New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09
defeat Az election Of comnlainant h. ne.

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| refused as charged.
Atfiant denies that complainant is IN pos
! session of any evidence, under act of thir
| ty first of May, 1870, or any other ACT
amendatory thereof, which goes to show
! that any of the complaints Of said bill
! against affiant are true.
He denies that there are documents, hay
| ing the least truth in them which show
! that from three to five thousand persons, OF
| any number Of persons, were refused theil
| right either to register or vote. on account
| Of race, color or previous condition.
| He denies that he has conspired with
| supervisors or assistant supervisors OF reg
| istratlon, to cause a dishonest, incorrect
| and false count of the votes cast IN the sew
| eral parishes, or that he has caused false
| and untrue returns and certificates OF the
result and canvass Of the votes cast in the
several parishes as charged, by not count
ing the ballots deposited by persons OF
color OF that any ballots cast for complain
ant, whether by colored or white persons
have been suppressed or not counted, with
his knowledge or by lis c0nnivance or con
sent.
Affant denies that Jacob Hawkins or
James Longstreet were ever elected mem
bers Of the board Of returning officers. OF
that said persons were ever recognized
upon said board, of which atliant is presi-
dent.
That it is utterly untrue, as charged,
that afiant refuses to open the returns, in
huenced by fear that the board of return
ing officers would make true and proper
investigation Of the truthfulness Of returns,
and the scheme for excluding ballots would
be defeated, or that evidence Of frauds that
had been committed and Of the fact that a
large number OF persons had at such cleo
ton offered to vote and had been refused,
contrary to law and laws of the United
States, would be discovered and preserved
in such form as that the same could be used
and made available in any action or pro
ceeding instituted by complainant to deter
mine the right to Office.
AL of this is specially denied by afiant
as without the least foundation or appear
ance of truth, as well as the charge that he
caused an adjournment of the board of re-
turning officers for the purpose OF conceal
ing or covering up frauds, or to prevent the
proper and legal canvass. or that he elected
E. j. Heron from the Office Of Secretary OF
State for the purposes charged.
Afiant now denies that he is party to
any plan and scheme, or conspiracy OF any
kind whatsoever, the object of which is
to suppress or destroy, or place beyond the
reach OF the cOmplainants any documents or
evidence of any kind relating to the cleo
ton, which might avail or aid the complain
ant in any suit he might have the right to
bring either before this or any other court
OF justice.
This deponent says that said F. J. Herren
was appointed by this deponent, as Govern
or Of this State, in the year 1871, to discharge
the duties of Secretary of State daring the
suspension of George Z. Bovee, who had
been elected Secretary of State at the gen
eral election 1853, and who was suspended
by this deponent for malfeasanee in office;
that he removed said F. J. Heron from the
discharge of the duties of Secretary of
State on the thirteenth of November, 1872,
as he had right to do; that at the meeting
of the returning officers Of election, +. IL.
Hatch and Durant DaPonte were duly Sc
lected returning officers; that at said meet
ing, Heron having been removed and Jack
Wharton appointed Secretary OF State, this
deponent, in the presence of said Wharton
and Lynch, moved the appointment OF said
Hatch and Durant DaPonte as returning
officers, and said motion was pat and de-
clared carried, the said Lynch not voting
yea or nay.
This deponent further says, that suits are
now pending in the Eighth District Court,
parish of Orleans, in which the said Long
street. Hawkins, Lynch and Heron claim
to be the legal returning officers, and that
this suit is brought against said Wharton,
DaPonte and Hatch, and this suit is unde-
termined, and similar suit brought in said
court by said Heron against said Wharton,
claiming the office Of Secretary OF State, is
pending already, as appears by copies Of the
petition in said suits herewith filed.
This deponent says that the complainant
at the time of the election, on the fourth Of
November 1872, and ever since, and now is
q Senator of the United States.
Ii. C. WARMOTH.
Sworn to this nineteenth day Of NovGm-
Der, 1872 JOHN 3. WELLER,
United States Commissioner.
PETITION.
To the Honorable the Eighth District Court for the
parish of Orleans:
The petition Of the State of Louisiana,
on the relation of the Attorney General,
and on the information Of the returning
officers Of election, to wit Henry G. War
moth, Frank j. Heron, John Lynch, james
Longstreet and Jacob Hawkins, composing
the board of said returning officers respect
fully represent that the above named return
ing aficers are duly qualified as such for
making the returns of the election held in this
State on the fourth of November, instant;
that Jack Wharton, +. Ii. Hatch and Durant
DaPonte are pretending to be such return
ing officers and attempting to act as such,
and are interfering with the above named
returning officers Of elections in the dis
charge of their duties as such officers, and
Longstreet and Jacob Hawkins, and are
intr1ding into and usurping the office of
returning officers Of elections OF the State,
contrary and in violation Of law and the
rights Of petitioner.
Wherefore, the premises considered, the pc
toner prays that said Jack Wharton, +. IL.
Hatch and Durant DAPOnte be cited to an
swer this petition, and that; after all due
proceedings, they be decreed to be intrud-
ers into and usurpers Of the office of re-
turning officers of election, and that Frank
j. Heron, James LOngstreet and Jacob
Hawkins be decreed to be such returning
officers, and petitioners further pray for
costs and all general relief.
Simeon BeIden, Attorney General, A. z.
Field and j. Q. A. Fellows, OF counsel
A true copy:
ROBERT LYNNE, Deputy Clerk.
SUPPLEMENTAL PETITION.
Eighth District Court, No. 1855. State
of Louisiana, ex rel Attorney General, on
information of +. j. Heron, VS.. Jack Whar-
ton AZ. H. Hatch and Durant DaP0nte.
The supplemental petition of the plain
tifs herein respectfully represents that all
the allegations in the original petition are
true, and in addition thereto that the at
tempt of the said defendants to act in the
manner alleged in said petition, and to sit
as the returning officers of elections, and
to act as such returning officers, will defeat
the object of this suit and render nugatory
the Judgment therein prayed for, and that
an injunction is necessary to prevent such
defeat Of the objects OF this suit, and pre-
vent the law and the right of the State and
the parties in interest from being violated
Wherefore, petitioner prays for writ OF
Injunction against said Jack Wharton, F.
H. Hatch and Durant DaPonte, inioining
and restraining them from in any way or
manner, either directly oPtndirectly, sitting