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

| Z Az tWO O'CLOCK puncJudiIy Jne tOuTt re-
assembled. The first witness sworn was
Gen. Wallace, who testified as follows:
| l know the defendant j. L. Williams.
q. State what you know about his issu-
ing or not issuing a certificate of election
to Hudson or yourself. ~
Mr.. Kortrecht here interposed and said
| that before Mr.. Wallace went on with his
testimony the defense wished to have it
entered on the minutes that they took ex-
ceptions to the whole Of il.
The prosecution stated that Mr.. Wallace
was int rodnced to prove facts whiclfth
defense denied in their rejoinder.
The Court held that the issuance of the
4 certificate had nothing TO 10 with the
bearings of case, the question before II
being whether or not the returns had
been made previous 90 the return of the
process. Ls%1
Mr.. Wallace then proceeded with his
testimony as follows:
81 was present at the Ninth Ward polls
when the ,ballOtiRQ closed, and went to
the Judges and cautioned them to keep
separate the votes deposited in the city
and county boxes, and in counting them
to be particular and count the country
ballots by themselves, as they were not to
be counted for the Criminal Court.
The judges informed me that they
were instructed by the % Registrar
to count all the votes cast for the Crimi-
nal Court, and showed me his instructions
TO that effect. i stated that | thought it
was a mistake, and Mr.. Harrington, too,
who was present, and was a candidate on
the other ticket, Joined with me in my re-
quest to the judges to put the ballots back
in the country box after counting, so that
we might determine how many and who
they were for afterward. Wien / AM
down town / saw Maj. Williams and said
to him that L supposed it was through
mistake that the orders had been given to
count the country vote for the Criminal
| Court. At first he said he had not given
| any such order, and then he said he had
| been induced 10 d so, as he did not be-
| lieve it was right, and would not allow
them to be counted in making out tho re-
turns" 1900
That was oil election day, in the evening
on the 9th of May. 1 came in the
next morning and met Williams, and
asked him when he was goingto make his
returns. His answer was that he had been
pushed with so much business Incidental
to the election for the past three nights
that he had had no sleep; that in conse-
quence of this loss of sleep, he was unable
to do anything that day, but would make
the returns next -day-Saturday. The
next morning 1 came down to see VIII
liams, and met Hudson in the hall j
asked him what was geing to be done
about the matter, remarking to him that l
wanted no law suit about the Office.
/ him nay words were: 81 would rather
have a suit about a jackass than an Office,
but that there were direct issues between
| us, issues of facts and of law, and hat /
| would be glad to unite with him on an in
which the Registrar would ac-
cept, and which we would submit to some
impartial parties, and of which Williams
could furnish the facts and we the law"
Hudson declined, saying that "it was a
legal question, let IL take its course" l
then saw Williams, and he said that he
intended to make up hisreturns and grant
the.certificate to the one who was entitled
tofit.FI still said to him that il was a
legal question, and that / was willing TO
submit it TO one or more good lawyers.
He repIied again that he would make
up his returns and issue the certificate to
whoever was en~titledtoit. ThinkingI I'M
derst0Od his intentions, which We're to give
the certificate to Hudson, l ven TO Col.
Bullock and asked him 70 prepare a petit
ton fer a mandamus, which he did. l
presented it to the Honorable Court, who
granted it, and l had it served.
q. Do you know of your own knowl-
edge that a certificate was ever issued to
Hudson?
A. 1 do not. On further conversation
with Williams about the Instructions
spoken of, he said he had been induced
to give those instructions. / think
he said induced by Hudson" 1t was
II lnb DldCh pOlis tHdt SAW THESE |
instructions. l saw two boxes there, and
ballots put in each of them. s-
GOSS-erdBtjHedb By defenSe.-The instruc-
ions l saw were printed, l think. know
/ was very much surprised at seeing them.
They were on a simple slip, not cut from
a newspaper. Here followed &kpng dis
cussion about the identity of fhS instruc-
ions with a printed slip shown in COURT
/ say further thai they were totally at va
rance with the understanding that |
made with Mai. Williams some time be-
fore the election took place. saw VIII
liam $ the night before the election.
q. Have You moi commenced proceed
ings before the Chancellor TO contest this
election?.
A. 1 have; 1 did so because
Mr.. Kortreeht: We don't want to hear
what you did it for. We will ask you
what we want TO know.
Gen. wallace-May it please the Court
a witness has always the right to explain
the motives that may have led him TO an
act h a he is being directly questioned
about. 1 did so because 1 became con-
WINGED that the meaning of these delays
and obstacles were TO take III the twenty
days that / am allowed by law, so that
Williams could issue the certificate to
Hudson and l would be left without re-
course. ga T. .Elgrlr
Geo. L. WIIIiaaus, Deputy Sheriff, s,corp.
l served the first writ of mandamus upon
Williams. L found Williams in a room to
which / was directed by Mr.. Greedy,
making up his returns. l talked with
him some fifteen minutes before serving
the writ. Williams was being assisted by
Whitcomb. He said he you'd obey
the writ. Witness talked with Williams
a half-hour after serving writ.
r. i, James, StCOTR.-Am n of the edi-
tors of the APPEAL; / called upon VIII
liamsO on Saturday morning after the cleo
ton; Ifoundhim in the room below stairs
there were two or three other persons in the
room; they were making out the returns
this was about half-past ten O'Clock in the
morning; the returns were not flashed;
l did not get them then; ! saw Williams
again that day; II was between four and
hve O'Clock, at the Board of Aldermen;
we did not refer to the returns; 1 got them
about seven O'Clock that evening; they
We're sent to me in an envelope.
John League SlooTn. 1 saw Williams on
the 9th of May. l don't recOllect what
day the msndamus was served on him.
saw it published in the Sundays paper.
saw it stated that il was likely thai he
would give a certificate to Hudson be-
tween the quashing of the first mandamus ;
the serving of the second. Imet Will ;
liams and asked him ii he had not given :
Hudson the certificate. His answer was !
that he had not given it, put that hewould :
" obey the law" l understood this to ;
mean that he would obey the order of the J
Court. This conversation took place some I
day this week. :
C-fosS-erGnljned be- defense. The CONVEX ;
sation took place at my office, / think. l ;
saw in the paper that Williams in :
tended to issue the certificate as | said, or 4
heard it here. 1 heard goa (Mr. Kor :,
.recht) promise that no steps should be :
AIKEN inthe matter until this Court had /
rendered a decision. =
Geo. q. WhitcoAab, SaoOFn.-Am a clerk !,
If Major Williams, have been so during :
he whole of the late registration. L as :
listed him to make up his returns. Imade =
hem up by his direction. The ~eturnsare :,
. his office at present. I have the official :
in my possession. They were 4
made out on the Friday or Saturday after =
he election. They We're finished on Mon T"
lay. Major Williams had them held over :
i'll Monday. / don't know what for. Some =
# the country returns were not signed y
until Monday. The Third District came :
n on Saturday, Thirteenth on Friday-no, !,
N Thursday evening, j think. / nave a 4
opy of the original returns. They have !,
lot been forwarded. They are copied from :
tabular statement which l made as the 7