Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-06-09
ANOTHER CONTESTED ELECTION.
Ayres Airs his Claims to the Chancellor.
shIp-He Says Wright Is WrOag-Ane
Various other Things.

As we stated yesterday morning, Mr..
Ayres, thinking himself a very badly
treated man, had determined not to re-
treat from the field until he has treated
the people of Memphis and Shelby county
to another contested election case, and
given the recent judicial election an air
ing, which will prove Morgan like his
great namesake of the Spanish main, TO
be a piratical usurper, and HIMSELF Null
yihil et al, to be the true heirs at law of
the offices and spoils for which they ran.
The text of the petition to Judge Harris
had not come to hand when we made our
item, and consequently we could not give
the grounds upon which he contested the
election. Yesterday morning, however,
as Colonel w. L. Stewart, Deputy Sheriff,
was passing by the "Ayres' Block" he
was hailed by Mr.. Ayres, who handed
him an ominOus looking
SEALED PACKAGE,
which he requested him to deliver to the
Sheriff, General M. J. Wright, mention
ing at the same time that it was on very
important business. Colonel Stewart de-
livered the package as requested, and on
opening it, it was found to contain the
original petition to Chancellor Harris and
| copies of the same, with the order made
by him in the cause. The document is
very voluminous, and would take up too
much space to give it in full. We have,
therefore, made the following synopsis of
THE PETITION.
After setting forth the usual prelimi-
naries, it alleges the Acknowledgements for
contesting the elections:
First-The new Constitution pro-
vides that the election for ju-
diciaI and other offices shall be
held on the first Thursday in August
next; the contested election having been
held in May, it is therefore illegal, null
and void.
Second-By the laws of Tennessee in
existence when the election was held, the
Commissioner of Registration was the
only officer empowered to hold an cleo
ton, there having been no law passed
a%bolishing thstOffice.
Third-1he election was not held at le-
/ gally designated voting places.
Fourth-VoteTs were refused the right
to vote in the civil districts in which they
| lived, unIRSs they applied to the city
wards in which they lived.
Fifth-The petitioner is informed and
believes that the clerks Ond judges of the
said election had not, as late as June ID,
properly signed and filed the returns of
each voting place required by law.
~Sixth-That there was a general dispo-
sition on the part of those holding the
election to refuse colored voters the right
to vote; and that the petitioner is in
formed that instructions were given to
/ PEI AAOAAAAA6 N-C 0@t1NA
right OF every man to vote who did not
vote the ticket opposed to b petitioner.
Seventh-Fraudulent voting, especial
" in the LIST, Sd, 9th and 10th wards.
This count alleges 900 illegal votes in the
Sd w8rd.)
Eighth-The petitioner alleges that
false returns we're made from some of the
voting places.
Ninth-That voters were rejected at
some wards, because they objected to the
course pursued by the officers holding the
election, and hat at some places electors
were refused the privilege of being pres
enG at the counting OF the votes.
Tenth-The sheriff, in his printed in
-structions to the officers holding the cleo
ton, ordered them TO require voters to
vote in h wards in which they reside;
which order was strictly enforced in
wards where petitioner had a majority,
and not enforced elsewhere.
The above is a synopsis OF the counts,
which. as will be seen, are very " heavy"
on the officer holding the election. The
document closes as follows:
"For these and other causes, irregu-
larities and frauds, which Will be dis
closed in the proof, petitioner contests
said election, and insists that 1t was
fraudulent n void, and should be
so held. And if it shall be held that
said election was not void, then petitioner
insists, and thinks he will establish by
proof, tina he received a majority of the
legal votes at said election, and that he
was elected to the office of Chancellor Of
the First Chancery Court OF Shelby
county and is entitled TO the same. Pc
titioner prays your Honor to make the
necessary orders for hearing and deter
mining This contest, and to cause the said
Robert ]. Morgan, who he prays may be
made defendant, to be properly notified
of this proceeding; and petitioner prays
that your Honor may make such orders
and DEGREES as the nature of the case may
require; and if il should be determined
that the said election was valid,
then he prays that it may be decreed that
he was elected to the said office of Chan
cellOr of the First Cnancery Cour OF
Shelby county; and petitioner will ever
The document is Signed by Smith 81
Jefferson, attorneys for the petitioner.
Attached is the usual affidavit required IN
such suits, signed by L. S. Ayers, petit
toner.
of Chancellor Harris is as follows:
State of Tennessee, Fayette County:
will on Monday, the 18th day of July,
1870, at 10 O'Clock am, attend at the clerk
and Master of the Chancery Court, or in
some other room in said building, If
deemed advisable in that way, to hear
and determine the matter of contest in
the foregoing sworn statement.
The Sheriff of Shelby county is hereby
ordered and directed to leave a copy
of this sworn statement, as well as a
copy of this order on Robert j. Nor
gan, or have a copy of the
same at his usual place of residence at
least twenty days before the day therein
designated for the hearing and trial, and
make his return at the same time and
place.
The testimony to be by deposition on
three days notice of time and place, of
either party. The Sheriff will also serve
a copy of this order on any person or per-
sons having control of or possession of
polI-books of the election held on the 26th
day of May, 1870, in the city of Memphis,
Shelby county, for judicial offices, in the
First, Third, Sixtlthend Tenth wards of
the city of Memphis, Sto have them pres
ent on the trial. The Sheriff is also re-
quired to notify the Clerk of the Chancery
| Court to attend said trial, in person, and
have with him the minute books of his
said court, and to enter thereon the pro-
ceedings and orders had herein. The
Sheriff is also required to be present at
and during the progress of the said trial.
Given under my hand and seal this, the
sixth. daY of June, 1870.