Daily press. [volume] (Newport News, Va.) 1896-current, 1909-11-24

Holding that the Commonwealth did
not adduce sufficient evidence to so
cure a conviction in either case. and
stating that. so far as he knows, there
Is no law prohibiting men from
| Boosting OF their Importance" or
Justice J. d. @. Brown yesterday
morning handed down a lengthy writ
ten opinion, dismissing both of the
indictments charging Couciman Err
nest G. Cox, OF the Second ward, with
soliciting brides from President Bran
Icy anu General Manager +. b. De
marest, OF the Cleveland Trinidad
Paving Company. OF Cleveland. Ohio.
Justice Browns decision in this case
Is final, the Commonwealth, under the
law, being unable to carry Tue case to
Il higher court as can be done in Il
felony case.
Three indictments against Cox,
charging him with violating the Banks
dale pure election statutate during
the municipal primary of June IL.
1909, are now pending in the Corpora
ticn Court and are to be tried next
Resume Of Case.
Cox was indicted by the grand jury
In the Corporation Court in October
and few days later the city Demo-
cratic executive committee repudiated
him as the party candidate for con-
stable In the general election of No
yember and named Councilman j.
G. Wallace as the party candidate for
the Office. Cox ran last on the
ticket in the election, j. W. Hester,
the Republican candidate being elect
ed and Councilman Wallace stand
ing second with nearly twice as many
votes as Cox received.
| Only few days after the indict-
| ment against Cox were returned, the
| common council arraigned him on
charges Of malfeasance and misfeas-
ance and Councilman W. c. Jones, OF
the Third ward. offered a resolution
ousting Cox from Office and declaring
his seat vacant. After a long dis
cussion. the council deferred action
ON the resolution pending the outcome
OF Cox's trial before Justice Brown,
the body adjourned to meet again
at the call oil President Jones.
Accompanied by his attorney, Fay
s. Collier, OF Hampton, Cox appear
eu In the court room to hear the
opinion Of Justice Brown yesterday
morning. Commonwealth Attorney
c. c. Berkeley also was present, but
he left the court room alter Justice
| Brown had finished reading his opin-
ion on the first indictment. He later
declined to make any comment on
the opinion of the justice. A small
i crowd OF spectators was on hand TO
hear the opinion.
The Opinion.
| Justice Browns opinion Is rs fol-
lows:
This is an Indictment for a mis-
de meanor at common law
The commonwealth Introduces 70
support its case letter written by
u. {. Cox. member Of the common
council OF this city, 10 III. r. BramIcy,
4 paving contractor Of Cleveland.
Ohio. whose company has heretofore
contracted for paving in this city.
| The guarantee of the work hereto
fcre done is now in force, and has To-
be passed upon hy the members OF
the council of this city. The letter
/ Is as follows:
Newport News. Va. June IL. 1909.
Mr.. Bramley. Cleveland. OHIO
Dear Sir: guess YOU have heard
OF my election. carried every waId
| in the city by large majority. so
yoa can see how | stand here with
the people. There are a few places
would like to 90 IN your behalf as
am sure can do you some good, anu
myself toe. and you can send me a
check Tor Sieo to defrsy expenses as
socn as rcsSible. would also like to
come over to Cleveland and have a
talk with you. as when I resign my
seat IN the council the first OF the
year would want TO represent you
In your behalf. as you know Under
stand everything. and can save You
many a dollar. when the time comes
viii also pnt man in my place that
I can talk to. as you know the ma
jority Of the council IS with me and
they viii % business with me before
they VII with anyone else. as We
al understand each other.
Hoping ycr win give this your
prompt attention. am.
VERY Truly.
e G. cox.
Councilman
T, The testimony Shove tnat at
some time prior to the writing 81 this
letter. sad fhe huding q this sndicf-
men,. Mr.. Brauiiey had selected NJ.
Coz 10 90 20 Isynchburg and Roanoke
and assist IN obtaining eortrarts for
Branley's compsny. stating that hc
usranley) would pay The expenses G.
the trip and Otherwise rom1nernte