Daily press. [volume] (Newport News, Va.) 1896-current, 1910-05-12
HEARING OF TESTIMONY
NOW WELL UNDERWAY
City of Newport News Joins Fight as
Far as Territory West of Salter's
Greek is Concerned and Also Goes
After peanvilIe-Five Witnesses
on Stand.
(From a Staff Correspondent

HAMPTON, VA, May 11.-Hearing
On the merits OF the annexation pro-
Ceedings through which citizens OF
what is known as the Boulevard sec
ton are endeavOring to be brought
within the corporate limits of the
city of New$ort News began today
at noon in the Circuit Court of Eliza
beth City county, after the court had
overruled every technical obstacle
raised by counsel for the party de-
PENDANT. Elizabeth City county. Judge
r. Carter Scott, of Richmond is sit
ting for Judge Robinson in this
case by the governors designation,
the statute making the local judge
incompetent to near the proceedings.
A feature of the premiinary pro-
ceedings was the action of the city
OF Newport News. through City At
tOrney J. A. Massie, joining in the
petition insofar as that part of the
territory involved situated between
Salter's creek and the present limits
of the city is concerned. Mr.. Mas
sizes petition also asks that a section
OF Elizabeth City county known as
Deanyille, not included in the original
petition OF the Boulevard residents,
be put into the city. Mr. Cumming
of counsel for Elizabeth City. object
ed to this, and the court suggested
that if the citys action had taken
counsel tor the county by surprise
lie would adjourn over TO allow the
defendant to prepare TO meet the new
situation. Mr.. Cumming said that he
could not contend that he was taken
'by surprise, but he noted an excep-
ton to the courts ruling.
The Case as it Stands.
AS the case now stands. sixteen
qualified voters of the Boulevard sec
ton are asking that the limits of the
city be extended so as to take in ali
Of that territory lying between Sal
ter's greek and a point just east of
Maple avenue and between Twenty
seventh street projected and Hampton
Roads, and also the strip of territory
situated between Salter's creek and
the present limits OF the city. running
from Twenty-seventh street to a.
point where the present southerly
limits of the city would strike Sal
Ier's creek if projected.
The city of Newport News joins in
the petition as to the strip west of
Salter's creek, and also asks for the
Deanyiile section. Elizabeth City
county, as part defendant. is fighting
the whole business.
o. ID. Bachelor represents the
Boulevard petitioners; City Attorney
J. A. Massie represents Newport
News. and the defense for the county
is being conducted by Common
wealth's Attorney +. Z. Montague and
5. Gordon Cumming.
Hive Witnesses for Tho .&o.;.;on.re
were heard after the hearing on the
merits began. and The taking of testi-
mOny will be resumed this morning at
10 o'clock. It's not believed that the
case can be disposed of before to-
morrow night. if then.
Judge Scott arrived from Richmond
this morning and court convened a
few minutes after IL O'Clock. Mr..
Batchelor opened with a statement Of
the object of his petition and what he
expected to prove.
TechnicsIities Swept Away.
Mr.. Cumming filed a plea of res
judicata. In plain English. he sub
mitted to the court a contention that
this was a matter already settled. He
held that because a strip of territory
connecting the petitioners section
with Newport News was involved in
the proceedings dismissed by Judge
Shackelford in the Warwick County
Court last week. and that therefore
the matter al issue already had been
passed upon and should be dismissed
by this court
Judge Scott dismissed the motion.
declaring that this was a new pro-
oeeding and that the decisions oil
Judge ShackelfOrd had no bearing
upon the situation. The county ex-
cepted.
Then Mr.. Cumming filed a de
murrer. alleging that the petitioners
had failed 10 set forth that the pro
posed annexation was necessary and
expcdient. Mr.. Bachelor was allow
cd to amend his petition to meet
this point
List Of the Voters.
The FIRST witness Gale. 20 the
stand was W. r. Bell registrar %
Wythe district. who testified as to
the number Of qualified voters In
Hampton Roads precinct. IN which
the territory proposed 10 be annexed
- situated u developed that there
are - voters In this territory who