Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1852-03-27
from Tie True DsAa.
Litigation Of the Election.

BltiShtIOu vi tN6 ElGGtiVAt
Whilst the vote iii The late charter cleo.
ton was being counted yesterday. by
Sheriff Fferet, aided BY Recorder Cald.
we'll. and Justices Lngenballi and Byrne,
1t was diseoyefed that the returns from
tile Fourth ward Of the Second Munich.
patty represented only the aggregate
vote for each candidate, aud that ITO tales
were sent III. It being alleged that error
was found in one 6r more of the tales
already examined, citizens present denim.
ded that tile ballots Id tile boz should be-
counted to verify the returns. Recorder
Caldwell was hot present. when this de-
mand was made, bit Justice Llgenbuti
thought it proper and just. There was d
&c ssation Of counting for some time, and
Mr.. Freret having taken counsel, leclar-
ed that In his opinion, be was merely d
ministerial officer, with no power TO 20
beyond the csftifsd rsttrfis Of the Inspee4
tors, and tiierefors lie refused 10 count
the ballots. lie also considered that the
law devolyed upon him the duty Of en-
aiming the returns and reporting the re.
suit, aud that tho presence Of the Reeor-
ders, Justices Of the Peace or citizens,
10 witness Tie proceedings, not TO take
part in the examination. Mi. Frsret hav-
ing given this as his opinion, Justice LII
genbuhl retired aud look ne further part
In the examination, considering himself,
as he said, according to the declaration OF
the Sheriff, as d {" fifth wheel to o eoach."
Justice Lt,ganbthl having left, aud no
other Justice remaining, but Mr.. Byrfe,
Alderman Giquel of the first Municipali-
ty offered to serve in the place Of Justice
L%uaebbtihl and was accepted.
The examination Of the returns then
proceeded to tile end, and the result was
proclaimed by the Sheriff as directed by
law.
In the meantime, however, Mr.. WIN.
Fl. Wilder, late III the afternoon filed the
following petition, to the truth OF which
he swore, to Tie best Of his belief, in the
Fifth District Court
To the Honorable A. IA. buchanan,
Jaago Of tic FJfh District Court 9
Nete Orleans.
The petition Of VIM II. Wilder, a
resident Of the city Of New Orleans, res
p~eetfnlly shows:
That he, Is a citizen OF The State Of
Louisiana, and a voter Of the city Of New
Orleans, aud that he as Il eitizaii aforesaid
will be effected by the result of the cleo.
ton held IN the city aforesaid on the 22d
March, 1851. Hence your petitioner n.
VOWS that on the 22d day Of March 1862,
pursuant to Il proclamation to that effect,
and issued by the proper authority, an
election was held in the city Of New Or
leans, now composed OF the First, Second,
and Third Municipalities, together with
the city Of Lafayette, for Mayor, Treasn.
rer, Comptroller, Surveyor, Street commits
siorier, Aldermen, Recorders, aud assis-
taut Aldermen as prescribed by law
That returns were made by the presiding
officers Of said election, and which returns
were submitted by James z. Freret,
Sheriff Of tie Parish Of New Orleans
james II. Caldwell, Recorder Of Mum.
eipaity No. Two. Daniel Byrue and Luz
genhntil, Justices Of the Peace for the
Parish Of New Orleans, as prescribed by
law, in order to make proclamation OF the
result Of the election, A. d. Gresham,
Mayor Joseph Genois, Recorder Of Mu-
~nicipality No. One; and 7. Scuzenau,
Recorder OF Municipality No. Three, be-
ing candidates for reelection.
Your petitioner does again allege that
there Ia error in the coupt Of votes for the
different officers voted for, and that the
ballot boxes from certain wards do con-
tain more ballots thon there are names on
the poll list !; and accordingly yonr petit
toner suggested that the votes should be
counted, and the name OF each person
to be tailed. In order to verify the election
md returns; but they, tho said james II.
Caldwell, ID. Byrne and G. Lugcnbuhl re-
fused TO do so.
And your petitioner further AYERS that he
has reason TO believe that in the Fourth,
Seventh, Tenth, Fourteenth and Fifteenth
precincts Of said city, gross errors have
taken place ia the counting and tallying
Of said votes.
And your petitioner further ayers that
he does believe that if a recount and tally
be had OF said ballots, a different result
will occur as TO the election Of certain
officers, Us proclaimed by the Commissions
ers Of election.
Wherefore your petitioner prays that a
writ Of mandnmus issue, compelling
eaid Recorder and Justices to proceed to
not only recount said ballots, but that the
nm OF each person voted for be also
called and tailed.
And your petitioner viii ever pray, DC.
J j.. LuGENBunL, Attorney.
This application was sent to judge Blu
chanan at his residence, who ordered that
the Sheriff, Recorder Caldwell, and JUS.
tees Byrne aud Lugenbuhl, show cause
at ii o'clock this morning, why q man
danns should not issue as prayed fof.
P~ALrIrArIoN or THE IfEaRr-Tea,
Coffee and tobacco Professor w.
Parker, d the New York College Of
n e8sEEZ-& - Z -ys~