Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-06-13

Mr.. ROSSelle AT nrSL tnought That he had
gotten his Information about the middle of
the ensuing week, but on examination he
found that the extract was of the Sunday
ensuing the election. He therefore got Il
on Saturday.
TBos.H. Boswell, SDOTn.-Was Judge OF
election at the sixth colored polls. We had
two boxes there under the directions OF
the Commissioner Of Registration-one
fer country and one for City. We kept
the vote separate; we returned them sepa-
rate, and kept separate poll books. 1 could
distinguish the vote of the country from
that of the city. At that poll there were
only seventeen country votes.
CroSS-erdmiHed.zkept two books; the
instructions from the Commissioner were
in print; had a copy of instructions, but
lost it; there counsel for defendant at
tempted to read the original instructions
of Commissioner, but was objected to by
petitioners counsel, on the ground that
Witness must show what became of the
~copyFunder which he acted, before any
thing could be read to him to refresh his
memory; my recollection is that ] rolled
UP the returns in theeopy of Instructions /;
THE tur from the ward were shown
witness and he pronounced them the same
az forwarded from the ward to the Com
missioner the returns include both the
city and country vote.
Re-erdmined. - When parties pre-
sented themselves at the polls, would ask
where they lived, and from a knowledge
of the districts, would know where 20
place the ballot; there were only seven
teen country votes; the returns include
all the votes cast; the judges tried toobey
the instructions given them; don't know
where my instructions are. Here the
original instructions from Commissioner
were shown witness, and he stated
that they were exactly the same
under which he acted. Tho object
in having two Boxes was for the pur-
pose of preventing persons living in
the country from voting for Judge and
Attorney General of the Municipal Court.
Peter Glenn, ssOOTn.-Ama railroad man ;
upon an objection raised by defendants
counsel, plaintiffs counsel stated that
they wished and would prove that a large
body of men were brought in on the cars
from various places in the country and per-
mitted to vote. Court directed the exam
ination to proceed; am a conductor on
the Memphis and Ohio Railroad; had
charge of a train on election day; don
know who chartered it; received orders
and went TO Wythe; took all passengers
coming to Memphis; there were six car
loads and a baggage car well crowded;
each coach would hold fifty persons;
coaches were packed full only W women
on board; the balance were colored men
negroes; stopped at the ColOred Orphans
ASYLUM; the men then got off the train in
a body and marched up to Chelsea; two
white men were with them by the names
of McCloud and Thompson; the first
named party started from Memphis with
me; the other got on at Shelby Depot; I
reside in Memphis, n Front street. H
S.s.J..QUjRbU, sDOrH-TestimOny same as
that Of Boswell, except that there were
500 votes polled in the ward at which he
was a judge, of which ISL were from
the country.
GrOSs-eLdnjHed.-The returns were
shown witness and were pronounced cor
rect. At the close of the election the bal
lots were taken out of each box n
counted and returned TO the ssme boxes
from which they were taken, n all the
votes in both were counted for the Crimi-
nal Court. Poll books were all sent up.
Had no other instructions but those that
were in print.
". l.. MdrSh, SWOrR.-Testimony same
as foregoing, in regard to keeping two
boxes, etc.
P. D. Boyle, sWorn.-Testimony same as
IN. Pardy, strorn.-Testimony same
as above.
Wm. Barbour. sOorn.-TestimOny same
as above, as regards keeping two boxes
and manner of voting. He was one ofthe
Judges at the Nl1bn hdEu pcLSi AbNe
there were 4SI votes cast in both boxes, 80
were cast in the country box, and these
were all straight out radical tickets. No
scratching. The majority of these voters
were from Wythe, Raleigh, Big Greek and
Shelby Depot. There was such a rush
when they came up to vote it was impos-
sible to ask questions as to where they
lived. For a while all were placed in the
country box. Attempted to carry out the
prSntad iuGfr1fprfNnE FThp FpTnFnG Wnr1
examined and pronounced correet.l
Cross ErdmiRed.-The whole number of
ballots, after being counted and placed
back in the boxes, were combined and
counted for all candidates except for Judge
and Acknowledgement Of Municipal Court.
Had printed Instructions. Here the orig
inal instructions were shown witness, who
stated that they were the same as those
under which he acted, only his included
the Fifteenth Civil District. Deputy Com
missioner Tayior furnished me with the
l went by.
Isaac TGylOr, sUorR.-This witness tes-
was only corroborative of hat
in by Mr.. Barbour. Petitioners
here stated that the evidence for
the Plaintiff was through with, and it but
remained for them to examine the books
which the defendant, Williams, had re-
turned in court in obedience to asubpoena.
Defendants counsel denied the right of
the REALTORS counsel to examine said
books; that the books then in Court had
nothing TODD with the present law suit;
that the only thing they had a right to |
to was the returns of the Commits
which were open to inspection, but |
that as far as having a right to investigate
the poll books ofthe election that was not
that Commissioned Williams was
the legal custodian of such books, for |
he law required them to be certified to by |
he Clerk of the County and Circuit
Courts; hat not being properly in his
custody, he could not be compelled
% produce them for inspection; that the
and not the poll books were the
proper objects to examine. Counsel made
Iuite a lengthy argument on this int,
cases from Main and Mass. Reports
% sustain it. Some allusion WAS also
made tosa desire, as counsel Thought, on
part of plaintiffs counsel to stir up public |
ceiling in the matter. Mr.. Randolph, for
replied that the object of coun-
vel in desiring an examination of the poll
looks was to show that the votes cast by
living in the country could be and
we're designated on said books, and to
make plain how many votes were cast by
in the city, and by those in the
country that the defendant, as defense
dead that he could not count the votes
epdTdtety in regard to the county and
ny. I
It was TO show that this could be done,
hat the counseldesired the poll books and
alp list to be brought into Court
hen it would appear whether or not
be said votes could be counted separate-
Y; that the certificate from the poll
and the ballot was evidence of an
and not the returns of the
ldges; that when these conflicted, the |
oil books and ballots must be consid-
red as correct; therefore he asked that
he defendant be made to produce said
OOks, and that the plaintiff has the right
D examine same.
Upon the close of his remarks, Mr.. RAN
olph said that limitations had been
by defendants counsel that the .
counsel We're DESTROYS of rails
lg public sentiment in the matter before
ne Court, which was not true; that plain :
fl s counsel had no desire or intention of
public opinion; that il was true
public were interested, but it was for
he Court to decide the cause then before
(, and not the public mind; that suchin-
nations were improper and disagreea-
lie, and he hoped no more such allusion G
ould be made. !
Col. Bullock also arose to make a state I
lent. He said that he was the craftsman l
Z tho nafitian Of tha ralatOr and that