New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09
D. w. TGNN1soN, Deputy Clerk.
AFFIDAVIT Of John Lynch. !

AHldVlL OF JOUu AJ uCli
Offered by complainant November 25,
1872.
Eighth District Court for the parish of
Orleans, Nos. 10, 545 l3,546.-John Lynch,
being duly sworn, says that the annexed
document, marked l. is true, full and
complete transcript of the minutes of the
board OF returning officers Of the election OF
November 4, 1872, as held on the twelfth
and thirteenth of November instant, and
shat all those minutes are a true, full and
complete record of everything that trans
pired at the sessions held on these days,
and that no other business was transacted
by the board of returning officers on those
days than is contained in said minutes, ex
cept that, after the adjournment Of the
board, communication was addressed to
Messrs Longstreet and Hawkins, notifying
them of their appointment copy OF which
is annexed MS a part hereof, and marked
:, and tha5 they afterwaTd presented
their respective oaths of Office on the same
day, hereto annexed as part hereof, and
marked A 3 and a. 4.
Atfiant further swears that at the time OF
administering of the Oaths of Office, as de-
tailed in the minutes, to atiant, H. q. War,
moth and II j. Heron, all three took the
oath simultaneously. 1t was administered
to them by Chief Justice Ludeling; that he
was not present when any oath was admin
istered to H. H. Hatch or DuraDt DaPOnte
as returning officers Of election, nor did he
ever consent to recognize them or Jack
Wharton az such; that at the time he left
the room wherein the meeting was held, and
as he was going out, there was an appear
ance of the cath being administered to
Messrs. Hatch and DaP0nte, but the ad-
Ininistering OF such oath had not been com
pietcd that subsequently the board of
returning officers OF election met, and by
resolution requested the Attorney General
tonstitute this suit, as will appear by copy
Of resolution hereto annexed and made part
hereof, marked A 5.
f. j. Heron being duly sworn, says that
he has read the foregoing affidavit of John
Lynch, and that the same is true; that it is
untrue that he has been deprived of the
seal of State, or dispossessed thereof, but is
still in possession of the same, and that said
Jack Wharton has not been in possession of
the Office or rooms of the Secretary OF States
Office, but that the same is and has been in
possession OF the police since the thirteenth
OF November instant.
A true COPY: ROBERT LYNNE,
Deputy Clerk.
Filed November 10, 1872,
STATE OF LOUISIANA
Executive Department, :
New Orleans. November 10, 1872.
WHEREAS, by an amendment of the con
stitutIon of the State, adopted at the gen
eraI election held November z, 1870, it is
provided that mo person who at any time
gnav have been collector of taxes, whether
Stare. parish OF municipal, or who may have
been otherwise entrusted with pubic
money, shall be eligible to the General AS.
sembIy or to any office of profit or trust,
etc, and
Whereas, Official information has been
received at this office that Z. j. Heron is
Indebted to the State for moneys collected
~ him as tax collector in and for the Sixth
District, city OF New Orleans;
Now, therefore, |, Henry Clay Warmoth,
Governor of the State of Louisiana, charged
win the faithful execution of the laws I'M
der the constitution of the State, and IN due
observance of the provisions OF the amend
fnents to the same, do issue this my order
removing F. j. Heron from the office OF
Secretary OF State, and do hereby appoinf.
Jack Wharton to discharge the duties OF
said office.
Given under my hand and the seal or the
State this thirteenth day Of November, A.
d. 1872, and Of the independence OF the
United States the ninety seventh
II. C. WARMOTH,
Governor Of the State of Louisiana.
Y. A. WOODWARD,
Assistant Secretary Of State.
A true copy from the records on file in the
Office Of the Secretary Of State.
Y. A. WOODWARD,
Assistant Secretary Of State.
A true copy of the document on file in
4ba auits II. sis. 1856 of the docket of the
T;irhfh District Court for the parish Of Or
leans. ROBERTLYNNE, Deputy Clerk.
[Adidavit OLA S. Badger, Superintendent ofPohce'l
Filed November 10, 1872.
State of Louisiana, parish of Orleans.-A.
s. Badger, Superintendent OF Police, after
being duly sworn, deposes and says: That
he is not in possession OF the office OF Sec
retary Of State; that none Of his subor-
dinates, or any member of the Police De
nartment, is in possession of said office;
that Jack Wharton is, to the best of his
knowledge and belief, in possession Of said
0-i''0 - A. S. BADGER.
Sworn to and subscribed before me, this
eighteenth day Of NoTem,6eF, A nI y; 5o'@'
United States Commissioner, District Of
Louisiana.
Circuit Court of the United States for the
district of Louisiana. William 7. Kellogg
VS.. H. c. Warmcth, No. $3.50.
Personally appeared Henry c. Warmoth,
made defendant in the above entitled suit,
who being sworn, says:
That he is Governor of the State of Lou
;si3na: that it is utterly untrue that he ever
ayoged or had the intention to use any of
his mowers unlawfully as Governor OF Lou
isiana to defeat the election of the COM
plainant, but that, on the contrary, 1t was
ALWAYS his purpose, as IL was his duty, to
use these powers to secure fair expression
Of nopular sentiment at the ballot box.
that he did not select supervisors pliable
TO his will, as charged in the bill OF com
nIainant: nor did he make any conditions
precedent in the appointment of said super
yisors or other officers charged with the
conduct of said election
That it is untrue, as charged in said bill,
that afiant had any connection with or
knowledge of any plan to deprive large
number or indeed any citizen OF the right
to register on account of race, color or pre-
yious condition, or for any other cause. -,
Afiant denies that by any. scheme OF
which lie has knowledge, OF with, which ne
had any connection, ten thousand voters, or
indeed any number of voters, were refused
registration or the right to vote at the eiecc
ton which took place on the fourth day Of
November last.
charged, or any other means whatsoever,
to deprive voters Of their franchise, and 70