Daily press. [volume] (Newport News, Va.) 1896-current, 1910-01-04
Judge Barham Hold City En-
gineer Not entity.
GIVEN BENEFIT OF DOUBT
Court Tells Ofsieer That His Expla'
nation is Not Entirely Satisfactory
Cox Case to be Taken Up This
Morning. ti

Giving City Engineer 7. f. Pearse
the benefit OF the doubt" Judge
BaThap yesterday morning dismissed
the charge of contempt OF court
sgainst that cificer. which grew ont
of the Investigation into the areged
election frauds which was made oy
the special grand jury In the Corpo-
ration Court last October. In dis
charging Mr.. Pearse, Judge Barham
spoke very. plainly. saying that the
city engineers explanation OF his al
legged interference with Il. Il. Davis. a
witness before the grand jury. was
not entirely satisfactory to the court
and that it had made his case even
worse than the testimony given Dy
Mr.. Davis.
When Judge Barham reconyened
the Cooperation Court yesterday
morning after the holidays. the con-
tempt snling against Mr., Pearse was
taken up. MIR. Davis, who was a can
didate for the Democratic nomination
for constable in the primary OF June
~. 1909, and who says ne was prom
ised s25 by A +. Burcher To withdraw
from the fight, was first called TO the
witness stand.
Would Tell Whole Truth.
He said that Mr.. Pearse had come
10 bis house and ted him that wnen
he went before the grand jury he dld
not have to tell anything that would
incriminate himself. The witness
said ,het at no time was the attitude
OF his caller threatening, but he
tDavisl had heard SO much about
the affair that he was rather angry
about it and he gave Mr.. Pearse to
understand that he proposed to tell
the grand jury all the truth even II
ne went to Jail fer it."
AR. Pearse was sworn. lie said
that he did not know in what case Mt.
Davis had been summoned before the
grand Jury. Mr. Davis, he said, had
been sympathetic with him when the
sand base matter first came up and
that through friendship be happened
to step at Mr. Davis house one even
ing and told him that he (Davis) did
not have to tell the grand jury any
thing that would tend &c incriminate
himself.
No Interference With Jury.
After weighing all the evidence,
Judge Barham announced that he
would dismiss the rule
Your explanation to my mind Is
not entirely satisfactory said the
Judge. but / shall give you the bene-
ft OF the doutt and dismiss the RUE
against yoc. In doing SO, however,
want il distinctly understood that
there must never at any time be the
slightest attempt to interfere with the
work Of a grand jury. Witnesses must
go before that body untrammeled ano
without having been interfered with
Otherwise, we might as web abolish
the whole system Of courts.
You say tina. you did not know
in what case Mr.. Davis had been
summoned. | accept your word IN
this. But the grand jury must be left
10 work without the slightest outside
influence and witnesses that go be-
fore that body shall not be interior
red with"
Cox Case Today.
Al the conclusion of the trial o!
the contempt proceedings, Judge bar
ham disposed of a minor civil case
and then adjourned court for tn DAY
This morning the case OF Councilman
Ernest c. Cox, indicted for violating
the Darksdsle cure election law, viii
be taken up. The case Of former
Councilman 4. h. B1cher. indicted
ON the same charge. will be taken OF
tomorrow.