI. Whitehead WAS the most interest
ing given. The former went on the
stand in the morning and told his story.
MI. Whitehead gave his version i'm the
afternoon. He was on the witness
stand for an hour and a half.
MI Simmons gave Il full account of
the occurrences leading up TO the fight.
lie stated positively that he said moth
me. nor made any threatening demon
Stratlon toward Mr.. Whitehead to pro-
Woke an assault. He was astonishod
when Mr.. Whitehead struck him with
out warming ana with no provocation.
He was telling AIR. Whitehead that he
had Acknowledged to him that if there
had been fair play tho first meeting
night his (SimmonsD side would have
won in the contest. He was i'm the mid
ole OF Il sentence when the defendant
struck him over the eye
y number OF witnesses followed MIR.
|, lam
IN detail. Several witnesses said MIR
Whitehead objected To the presence at
the door of officer Do2ier. who was
placed there by the order of members
OF the Brambleton Ward Local Board
To keep persons from other wards out
OF the meeting.
Officer Dozier said he turned down
men wh0Sn he knew to be from other
wards. Tho hall is very small and can
not accommodates amy good sized meet
ing of legal Bramhleton voters.
RAMfi-EToNlANSN NOT KEPT OUT
Mr.. Whtehcad's objection to Officer
Dozier at the door was that tho officer
was not competent 10 pass upon tho
right OF persons to enter the hall. When
on the stand the counsel for the pro-
S"cution insisted upon AIR. Whitehead
stating If he knew of any citizen of
Bramblcton Ward who was denied adj
mittance to the hall Tho defendant
replied that he did not
There was evidence showing that n
number of so-callcd "bummers" from
other wards were present Counsel for
the prosecution tried to Introduce owl
doncc In show that It was the so-callcd
Whitehead faction that stuffed tho bal
lot box in the first meeting. when there
was over third more ballots cast than
persons present. The court excluded
the evidence as irrcVclanl
MIR. WHITTIER iiAD'S TESTIMONY.
Mr. Whitehead went on the stand
after court reconvened at o'clock in
the afternoon. His direct testimony
consumed an hours time. He admitted
that he said his faction was beaten the
hrst meeting night up until Il certain
stage OF the meeting. He said there
was fraud on both sides when the dele
gates were voted for.
Mr.. Whitehead said that he and Mr.
Simmons were talking together when
the fight occurred. The witness said
something about as much of the dis
grace of the ballot box surfing attach.
ing In Mr.. Simmons side as his side
and Mir. simmons threw his finger M
into the witness face cNcitcdly, and
Judging from his appearance. the witt
going To strike him or call him liar
II was then that the witness struck the
blow.
MIR. Ryland &. White ana George r.
Cray were put on The stand to contra
dict the testimony of Mr.. Whitehead
with regard To the cause lie assigned nj
difference times for striking Mr. Sim
mons. Both witnesses said Mr.. White
head had assigned another reason for
his act than he gave on the witness
stand. Mr.. simmons was put upon the
stand. and in rcbuttal TO Mr.. White
heads testimony, denied many of the
latter's statements.
The prosecution was represented by
Judge f. NJ. WhitchurSt and CAPTAIN i
j. Burroughs. Mr.. Whitehcads defense
was conducted by /. y. Eason and w
:. Woodwork. The plea Of guilty. on
tered by Mr.. Whitehead Monday, WAS
Withdrawn yesterday morning when
the case came up.
ALLEGES PERSECUTION
Nh. Whitehead'S lawyers opencly
charged in court that The prosecution
of their ellen, Was the result of a de-
termination of his political enemies TO
iniure him. The effort to show in court
that Mr.. Whitehead WAS responsible
for the fraud at The first meeting is de-
nounccd by that gentleman. who SAYS
he clearly established that it was he
who discovered the fraud. told the
meeting about IT and moved to adjourn
to the next night. He says he proved
by figures ana facts that there was
ballot box fraud on one side as we'll as
the other.
\ stcnosraphic report of the testi-
mony in the case was taken at the in
stance of the prosecution This, Mr.
Whitehead says. will be used at the
Newport News convention to prevent
the seating of the so-called Whitehead