Daily press. [volume] (Newport News, Va.) 1896-current, 1909-11-06
All Evidence in and Argument
in Progress.
CAPTAIN BERKELEY OPENS
pwels Upon Wrong In Using Pub
lie Office for Private Gain. and
Cites Many Authorities--Mr. Col
lier Begins Address.

With Councilman Ernest L. 'ox
again on the witness stand, the trial
OF that official on the charge Of having
solicited a brine from the Cleveland
Trinidad Paving Company was re-
sumed In the police court yesterday
morning and continued throughout
the day, the taking OF testimony nm
ally being finished about o'clock.
Commonwealth Attorney Berkeley
opened the argument as soon as the
evidence was all in, and when he
concluded Attorney Collier began his
argument for the defense. Mr.. Col
lier will finish this morning: then
Captain Berkeley will conclude. and
the case will be with Justice Brown.
The indicted councilman was on
the stand throughout the morning
session and questioned chiefly by
Captain Berkeley relative as to what
he meant by the various terms used
in the letter which he wrote TO the
paving company on June IL.
cortradicts Davis and Fraley.
During the morning Mr. Cox en-
phatically denied all knowledge Of any
transactions relative to the negotiable
notes which were to have been paid
to Messrs. Davis and Fraiey In return
for the withdrawal on these gentle
men from the race for constable IN
the Democratic primary.
Mr.. Collier. attorney for Mr.. Cox.
objected when Captain Berkeley in
questioning TIE witness referred to
the matter of the 500 said to have
been paid Cox by President Rock, OF
the Philadelphia paving concern.
During this discussion Captain
Berkeley made the statement that
he would endeavor to have Mr.. Rock
indicted for bribery in connection
with the paving matter.
Mr.. Collier contended that II was
no more of a crime for Mr.. Cox to
accept a retainer from the Philadel-
phia concern than fer Messrs. Ford
and Robinson. members of the COM
mon council and toard OF aldermen
respectively. to be in the employ or
corporation such as the Chesapeake
4 OHIO Railroad Company. which. he
said. was paid by the city fer the
work OF keeping the city bridges in
repair
Afternoon Session.
During the afternoon session. which
was commenced shortly after 3
o'clock. Cox was again placed on the
stand and. in reply TO questions from
his attorney. he stated that he had
never approached any person or per-
sons with a view to obtaining money
for any influence which he was to
exert In obtaining favorable leg;sla-
tion for the benefit Of any paving
CONF any.
During his long session on the wit
ness stand yesterday Cox answered
all questions In clear. firm voice
and in a confiden. manner without
hesitation. except that at one time
he seemed to have trouble in re-
membering the initials of Mr. J. c.
Wallace. who was nominated by the
city Democratic committee to make
the race for constable On the Demo
cratic ticket in his place, he insisting
that Mr. Wallace's initials we're W. e.
instead of ]. c.
Shortly after the beginning Of the
afternoon session Of the court Mr..
Cox was excused from the witness
stand and his place taken by Council
man w A. Spruin. In answer to ques-
ton said he recognized Mr.. Demarest.
"fthe Cleveland paving company. who
was In court, and that Mr. Demarest
had been introduced to Captain Wes-
ton before the letting OF the contract
fer the paving.
Mr.. G. Albert LEM. a member OF
the school board and Cox's bondsman.
was the next witness called by the
defense and he also testified that ne
was present when the city engineer
introduced Captain Weston and MIR.