Daily press. [volume] (Newport News, Va.) 1896-current, 1910-02-16
Cox on Trial for Alleged Elec-
ton Law Violation.
MAKES SWEEPING DENIAL
n. e. Davis and w. c. Wilson Swear
That Councilman Promised Former
Money IL He Would Get Out of Race
for Constable Nomination.

Some interesting bits of testimony
were given at the trial of Councilman
Ernest c.. Cox in the Corporation
Court yesterday on the first of two
indictments charging him with VIC
iating the Barksdale pure election
statute. Among other things it de-
yeloped that r. +. Davis and his cam
paign manager w. C. watson APP
preached Cox and asked him If he
would pnt up money TO have Davis
withdraw from the race for the Demo
cratic nomination for constable III
favor of Cox. The same witness who
gave this testimony also said that
long after the primary Davis had told
him that Cox hadn't paid the $50
promised for Davis withdrawal from
the race and that IF he didn't pay up
he (Cox) would never be elected
constable as he would squeal on him.
All Of the evidence in the case had
been heard when court adjourned for
the day at o'clock in the afternoon
and the argument before the jury
will begin Immediately after the court
convenes at 10 o'clock this morning
AS soon as the jury returns its YER
dict Cox will be arraigned for trial
on the second indictment charging
him with promising to pay J. p.
fraley a certain sum of money to
withdraw from the race for the nomi-
nation for constable. When that case
is finished, the trial of Former Coun-
Gilman A. f. Burcher on similar in
dictments will be gone into.
Object to One Juror.
Considerable difficulty was exper-
fenced in empanelling jury when
Cox was arraigned yesterday morn
ing Among the seven men empanell-
ed was Archer A. Applewhite. who
served on the jury which decided
against Burcher when his plea in
abatement claiming immunity from
trial On the pending indictments was
heard last month. Attorney Fay s.
Collier, of Hampton. of counsel for
Cox, objected to Mr. Applewhite serv-
ing on the trial jury because he had
been a member of the Burcher jury
Another venire was drawn and two
other jurors empanelled, but both
were stricken off the jury list by the
defense and Mn Applewhite re-
manned. Finally the defense agreed
to 60 ahead with the trial with Mr..
Applewhite in the jury box
Cox Denies II All.
Cox took the stand in his own de-
Tense late in the afternoon and de-
MED that he had ever promised to
pay Davis any money to get out OF
the race. He said that Davis and
Captain Wilson had approached him
and asked him to give Davis money.
but he had told them that he wouldn't
give them "a damn cent because he
could whip the field. Cox also denied
that he mad authorized Burcher to give
Davis or anybody else any money TO
influence them to withdraw from the
race in Coxs behalf.
In reply to a question from his at
torney, Cox said that Contractor j.
w. Davis, who laid the vitrif1ed brick
paving here did not owe him any
money and never had owed him any
and that Mr.. Davis never had any
reason to give him any money
When Captain Berkeley had finish
ed the ross-examination OF Cox. At
torney Collier said that he wanted to
have ]. w. Davis summoned for this
morning and asked for an adjourn
ment. Captain Berkeley asked what
the defense wanted to prove by Mr.
Davis and Mr. Collier replied that he
wanted to show that Mr. Davis didn't
owe Cox any money and that he did
not agree to give Cox any money
Captain Berkeley said that the
Commonwealth would cOnccde that
and the trial went on.
Davis First Witness Called.
r. T. Davis was the first witness
called and was on the stand for up
wards of two hours. He said that
be had decided TO withdraw from tine
race because he was convinced that
he could not win. After he had
reached that conclusion he had