Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-01-27
CURRY VS.. WRIGHT.
TIE Contest Renewed Before Chancellor
Morgan Yesterday.
Interesting PrO0sedlRus-..Aaswsr Of Gene
raj Wright 10 CurFy's Statement.

Interesting Pr0OeedlRus-.sAHswsF Of Gene
raj Wright 10 Curry's Statement.
This interesting case was taken up st 2
/ o'clock yesterday afternoon by Chancellor
Morgan, in the First Chancery Court
room. At the start there was only Judge
Brown, representing Wright. BE agreed
TO wait for Governor Harris and Colonel
Can't.
Judge Brown said be was only q light
skirmisher on the hank of this case, and
he could make no advance without the
/ solid column, which are as follows: For
Wright-Harris & Pillow, Brown Griffin,
! Heiskeu, Scott & Heiskell, E. M. Yerger,
/ CAN'T q Mcdowell For Curry-Beecher
/ g. Belcher, Randolph q hammond, Judge
! W. M. Smith, Judge Harry S. Lee.
Major Beecher said that not much
/ could be done this evening except offer
ing some proof.
brown said that It was just there the
/ fight would commentator that very
proof. They proposed TO offer combat at
once on those proposed proofs.
In a lew minutes Harris 6nd CAN'T ap-
pesred, and after a vain attempt to put
OF the case to next week, it was agreed
to enter on the case of Curry VS.. Wright,
and not upon that Of Wright vs.. Curry.
Ii wgs also agreed that if the case should
not be finished Friday il would be con-
tiuued over to next week, in order to
give counsel a chance to attend to other
cases.
Judge Smith read the bill Of A. P. Cur
~ praying for a writ of injunction, which
was granted by II. S. Lee, and -afterwsrd
dissolved by Judge Swayne. The bill
shows that relator had q majority Of l89
votes on the day Of election, the Goth Of
March, 1870; that on the first Monday
following the election heCommissiOner Of
Registration, S. h. Shock, compared the
votes as the law directed and he made
out, signed and executed and issued his
official Certificate Of election Of relator" to
the Office of Sheriff of Shelby county,
which was delivered to one Cranmer, to
be delivered % relator. Within ten days
sflerward the COMMISSIONS made his
official return of said election and filed a
consolidated return of the judges and
clerks Of said election with the County
Court Clerk, JOhn League; that SAID re-
turn shows that relstor was duly elected,
said return being spread upon the re-
cords Of the county in full, and now ap-
pear thereon. That rslatOr appeared be-
lore the County Court On the 95h OF April
following with his suTetie5 and moved to
be qualified, but the court of its own mo-
tiOn, refused to induCt him into office.
The bill goes on further TO show that
w AAE.a W. - 10Y $1,000 AANS "a
Zee, etc, etc.
THE ANSWER OF MARCUS J. WRIGHT
TO the information filed against hiru in
the above entitled cause:
This respondent, saving and ressrving, |
etc, for answer to the said information, ]
or to so much and such parts thereof as
he is advised it is material for him to an
answering, says: That he denies
the said r~elatOr, A. p. Curry, was
Arn1u aHrrFnA Ghn~=H of ChaThw aoTrr.Hv Co. I
constitutional term, at a general cleo
ton held for county officers Of Shelby
county On the 26th day of March, 1870.
Respondent further answering, admits
s.. II. Shock, the Commissioner Of
Registration for the county OF Shelby,
proceeded to compare the polls OF said
and that upon a hurried, inRccu-
rate and erroneous comparison OF said
polls il did appear that the said relatOr.
A.. P. Curry, had received g majority OF
he votes cast at said election for said
Jfhce over this respondent, who was his
,nly opponent and competitor for said
Dfhcs at said election.
