Daily press. [volume] (Newport News, Va.) 1896-current, 1910-03-01
ALLOWED BURCHER TO
PAY FRALtY TO GET OUT
illegal Transaction During Campaign
In Which he Won Democratic Nomi-
nation for Constable Proven by Two
Moves That
Verdict be Set Aside.

Councilman Ernest C. Cox. of the
Second ward was found guilty by
jury in the Corporation Court yestcr-
dsy afterno.n OF IA violation Of the
Barksdale pure election statute and
was fined $500. Immediately after
the verdict was read, Attorney Fay
S. Collier. cf Hampton, OF counsel fof
the accused. made the usual motion
To set aside the verdict on the
grounds that II is contrary 10 the law
and the evidence. Judge Barham WIZ
hear argument on the motion at a
later date and should he override the
motion the case probably will he APP
pealSd to the supreme Court OF Vir-
ginia.
When Judge Barham convened
court at 10 O'clock yesterday morn
ing. Cox was arraigned for trial on
an indictment charging him with
knowingly allowing friend and ad-
herent TO promise j. p Fraley the sum
of SIS in consideration of which prom
Use Fraley withdrew fIcm the race
for the Democr atlc nomination Tor
constable in the primary election OF
June ~, 1903. and supported and
voted for Cox. The trial of the case
was Immediately gene into, the Com
monwealth putting on its evidence.
Attorneys Collier, of Hampton. and
T. J. Christian, of this city. appeared
as counsel for Cox. while Captain
Berkeley prosecuted the case for the
state.
Fraley and Clindenist Testify.
Fraley and J. b. Clindenist were the
principal witnesses for the prcsecu-
ton. Fraley testified that he had
announced his candidacy for the Dem-
oc-atic nomination for constable and
had gotten cut posters and done 9TH
err advertising to the extent CT SIS.
Realizing that ne could not win, he
decided to withdraw from the fight
aud ClindeEist took the matter in
hand A meeting was arranged be-
tween Fraley. Cox. ClinGenist and A.
r. Burcher and after a conference
Burcher made OFT promiscry note
FIR SIS payable to Clindenist. The
note was endorsed by Clindenist anG |
turned over to Fraley and the latter
not only withdrew fiom the race. but
used his influence among the voters
in Cox's behalf and voted for Cox in
the primary. The note was put into
Schmelz Brothers Bank for collection.
but Burcher failed to take it up and
Fraley did not receive any money for
getting out of the fight.
Cox Named the Day.
Clindenist went On the stand and
substantiated Fraley's story in Frac-
ticallv every particular. II was in
evidence that when the ncte was be
ing drawn. Cox examined the calendar
and told Burcher on what day TO make
the aote payable. Cashier Z. Stuart
Blantou. Of Schmelz Brothers bank.
testified that Frsley had presented
the note at the bank for collection and
that I was not taken Up.
Both Fraley and Clindenist were
subjected T. lengthy cross-examina
ton by Attorney Collier. but their ties
timony was not shaken during the
ordeal
Considerable time was taken
up IN agreeing or the IN
strucfions to the jury and
the argument before the jury did not
begin until late in the afternoon. Cap
tain Berkeley opened for the State.
He went ever the evidence In d. tail
and agreei on the instructions TO the
jury rs passed upon BY the court.
Plea for Mercy.
Attorney Collier mad an adde's
before The jury. making light e he
charge. He declared that Cox was
b. ing made 'scapegoat-' Z by he
Commonwealth End that others more
deeply concerned IN the matter were
allowed 10 90 free. II. TO. vent over
shc evidence and Instructions IN detail
and wound up with plea 70 the ju-
rors TO pts themselves n Cox's place
IN the matter and 10 d. by him a.
they themselves would be done by
under similar Circumstances.
Captain Berkeley made a somewhat
lsuEthy closing speech. lie answer
I'd Mr. Golfers charge that Cox vas
being made "scapcgoaf- 81 b. say
ing that al the facts rad been isid
tcfcre IN. grand jurors md that they
had rctu-rrd the indictment
Pyrpcse o. 5srksosie Law.
Turning his attention 10 the cleo
ton. Captain Berkeley said that there
had lonz been crifs ~ fraud and
what not In eicctions here and cize-
where In virginia and that the Banks
dale law lad bern pssTd - d. avsy
with ali ifsud Il vas desieucd. he
said. 70 prohibit The bvJiuE q votes
~ candidates. and their sdhereuis and
% punish aay person vho bought q