Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-06-02
FRAUD.
HUNTER APPLIES TO JUDGE REEVES FOR
A MANDAMUS.
He Charges Smith, Aston & Co. With I'm
porting Illegal Votes from Foreign
States.
Williams Charged with Issuing Blank Ger
tileates Of Registration, and all
Manner of MaIpraetiees.
Judge Reeves Refuses the aandamus,

To the Hon. Geo. ". Reeves, Judge Of tie
Circuit Court Of Shelby County:
Your ~relator, VIM. Hunter, q citizen Of
the county of Shelby and State Of themes
see, respectfully represents unto your %
orthat under and by virtue of an act of the
General Assembly of the State of Tennes-
see, approved February %, 1869, and in
pursuance of a special proclamation issued
by his Excellency d. w. G.. Senter, Gov
ernor of the State of Tennessee, an cleo
ton was held in said county and State on
the 9th day Of May, 1869, for the follow
Ing officers, namely, Judges of supreme
Court of State of Tennessee, ofthe Circuit
Court of the 18th Judicial Circuit, of the
Chancery, Criminal and Municipal Courts
of Memphis, Attorney General and State
Reporter, and for Attorneys General Of
the Criminal and Municipal Courts Of
Memphis, and of the 18th Judicial Circuit
and further, that at said election your re-
lator, VIM. NJ. Smith and JOhn p. Caruth-
ers were candidates before the qualified
electors of the cOuFy of Shelby for
Judge of the Chancery Court of Memphis.
Your relatOr further represents unto
your Honor, that said election was held
by one J. r. Williams, COMMISSIONS Of
Registration of said county of Shelby, as
sisted by certain Deputy Commissioners
appointed by him; and that he the said
w LII III eN vii AAAAA1 DAt ASAA1 ~ az
date of said election, cOrruptly cOnspire
with the said VIM. NJ. Smith,
A. Aston and others acting in the
interest Of the said Smith, whose
names are now unknown to your
~relatOr, to defeat your RelatOr for the
office aforesaid, and TO secure the election
thereto of the said VIM. N. Smith; and
that in pursuance of said corrupt cOnspir-
aey the said Williams resorted to various
dishonest and fraudulent devices to secure
that result, among which is the following,
NAMELY: That he allowed every person,
without proper evidence Of loyalty, or
without regard to their residence, but who
ayOwed their intention to east their vote
for the said Smith, to register as legal and
qualified voters, and receive certificates
of said registration.
Whilst at the same time he, under vari-
Gus frivolous preteXts, threw every hind
rance N obstacle in the way Ofthose de-
string to register as voters n secure GER
t~ificates thereof, who were known or
whom he suspected to be DESTROYS OF the
election of your TNSatOr, and that in addi-
ton to this he placed a great number of
blank certificates of registration Cor caused
the same to be done in the hands of the
agents and partisans of the said VIM. NJ.
Smith in order that the same might be
filled up with the name of any person
who would consent to vote for either of
the opponents of your relator in order
that he might be defeated in his election
as aforesaid; and further, that some days
previous to the date of said election the
said Williams caused printed notices to be
circulated through the county ~signifying
his intention of visiting different districts
inthis county on certain DAYS thereon des-
ignated for the purpose of issuing eertih-
Gates of registration to the qualified waters
of said districts, but in many instances
H. l., Ill -1a.I,1 IL, v,TvN- 81 thu
times designated in said notices, and
found that a majority of those present de-
string certificates Of registration were
friendly to and intending voting for your
reIatOr, he pretended to have forgotten to
bring with him the printed blanks used
in the issuance Of said certificates, and
under this false and shameless pretext,
avoided the discharge Of his official duty,
and deprived large numbers of the quail
fed voters of Shelby county of the highly
valued right of the elective franchise.
Your relator further represents unto
your honor that the said Williams, Com
missioner of Registration as aforesaid, not
content with this vernal, corrupt prosti-
tuition of his official position, in order to
accomplish the basest partisan ends, did,
on the day of the election, being satisfied
that your relator would receive the largest
number of votes cast for the Office of
Chancellor rs aforesaid, caused some n
of his corrupt agents and abettOrS in Oti-
cial iniquity, to throw out a large number
of the votes east for your relatOr in the
First, Third and, perhaps, other Wards
within the city of Memphis, and substi-
tute therefor ballots bearing the name of
the said VIM. NJ. Smith.
Your relator further represents unto
your honor that a large number Of persons
from the States of Mississippi and Arkan-
sas and from Upton, Fayette, Harde-
man and perhaps other counties of
the Western division of Tennes-
soc, were brought to this city and
county and allowed to cast their votes for
the said William VI. Smith; and he fur
Their charges that this wholesale impOrta-
ton of illegal voters was with the sane
ton. knowledge and consent of the said
J.. +. Williams, COMMISSIONS of Regis
tration; and he also further charges that
many Of those who were thus cofruptly
procured to vote for the said VIM. NJ.
Smith, did so vote for him in some in
stances, in almost every different Ward in
the city, and that they were 80 procured
ito vote with the knowledge, consent and
assistance Of the said Williams, Aston
and others.
Your relator further represents and
shows unto your o that nOtwith-
standing all these fraudulent and corrupt
efforts upon the part of Williams Il
OlutTS 10 bIlllR dboNl tLS hCtNob hC NAS
legally elected to the office Of Chancellor
aforesaid, having receiued as he charges
upon his information and belief, a ma
jority of all Of the legal votes east for said
office.
Your relator further shows that not
Y~ithstanding more than three entire days
have elapsed since the holding of said
election, the said Williams has, so far as
your relator is advised, published no Off
cial returns of the same, and though he IS
fully advised that your relatOr was legally
elected, as aforesaid, and though the same
has been demanded, he refuses 10 issue to
him the proper certificate ofsuch election,
though he IN by law entitled thereto.
Your relator has reason to believe that
the said Williams viii continue to refuse
to issue to him his certificate Of election,
as aforesaid, unless compelled so to do by
the fiat Of Your Honor in this behalf.
Promises considered, your relator Prays
Your Honor for the suanc OF the alter
native writ of mandamus, compelling
the said Williams to give him the e%ertlft-
cate of election to the office OF Judge OF
the Chancery Court of Memphis, or to APP
pear before Your Honor at a time fixed
and show cause why he refuses so to do.
This is the first application for a writ OF
mandamus herein.
(Signed) VAL HUNTER.
state Of Tennessee, County Of Shelby.
Personally appeared before me the I'M
dersigned, VIM. Hunter, who made oath