The free lance. (Fredericksburg, Va.) 1885-1926, 1908-11-10
]. ". MILLS INDICTED
The Charge is Unlawfully Voting
in Recent Election.
OTHER MATTERS CONSIDERED

NtUEN GthS
The grand Jury adjourned late Friday
evening and recovered Saturday morn
ing
Judge Goodrich in rtcharging the jury
said:
IL is not my purpo'e, nor do think It
within my province, To instruct you, but
think It my duty To say 10 you that
Immediately after election partisan
feeling and personal grievances are apt
10 be the conditions, aud thiuk, there.
fore, you should deliberate carefully and
act with great prudence and care before
bringing an indictment on maj ters con-
nected with or growing out o, an elec-
ton. You should be reasonably assured
parte, Is sufficient To convict, fer no man
should be subjected TO the annoyance
aud expense of "A trial on insufficient evil
dence, nor should the State 90 called
upon to bear expense OF such trial. OF
course, where any person violates the
election laws williully aud knowingly he
should be indicted, but the evidence on
that matter should be reasonably GER
tain OF a conviction before the trial jury.
The grand jury retired AMI Indicted
Joseph W. Mills for felony, In q at h. did
unlawi fully vote IN the late election when
he Is not a resident OF this city, but OF
Washington, d. Z. The report OF the
Jury states that the Indictment was
made after bearing the evidence OF
Messrs q " Shepherd, Sr., G. O'Conor
Goodrich, ). H. Bsale, b p. Willis, +. M.
Aldridge. W. ;. Chesley, X. n. Goodrich,
Preston Harris aud Vim. Suliuger.
GRAND JURY's REPORT
The report Of the grand jury follows:
Fredericksburg, Va Nov. I, 1908.
To the Honorabe John T. Goodrich,
Judge OF the Corporation court Of Fred
ericKsburg.
The grand Jury now in attendance on
your Honor court beg to report that
there IL some evidence that In the recent
election held Ia the city OF Frederlcks-
burg. on the third day OF November, W..
| = ShsCkeliOrd was not IA resident oil TINS
city, bur his vote was not challenged
and the Judges Of the election had no
means OF Knowing whether he WAS or was
not "A resident, except the fact IL his reg
istration aud that he had paid his capl-
tation tax The grand jury Is further OF
the opinion that Mr. Shackelfori thought
he had the right 10 vote here aud did
not knowingly or Intentionally violate
the law az to Illegal voting, and the
grand jury deems the evidence OF mis- non
residence here insufficient 70 warrant an
ldictment.
The grand jury further report that
there was som, evidence before IL that
Wexford Hainy had moved from one
ward to anotheriu the city OF Fredericks-
burg more than thirty days p'iOr 70 the
said election held on the Bird Of November
1908, but we find no criminal intent on
the part of said Hsiny To violate the law
and the evidence IA insufficient To war
rant u conviction.
We would respectfully recommend that
the Judges Of election be cau'ionrd, II
they have any reasons to believe, v neither
a voter Is challenged or not. that Il voter
has moved from one ward = snoth'r
more than thirty DAYS or has removed
from the city, should make careful Ia.
quiry OF such voter before be- u allowed
70 vote
We further recommend that name
| of JAS. Franklin be stricken RON
registration books OF upp ward.
he being a resident OF 5pot-ylvanis
county, Virginia, residing on Brulle's
property across the cana We iuT-
ther recommend that this proper
ty be stricken from the asss's lrs' book
| OF this city according To the official maps
OF Frederick sburg. Va.
J. McCala Boulware. Foreman
ADDITIONAL REPORT
fredericksburg. Va Nov. !, 1908
To The Honorable John T. Goodrich,
Judge Of the Corporation Court u the
City Of fredericksburg.
The grand jury now in attendance up
on this court respe ctfully report unto
your honor that they have Investigated
the circumstances surrounding the recep-
ton OF certain votes IN the Upper Ward
Of this city az the election held on the
Bird day OF November, 1908. and the
grand jury desire to express to your
honor their dlsapproval Of the action OF
the two judges Of the Upper Ward in re-
ceiving and permitting q vote TO be cast,
in the absence OF the third Judge, which
had been challenged and refused when
the three judges were present The grand
! iury believes that 1t was the duty OF the
two Judges to have declined to receive o
vote challenged when all the judges were
present until the return OF the third
Judge.
We also recommend the removal OF
Mr.. s. H. Besle as Judge OF election IN
Upper Ward
j. McCalla Boulware, Foreman.
The following compose d the grand jury:
Messrs. J. NcCalls Boulware, foreman;
Up. Y. Daniel, f. l.. W. Green, John e..
Ferney housh, J. f Alrich, +. II. Hart,
G. r. Undertake, John E. Rodgers, N.
l.. Latham, u C. Bell, John F. Gould
man, Sr, s 5. Bradford.