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

II have read this letter, and TO
read it, until 1t is known 10 me al
most word by word The more ]
read It, the more foolish It appears
TO me.
The courts Of this country have
always neld that II there be two
theories. one consistent with the IN
nocence OF the accused and the ether
consistent with his guilt. the trial
court must adopt the one consistent
with his innocence. This letter I'M
presses me more like the proud boast
Ct some school boy who has just at
tainod some cherished desire. or OF
some foolish. proud person bursting
with the importance Of their own
bigness, than 1t does like the mature
product of mature man. There Is
no law that know. prohibiting such
men from running at large. Boosting
of their Importance. when and 10
whom they may see fl: nc law re-
stsaining them from making fools OF
themselves where and whenever the
desire to do so may strike them.
have before heard Il stated that every
man has right 10 act as foolish as
TO his mind may appear fl aud pio-
per. bur il certainly appears 10 me
that Cox has recklessly abused this
natural right: 5u. the law does not
attempt to punish that man criminaliy
TO. such extravagant abuse. The let
ter, construed in the light Of the
testimony CT the Witnesses does not
to my mind, furnish sufficient evil
dence upon which to hase conylc-
ton. | dismiss this charge.
The other indictment is similar IL
form to the one just passed upon,
but the commonwealth produced 9th
eT testimony to sustain II.
Mr.. Demarest Is the witness upon
whose testimony the commonwealth
chiefly relics.
mfr. Demarest says that en- one &C.
casion while in this city he was APP
preached by Mr.. Cox. and told by him,
the bows were becoming very restless
about the condition of his pavement,
and the repairing of the same, but
that he fCox) thought he could fix
il up for aboait two years interest on
the money held as a guarantee or the
pavement by the city. amounting 10
abcut $1,000. DemaIest took the mat
ter under consideration. as he knew
nothing about this matter here ana
stated he would let Cox know what
he would do upon his return to TINS
CITY later. but replied that the paving
looked gccd to him upon his return
to this city later. Demarest says COX
cf his own voItion without even ASK
ing the fate of his former proposal,
again offered TO fix II FOR the sum oi
81 600. All of this is absolutely de-
MED by Cox. The denial Of Cox Is
moi the only instance In which De
marest's veracity is assailed in TINS
case. Ii is In Testimony that ALr. De-
marest approached a member OF the
board OF aldermen of this city. Cant
Weston. about this time and tried 10
Obtain a statement or promise from
him that the beard OF aldermen would
he light on his company, as 1t was
good company. which advance was
repealed by him tCapt. Weston). Wig
crously. This is fatty denied by De
marest. So far as the people OF TINS
city know and so far as this court
knows. it is the first time Capt. Wes-
toms yeracity has been questioned
Everybody here knows him. mem
her of the board Of aldermen JOE
wears. and an employe of the cnesa-
apeake 4 Ohio Railway in an import
ant position. II unreliable, II seems
10 me that those in constant coh'ac.
with him should have found 1t OUT
before now.
so then we come fatty face 10
face with the proposition Of Demarest
against Cox. a proposition suggesting
who the parties are and what -
wnown OF them. Until shortly no
one eyer took Cox seriously, so far as
7 hayisbeen able to learn. but ] never
heard his veracity assailed in TINS
manner before. and he has been living
in this city fcr years. occupying po-
s'tIons Of importance. and the peopic
IF his community row actiDg DC
though they have yet confidence III
his integrity, On the other nand, Nc
msrest H. unknown TO rs personally
the representative of paving coin-
many. the officers of which company
have been Indicted in several places
Ger bribery and some OF them con
~;o,al. he himself. at the present