Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-11-13
TREHY's. APPEAL IS
....DEkfED By COURT.
Supreme Tribunal Upholds
Mandamus Issued by
Judge McLemore.

Judge McLemore.
MUST SHOW THE LIST.
Richard w. PeatrOss, Defeated By
One Hundred Votes. Will Contest
Election.
Richmond, Nov. 13.-That poll
books are pubic documents, and, con-
sequently, accessible on demand to
any citizen, was established yester-
day afternoon when the State Su.
preme Court Of Appeals refused to
reverse the decision of Judge Nc
Lemore, of the Circuit Court of the
city of Norfolk, ordering James V
Trehy, clerk of the Corporation
Court of Norfolk, to surrender the
poll books in the recent election to
Richard w. Peatross. In the State
election Of November /, Trehy was
reelected over Peatross, candidate of
the Citizens party, by majority of
93 votes in 1872 cast. Peatross has
given notice Of his purpose to contest
the election, but when his attorneys
went to Trehy to obtain the poll
books to be use5' in preparing the pc
tition for recount, they were re-
fused permission to see them.
Counsel for the defeated candidate
ut once applied to Judge McLemore
for writ of mandamus to compel
1rehy to surrender the poll books for
inspection. This writ was granted on
Tuesday afternoon. Trehy's attor-
ney. Walter H. Taylor insisted upon
taking an appeal to the State Su-
m enc Court and presented his argu-
ment YESTERDAY morning to the full
court. Inspired to haste by the fact
that peatross must file his notice of
contest before tomorrow, the judges
of the Supreme Court went into con-
ference Immediately, and unanimous
" agreed to affirm Judge Nc Le-
more's decision.
This action by the Supreme Court
means that Trehy. as custodian oil
poll books. must today surrender for
the inspection Of his opponent the
records of persons voting in the re-
cert election. The suspension OF
the mandamus allowed by Judge Nc
Lcmore expires this afternoon, ana
retross's attorney can then peruse the
Doll books at will 1t is expected that
the defeated candidate will file his
pctition for contest tomorrow.
Immediately after it became known
in Norfolk yesterday afternoon tha'
the Supreme Court had denied Mr.
Trehy's application for writ OF er-
ror in the mandamus proceedings
James E. Heath, Of counsel Tor the
Citizens candidates, took up WIN
Mr.. Trehy's counsel the question Oh
whether the court clerk would insist
upon waiting until the expiration Oh
the Circuit Courts suspending order
before permitting inspection OF the
poll books. Mr. Heath stated later
that he had been assured that Mt
Trehv's attorneys would ADVISE the
court clerk to allow the examination
of the books to begin at once a le"
hours atterward the Citizens lawyers
were notified that Mr.. Trehy wou.o
hermit them to commence the eXaml-
nation immediately, and shortly De,
fors 9 o'clock last night they began
work -,
Mr.. TreAy last night issued the 1ol-
lowing statement:
II declined to exhibit the poll books
TO counsel for Mr.. Peatross because
was advised by my counsel that nat
no right to do so.
Having heard that the Court OF Oh
Appeals has decided otherwise al
though the official mandate of tht
Court Of Appeals has not come dowr
to Norfolk. and although the ordel
suspendine the mandamus still re
mains in force, l am reatty to fac'l
itate the examination of the pol
hooks in every way. and hav'
offered to allow the inspec
ton to begin tonight, though
Judge McLemore's order provide
that the examination should be mad
onlv between the hours Of a. m
and p. m.
"I am entirely satisfied that tn
most careful denomination Of thI
election will show that was dull
slectsd, III spite of the fact that 81
cry prstaSt IL nov sough. BY wMs