The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-16

sits near me. will bear out (Mr.
WaddilD when I state how earnestly
the Constitutional Convention studied
and considered plans to minimize the
evils of the capitatlon prerequisite. 1t
was feared that candidates for office
would secure an improper influence by
paving the taxes of voters. To prevent
this. and the language of the Conssi-
tuition seems plain and unequvocai. 1t
was required that the cap;tation tax
should be paid six months In advance
OF the election, and should be person.
ally paid by the voter. IL not person
ally paid then the voter does not meet
the conditions when entitle him TO
vote
The person sought to be influenced
under the terms of the statute under
be a voter a voter may be defined
as one who did vote in the election. or
as one who had right to vote in the
election.
Indictment Void.
..In neither capacity is he defined.
II is not charged by any averment IN
the indictment that he did vote, and
the averments in the indictment eH-
rlicity state facts which show that he
had no right to vote. The statute is
against the of money to influence
votes. ara indictment under the stat
ute must show the use of money to in
fluencc q voter. The indictment intthis
case, falling in this particular. is void
Oh demurrer.
",rherc are statutes against illegal
voting bride giving. Illegal registration.
publishing the accessories and principals
In such crimes. but the Indictment un-
der present consideration is against u
special evil. and the special evil Is not
set forth in the Indictment as against
this defendant, but. on tho contrary, the
averments of the Indictment would
rather indicate that he was not guilty
Of the particular crime aimed at"
N'han IlJpa Harrison had rom.
pleted his special session. lie inform
ed Judge Scott of the fact, and thu
latter took the bench. After consulta
ton with Mr.. Wcndenhurs. Acting
Prosecuting Attorney Smith requested
the court to call special grand jury
again, apparently to so into tn.
matter of election fraud charges one,
more. Judge Scott granted the request
and second grand Jury was ordered
summoned, the order being returnablt
in court at 10 O'Clock this morning.
Work for New Jury.
What this may mean may only bt
guessed at, but 1t Is understood tina
others Than those recently indicted
will be indicted by this second gran,
jury on much the same grounds, ant
that Mcssrs. Hecller, Atkins an,
Gentry Will be reindcted. Indictment:
against the latter must necessarily be
made more definite. and 1t would also
appear that the charges must be Ell,
tirely new, since Judge Harrison held
that the first We're not sufficient fol
Indictment The whole matter is te
be threshed out again. though it /.
safe to say that M Wendenburg vii
not appear in the grand jury. room fol
the same length of time as on tht
previous occasion. The new jury /.
composed of the following:
r. d. 'rrnyipr.
II. G.. ltutiln.
Hugh NJ. Nelson.
A. II. Holiday.
w. a. Hammond.
G. a. Ncsbit.
u. j.. Purcell. s
Edmund Stru,iyyick.
lunghornc putney.
Mr., Wendenburg was notified tina
counsel for Mr.. Hechler would bring il
witnesses for their client before tn
grand jury. The Commemorative at
torney stated that they could bring /,
all they desired. Counsel for Mr.. Hech
Ter declared that they would fight tn
case to finish, whether there wer
another indictment or not.
After the quashing of the indictmen
against him Mr., Hechler appeared /,
1ub!lant spirits, and stated that the re
SUIT was Just as he had expected. III
SAID he would go before the peopl
again In the general election, and tina
he expected to be indicated of nj, tn
| charges which have been brough
I against him