New Orleans Republican., 1872-12-09

| met at New Orleans on the thir
teenth day of November, 1872, and OF
the motion of this respondent, Il
the presence Of said John Lynch, thi:
respondent and said Jack Wharton, acting
in their aforesaid capacities of Governor
and Secretary of State, voted for the selec
ton of Z. H Hatch and Durant DaPonte as
members Of said board, and they were then
and there legally elected and qualified as
members Of said board; that after the elec-
tion and qualification Of said Hatch and
DaP0nte. in the presence OF said John
| Lynch, the said Lynch Withdrew from the
said meeting and went off with said F. j..
Heron, and they, the said Lynch and Her
ron, fraudulcntly, Illegally, and improperly
| c0nspired with the said Jacob Hawkins,
James Longstreet and William p, Kellogg,
the complainant, did set up pretended
| board of returning officers, and claimed the
right to act as such, contrary to law, and
right. and justice, for the purpose of obtain
| ing the returns from the several voting pre-
| cincts in the State, with the view of alter
| ing, destroying, and rejecting the same so
| as TO conceal the true result of said cleo
| ton, defeat the true intent of the voters of
! the State, by fraudulently declaring the
| election of the said kellogg as Governor,
and the election of others of their friends to
| other offices, and in furtherance OF this
| conspiracy, and to defeat the ends of justice
and the voice of the people, the said Lynch,
| styling himself as president, and the said
| L0ngstreet, styling himself one of the mem
| bers of the board of returning officers, de-
| manded of this respondent the returns from
| the various precincts of the State, and in
| the still further pursuance of the said CON
| spiIacy and fraud, the present suit was
| brought
| And this defendant further answering
saith, that it is not true as charged in said
bill of complaint that this respondent,
claiming to be in possession of the returns
of large number of the supervisors of reg
istration, refused to open said statements OF
the supervisors of registration in the pres
ence of the said returning officers, being in
huenced in said refusal, as your orator be-
lieves, by the fear that said returning board
would make due and proper investigation
of the truthfulness of said returns and state
ment, and that said scheme for excluding
lawful ballots would be defeated, or that
evidence of the frauds that had been com
mitted, and of the fact that large number
of persons had at such election offered to
vote, and had been denied the right to vote,
contrary to the constitution and laws of
Congress, would be discovered and pre-
served in such form that the same could be
| used, and of avail in any action or proceed
ing instituted by your orator to determine
his right to the Office of Governor of said
made frivolous excuses for not discharging
his said duty, and said board of returning
officers adjourned until the next day with
out any further action. when, in order to
cover up and conceal said frauds, and
to prevent the proper legal canvass
of said votes, the said defendant,
Henry G. WarmOth. without any legal au-
the said Francis j. Heron from the office of
Secretary OF State and with force of arms
attempted to take forcible possession of the
records and archives of the Office of fSecretary
of State into his custody, and without war
rant or color of law pretended to appoint
the said defendant, Jack Wharton, to the
office of Secretary of State, and that the
said Jack Wharton, willing to aid in such
unlawful scheme, pretended to be Secretary
of State, and as such member of said re-
turning board; that the said defendant
Henry C. WarmOth thereupon pretending
that he had conferred the Office of Secretary
of State on said Wharton, combined with
said Wharton, and they together pretend to
have elected as members of said returning
board the said defendants, Frank II. Hatch
and Duralt DaPOnte@ and that though
they and all of them were well aware that
all said actings and doings were in all
respects fraudulent, and in violation of
law, and that none of said defendants,
except the said defendant, Warmoth, had
any colorado right to proceed to the
canvass of said statements certificates or
returns, and that he, the said Warmoth,
had no right to open or submit the
same to any persons other than the said
Lynch, Hawkins, LOngstreet and Heron,
yet the said defendants, WarmOth, Whar-
ton, Hatch and DaPonte, in order to aid in
such schemes Of fraud pretend to be law
full returning board; that the said defend
ant, WarmOth, as your orator is informed
and believes, while refusing to open and
deliver said statements, certificates and
returns to said legal returning officers who
were organized and in actual session,
has in faeb opened and submitted the
same to said c0nspirators and IN
truders, excluding said lawful returning
officers from any canvass; that your orator
believes and, therefore, AYERS the fact to be
that it is the intention and deliberate plan |
of the said defendant aforesaid, pretending |
to act as returning board as aforesaid, to |
make such pretended canvass Of said votes |
as shall affect an apparent defeat Of your |
orator, and declare the said McEnery elected |
as Governor OF said State; that to produce |
said result they will give effect to ALI such |
fraudulent certificates and returns as tend |
to produce such an effect, and tend to ex-
clUde from all consideration, count or can
vass, all votes of persons of color that have |
been suppressed or prevented from being !
cast, and that it is their intention, by such
frauds, to deliver to the pretended Secre-
tary of State such certificate or return or
pretended result of their canvass as will |
make it appear that your orator is defeated, |
and the said McEnery elected; and that |
while their canvass or return, as your orator
is informed, would be perfectly void in law, !
yet the same would embarrass, hinder and |
delay him in the prosecution Of legal pro-
ceedings in this honorable court to estab-
lish his rights to said Office, to which he
verify believes he is justly entitled, and to
which he has been legally elected; that he
is informed, and fears that it is the inten-
ton of the said pretended returning board, |
in furtherance of their said scheme, also
to destroy all of said returns or GER
tifcates received from supervisors of regis
tration, and thereby suppress and place be-
yond the reach of your orator evidence |
which will be important and indispensable
in prosecution of legal proceedings to
his right to said Office that he
verify believes that it is the intention of the
said defendant, Warmoth, to place all said
certificates and returns of supervisors be-
7ond the reach or the regularly constituted
board of returning officers, and thereby de-
pr1ve your orator Of any legal official can
Tass OF said votes, and of the evidence that
q just, honest and truthful canvass of said
votes would furnish tending to show his
eight to said Office of Governor"
The defendant answering, saith, that it is
not true as charged in said bill of com
plant, that the said defendant, McEnery,
$ cognlzant of said plans and schemes, and
approves the same, and is willing to aid IN
to accomplishment, by pretending to be-
IeVe that the result of such pretended can
hTTi r SC Jo Eo Al !