The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-10-03
Judge Tells lndicting Body
Duty Compels it to lnvesti-
gate Primary Scandal
COMMITTEEMAN PRESENT
REQUEST FOR INQUIRY
Jurors May Take Up Matter Inn
mediately or After Routine
Business is Handled-Large
Penalties Provided by Code.

Especial to The Richmond Virginian.,
NORFOLK. VA. october 3.--Judge
Hanckel Monday instructed the grand
jury that il was Its duty to inNest-
gate alleged election frauds as brought
in the investigation of the Democratic
congressional primary just closed aud
the grand jury viii go into the mat
ter except that there is nothing for II
To DO in the matter of alleged failure
on the part of both Congressman
Maynard and William a. Dung To
fife statements of their campaign ex-
penses as contemplated under the
Barksdale election law
Judge Hanckei said to-day pro-
cedure under thus Law could be had on
motion by the Commonwealth 10 col
iect a maximum fine of $4,000 from
each OF the candidates for failure 10
file their statements
II the candidates We're proven to
be subject To IA fine its payment would
he ordered but II the candidates were
without means to meet il no further
action is provided Commonwealth s
Attorney fiiton said the law contem-
plates that actions under the Banks
dale statute shall be brought in the
jurisdiction in which defendants re
side and he would be without juris-
who lives In Portsmouth. Asked as
to any possible action In Norfolk under
the Rarksdale law MIR. Tilton said
the development In the whole pro-
ceedings from to-day would show
what he intends doing. that after
Judge Hanckei to-day instructed the
grand jury to investigate he had told
the jury he stood ready to give them
sill assistance in his power and will
do SO.
May Postpone Probe.
Judge Hanckel. in instruCting tS@
jury to investigate the alleged frauds
suggested that 1t might pe net1et 10
wait until the routine business OF the
court term had been concluded and
take the election matters up later
in the month, but that the members
OF the jury could think over the mat.
ter during the day, and II they desired
to 80 into the investigation at once,
could do SO.
Shortly after the jury had been IN
structed by the court and retired to
its room to take up routine criminal
matters, Tazewell Taylor, James q.
Martin and James +. Heath, appoint
ed by the mass-mee,ing at the Acad-
envy of Music September II com
mittee to present Ia the court resolu-
tons adopted at that meeting calling
for q court investigation Of fraud APP
peared. and through Captain Taylor
presented the resolutions. which were
read and then handed by Taylor in
person to Judge Hanckei. with the
request that he take such action in
the premises as the case properly de-
mands.
Judge Hanckel said he had already
referred the matter to the grand jury
with the suggestion OF considering 1t
In detail later in the month, but that
IL the jury decided to GO ahead at
once II could do Eugene A. Bill
soty was also in court when the reso-
buttons were presented. and Res. nr.
r. A. Robinson, pastor of Cooley Me-
mortal Presbyterian church. was like
wise an interested spectator.
Busy Times Ahead.
From all OF the things that We're
proven before the primary nvestigat-
ing committee ii looks as though the
court may find itself very busy with
petit jury trials for the next few
months IL section lee &C. of the Code.
upon which rests all the election pros
ecutions. is found TO apply to primary
elections not legalized in law.
Persons found guilty under this act
OF hribing any one in the election in
any way whatever would be subject
to imprisonment OF twelve months and
q $500 fine. Persons found guilty OF
lntimidating any one in the primary
would be subject to like punishment
ePrsons found guilty of having ret
more than IS on the election would
be subject to a fine of not less than
~ amount they bet nor more than
nVo times the said amount
Judges OF election found guilty Of
neglect Of duty as corruption would
be subject to twelve months in jaiI
and 4 fine OF $500. Persons. found
guilty of illegal voting would be sub
Ject to a fine of 1000 and twelve
months in Jail.
Persons found guilty of attempting
to influence voting would be subject
to twelve months in Jail and 81 1000
fne. Persons furnishing false ballots
would be subject to twelve months In
jail and $1,000 fine. AS would also
other persons found guilty of putting
q fraudulent ballot in the ballot box
for 1ny one else Or voting non-
resident OF his precinct. or persons
found guilty OF receiving or giving a
bride.
Won't Help Matters.
Discussing q new registration In
\ Norfolk by order of the electoral
y board for the purpose OF purging the
present registration books of all
names that should not be there. Ed
ward Brockenborough. secretary of
the board, and anti-machine man in
Norfolk, declared to-day that he did
4 not zee how a new registration here
would help things, or how anything
really definite could be accomplished.
He said that il the electoral board
u ordered new registration It would
have 70 deal with the permanent reg
tstrAtion made in 1904 under the pro-
vision OF new constitution, and that
this permanent roll could not be
touched except where dead men were
found or proof was submitted that
persons had moved from the State
Then, he said. names could be
stricken from the permanent roll. MIR.
0rockenborough's idea was that the
(Continued on sixth PAge.)
YuYTNA ITCT