New Orleans Republican., 1872-12-09

ry C. Warmoth, Governor of said Stata
wholly and totally disregarding the Ky
thereof, and in defiance of law and rg
the intent to destroy and oyerthrowaS
publican form of government in saldSa,
has in fact directed the whole machines
the State, and all of the officers thereRg
der his control, with the purpose and iAtes
Of defeating Just and fair election, aada
| honest and true return thereof, in order 4
defeat your orator, well knowing that You
orator, if just and fair election had been
! had and held, and true, honest and fan
canvass of the votes cast at such election
made. was legally elected to the office Of
| Governor of said State; and the said War,
moth has endeavored, and is endeayoring
with the aid of all OF said defendants, to
suppress and destroy all evidence of such
fraud so completely that the same may be
of no avail to your orator in asserting his
right to said office. that unless the said de,
PENDANTS are restrained by the order ot this
honorable court, and are permitted to con,
tinue in said unlawful acts, your orator
fears that his means Of legally establishing
his right to sad office of Governor will ba
placed beyond his reach and control long
before the time when by law he can con-
mence the proper judicial proceedings to
determine and enforce his title and right to
said Office"
This defendant further answering saith,
That it is not true, as charged in said bill
of complaint, that the said complainant
. verify believes the actings and doings of
the said defendants. as herein set forth and
complained Of, are in all things unlawful
and are conceived and carried on by said
defendants for the sole purpose Of over.
throwing and subverting the republican
form Of government, guaranteed to the
State of Louisiana by the constitution of
the United States. That said object is in .
tended to be accomplished by depriying the
said people of said State of the choice Of its
officers by fraudulently disregarding the
right Of the duly elected officers of said
State of the right to administer the offices Of
said government, and substituting by fraud
and false certificates, and evidences and
canvass, persons who have never been
elected to positions of trust and
office in said State, and to cor.
by destruction of the evidence of the actual
vote cast at said election, and that your
orator believes that unless your honors i'm.
mediately allow, on the filing of this bill. a
restraining order restraining the defend
ants, and each and every one of them, from
doing the acts for which your orator herein
prays they may be restrained, your orator
fears that before the hearing and deter.
mination of motion for an injunction thu
said defendants will have completed their
unlawful scheme of fraud, and will have
destroyed proof upon which your orator
must rely to support his legal right to the
office of Governor as aforesaid. and your
orator will be defeated thereby" but the
said charge is made in furtherance of the
conspiracy between said complainants the
said Lynch, Heron, L0ngstreet, Hawkins
and their associates, for the purpose of
getting possession of the election returns
and defeating the true vote OF the people
This defendant further answering saith,
that he has answered every charge of the
pf y1ln yUJf h +ba +pr,a
OF admitting explaining or denying the same
according TO the truth. And he now denies
each and every charge or insinuation in tbs
said bill Of complaint that does or intends
to charge him with fraud, or an improper
design, or by an act or intention, 6y pre-.
concert, Encouragement, concert, arrange
ment or design to deprive any legal voter
of the State of Louisiana of the right to cast
his vote for the candidate of his choice; he
denies that he ever made an arrangement
to control the registrars or assistant regis
trars, or commissioners of election, or any
other person, to do any wrong of any kind
in reference to said election or the returns
thereof. He denies that he appointed them
with view to defeat the election of the
complainant, who was nominated for the
office of Governor on the day of
July, 1872, and who. at the time of his nom
InatiOn, and ever SINCE and now is a SEN
ator of the United States and ineligible to
the office of Governor Of this State And
this defendant denies that the complainant
has any interest in the result of said cleo
ton OF the fourth of November, 1872. or can
profit by the result of the same, and this de-
fendant furthermore denies that this court
has jurisdiction of the subject matter of
this suit, or that it can render any iudg-
ment. order or decree in the premises. And
this respondent furthermore denies that
your hOnOrs have any right to investigate
the question Of whether the complainant
has or has not been elected Governor of the
State OF Louisiana, in the manner and for
the purposes set forth in said bill OF COM
plant.
And the defendant further answering saith.
that one George Z. Bovee was duly elected
Secretary OF State of the State Of Louisiana,
at the general election held in the year 1863,
was qualified, commissioned and took nos.
session of said office That in August 1871,
this respondent, for good and sufficient
cause, suspended the said Bovee from the
exercise Of the functions of his office, and
appointed and commissioned the said Fran
els j. Heron to discharge the duties Of
Secretary of State, and the said Heron fs
from denying the right OF this re-
spondent to remove him from the perform
ance OF the duties of said office of Secretary
OF State OF Louisiana; and this defendant
denies all, and all manner of unlawful COM
bination and confederacy wherewith he is
charged by the said BILL without this, that
there is any other matter, cause or thing in
the said complainant's said bill of complaint
contained, material or necessary for this de-
tendant to make answer unto, and not here
in, and hereby well and sufficiently an
swered, confessed, trayersed, and avoided
or denied, is true to the knowledge or belief
Of this defendant, all of which matters and
things this defendant is ready and willing
to aver, maintain and prove. as this honor
able court shall direct, and humbly prays to
be hence dismissed with his reasonable
costs and charges in this behalf most wrong
fully sustained.
H. G. WARMOTH.
Semmes & Mott, Of counsel
H. G: Warmoth swears that the facts,
statements and aVerments of the foregoing
answer in chancery are true.
Fl. C. WARMOTF
Sworn to and subscribed before ne this
5Wenty day Of November 1872
f. A. WOOLFLEY,
United States Commissioner.
Affidavit Of Jack Wharton F. H. Hatch and Bu-
rant DaPonte.l
Offered by defendants, November 25,
United States Circuit Court District of