But respondent denies that the said
commissioner, S. H. Shock, issued his
.hcisl certificate of b election OF the
aid r6latOr, A. p. Curry, to the said
flee. Respondent admits that upon the
hurried and erroneous comparison Of
he polls the said s. H, Shock filed up .
be blanks Of q number Of election Ger
ihcBtes, and signed the same, among
7hiCh there was n in favor of the said
A. p. Curry, for the Office of +,
heriH. But respondent denies that said /
srtifcste or any other certificate of the )
OF the said A. P. Curry to the
flee Of Sheriff of Shelby county was de-
'vered to the said A. 2. Curry, or to any ]
person to be delivered to the said {
P. Curry, but the same remained in [
possession and custody Of one OF the =
equities of the said s. H. Shock, and sub {
set to the control Of the said S. II. Shock. [
Respondent admits that after said hur- a
ed and comparison Of the
aid polls, and within ten days from 4
I'D election, that s. Il. Shock, Com
.~issioner Of Registration, did make
Ut and file with the Clerk OF the Shelby
0unty Cou a tabular 4 consolidated r
port or statement of the result Of the a
i'd hurried and erroneous comparison of v
.e polls of the said election; and that o
id tabular statement shows that the g
id ~relatOr, A. p. Curry, received q ma N
rity Of the votes cast at the said cleo
On. Respondent also admits that said
bular statement, which the relatOr calls
'eturns," was spread upon the records
the Shelby County Court, and that il
appears upon said records. Re @
Ondent cannot state whether what is ,
nominated in the Information as ex- =
bit A is a correct copy OF said tabular =
d consolidated report of said erroneous y
mparisOn Of the polls Of the said cleo :,
N or not, as he has not been furnished Il
tn aCOpy. Respondent denies that said ~
Dular statement or return contains a
ne statement Of the legal votes cast in "
@ said election; denies that the relator. ~
p, Curry, received a majority of the -
that we're legally cast in the said ~
sctiOn for the Office of Sheriff. U
Respondent further answering, admits a.
at on the 9Th day Of April, 1870, the re- 81
A. p. Curry, appeared in the County -
Shelby county, in quarterly ses- -
"a assembled, with his sur8Ges and ten ~
red his bond in due form of law, and "a
JVed to be qualified for said Office and "a
therein; and that said court ~
the consideration Of the said y
,tion to Tuesday, 10 o'clock am, April &c
1870; and that said court refused, and
II refuses, to lnduCt the said Y~elstOr, A. =
Curry, into said Office. Respondent ~
MES that it was the duty of the said u,
elby County Court to have indicted or Fl
iuduct the said A. 2. Curry into said ~
of Sheriff upon any return that IA
been made to the said court, or upon
record OF the said court, for the res-
that the said A. 2. Curry did not pre- ,
It to the Court q certificate from the !
m AoAA4AAAAenAbACA ~ -AnEA1bA ubAAAA u AAA 4
ciiOn a. required by law; and respond ap
submits to this Honorable Court that on
IN certificate is the only evidence upon LIS
the said Shelby County Court could CE
re indicted an applicant into the Office
Sheriff. u
respondent further answering, SAYS tn
{ a day or two after the said s. Il. pic
made the said hurried, inaccurate OF
| erroneous comparison OF the polls Of Ha
said election, that he is informed and ma
tina the said S. 81. Shock made a pa
sful, accurate and correct comparison
polls, returned to him from all the -
Al voting precincts of the county of 1
lby, from which comparison of thef
polls 1t appears that respondent To-
red a majority Of 1S7 Of the votes L.
Y cast in the said election for the said
70 Of Sheriff. but the said Shock, Com
a. aforesaid, did not, and could
at that time deliver to this respOn- Y
Z the certificate Of his election to the our
20 Of Sheriff, for the reason that he
restrained from doing 80 by an in
ction from the Ohancery Court Of
nphis, which injunction was issued at to s
instance Of the ~relGtOr, the said A. P.
~. The said injunction being dis
ed on the 18Th day Of April, 1870, the
s. Fl. Shock issued and delivered to
respondent a certificate of his election n
be office of Sheriff of Shelby county
he 18th of the same month.
8spOndent denies that said certificate
lection was frsUdulently or corruptly 81
vered to him bv the said s. II. Shock. for
les that the delivery to him of the said Gre
lhcate Of election was IN violation of est
Of the said r~elator; denies that
o was any fraud, cOntriving r con-
between himself and the said S. ran
shock denies that the said certificate CITY
obtained through corruption and ford
cry aehies that the issuance and de- JEFF
~ TO him OF the said certificate Of
lion by the said s. II. Shock was in
alton Of law, bis sworn duty, or the NJ
denies tb9t 80 o-a-.iaa ingi
lection is fraudulent; denies that it is III
In U.nA lnnLa. H. l. z. .--.-.-- sun