The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-11
JUDGE N|COL TO
DECIDE QUICKLY
Said Yesterday That He
Wouldn't Need to Con-
slider Long.
LAWYERS WILL
ARGUE TWO DAYS.
Possibly Three Days Will Be
Consumed in the Discussion.
Taking of Testimony Con
cludc 1.-The Case in
Judges Hands
Wednesday.

All of the evidence for and against
annexation has been heard, and 1t only
remains now for the counsel on eithel
side to present the case to Judge &. H.
Nicol, who is to pass upon the question Of
whether or not Richmond shall extend
her corporate limits so as to take in
territory that at present belongs to Hem
rico county. The city concluded ts re-
buttal testimony about O'clock yester-
day afternoon, and an adjournment was
ordered until Monday morning at 10 o'clock,
when argument will begin.
Judge Nicoi will render his decision ia
the case before the week ends He made
this clear just before adjournment yes
friday, when he stated that If the argti-
ment of counsel lasted for two days, he
would probably consider tho matter one
day and render his opinion the next day
This statement OF the judge brushed aside
the conclusion reached by those who had
followed the proceedings from their in
ception that the court would not decide
tho matter for probably II month.
The proceedings yesterday were mainly
time of the court was taken up WHIT
argument OF objections raised by the at
torneys for the plaintiff and the defends
ant In the morning the inter-
ests of Major james III. Dooley were de-
Tended, Major Dooley himself taking the
witness stand to protest against the city
including his property within the pro-
posed boundary lines. He was In the Wit
ness chair for more than an hour and
submitted the answer OF Mrs. S. NJ.
Dooley. In this answer 1t is conceded
that Richmond be allowed to take in 20
creek near the Dooley estate and that II
portion OF this territory be ANNEXED.
Took Issue With MIR. Bowe.
Following the close of the evidence for
Major Dooley, who demurred TO tiieB
city expanding It's limits in his direction.
came the rebutta1 testimony for the city
Members of the Richmond City Council
fatty and with some degree of heat TOOK
| issue with the statements made By Mr..
N. w. Bowe. real estate dealer. while he
was on the stand, and the legal turn the
proceedings took was, to say the least,
amusing to the court ana; TO the attor-
| neys present.
Mr.. Bowe was placed on the stand last
week by the county. lie opposed annex
alton and so testified. He was cross-ex-
amined and finally excused. Later he
voluntarily returned to the witness stand.
and in answer to n question from
| Mr. Meredith. said that the city of
| Richmond wanted Major Dooley's property
| for taxation, and nothing else. This
statement. made by Mr.. Bowe, led City
Attorney Pollard to inquire whether or
| not the witness believed the city to ba
base enough to entertain such propo-
sitlon and cowardy enough not to express
/ It, Mr.. Bowe's reply was In the af1lrm-
atiye Mr. Pollard further asked II MIR.
4 Bowe would name one member or tha
| Council, for tho city spoke through It's
i Council, who would be actuated by sucn
motives as had been said by the witness
! The question was not answered for the
/ reason that the court held that 1t was
4 not relevant to the case ].
l on Yesterday, when the testimony oa
| the city was designed to refute this
/ insinuatIon of Mr.. Bowe's. counsel for
1 Henrico raised the objection. and In arr
gunent said that Mr.. Bowe's answer
| was not ELECTED by question from
counsel for the county.
''Ee was brought here as your Wit
ness" said Mr.. Meredith
Ellis last statements. however, we're
| voluntary on his part and the county
| does not claim them. We do not i'm,
1 sinuate that the Richmond Council was
| actuated by any but pure motives, said
Mr.. Braxton.
"Do you repudiate your witness"' in-
CURED Mr.. Pollard.
mot at all; hut this was an answer
that the witness voluntarily made. and
1t was not elected by the county" re-
piled the attorney for Henrico.
"Well, whose witness is Mr.. Bowesr
aueried Judge Nlco1. in his own peculiar
manner. and there was some laughter
Il following tina remark. sfiq
! MIR. Braxton explained that 1t wax
very probable that Mr.. Bowo wes
''teased" by the cross-examination. and
made the statement without thinking OF
what it really meant. Mr.. Christian. at
4 torney for Major Dooley. said that he
/ would not shoulder the statement of
Mr.. Rowe and that his client did not
: wish the impression TO go out that any