New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-08

WarmOth moved that Frank ii. Hatch ant
Durant DaPOnte be elected to fill the vacan
cies caused by the non-elIgibility of Messrs
Pinchback and Anderson. Carried, Messrs
Warmoth and Wharton voting yea, and Mr.
Lynch not voting. Messrs. Hatch and Da
Ponte were then sworn in by Judge Cooley
and took their seats. At this point Genera
Heron stated that the proceedings were
irregular, and left the room, followed BY
Mr.. Lynch.
H. c. WARMOTH,
President of the Board, etc.
JACK WHARTON.
Sworn to and subscribed this sixteenth
day of November, 1872 before me-
JOHN P. MONTAMAT,
Third Justice OF the Peace.
II. c. Warmoth, being sworn, says thai
he has read the foregoing affidavit, and The
facts therein stated are true.
H.C. WARMOTH.
Sworn to and subscribed this sixteenth
day of November, 1872, before me.
JOHN P. MONTAMAT,
Third Justice OF the Peace.
George A. Sheridan, being sworn, SAYS ht
has read the foregoing affidavit, and the
facts therein stated are true.
GEORGE A. SHERIDAN.
Sworn to and subscribed this sixteenth
day of November, 1879, before me.
JOHN P. MONTAMAT,
Third Justice Of the Peace.
United States Of America District OF
Louisiana: Personally appeared Henry G.
Warmoth, Jack Wharton and George A.
Sheridan, who, being severally sworn, de
clare and say that the facts, statements
averments and certificate on the first page
OF this sheet Of paper are true.
II. G. WARMOTH,
GEORGE A. SHERIDAN,
JACK WIZ ART0N
Sworn 20 and subscribed before me, :his
nineteenth day of November, 1872.
JOHN B. WELLER.
United States Commissioner. 9
lAffdavit Of F. Il. Hatch and Dursnt DaPontej
Offered by defendants. November 20
1872.
+. II. Hatch, being sworn, says: That he
was called INTO the parlor Of the Governors
office at the State House, at % meeting had
there on the thirteenth OF November, dS12,
OF the returning officers of. election under
the State law, and was sworn in as a mem
Der Of said board in the presence of John
Lynch and +. j. Heron, and no objection
was made thereto by said John Lynch, and
the deponent as well as Durant DaPonte
were sworn in by Judge Cooley.
After being so sworn, +. j. Heron ap-
pealed to John Lynch to withdraw. Lynch
replied: - l don't know about that OF
words to that effect, but afterward on the
importantly Of said Heron, he withdrew.
F. H. HATCH.
Sworn and subscribed to before NE, this
eighteenth day OF November. 1872.
WILLIAM GRANT.
United States Commissioner. District o:
Louisiana.
facts set forth in the foregoing affidavit Of
H II HarCh arc
DURANT DAPONTE.
Sworn and subscribed to before me- this
eighteenth day Of November, 1872.
WILLIAM GRANT.
United States Commissioner, District Of
Louisiana,
TAhidavits Of Jack Wharton and H. { WaTnotE. !
offered by defendants. November IS, 1872
The defendant, Jack Wharton, being daily
sworn, saws: First-That on the thirteenth
Of November, 1872, be was duly appointed
by the Governor Of the State OF Louisiana,
Secretary Of State in and for the Stat Ut
Louisiana, as appears by his commission
hereto annexed as part hereof.
Second-That on the same day AID prior
to his said appointment he resigned the
office of State Assessor Of the Fifth District
OF the parish of Orleans, as appears by a
certified copy OF his resignation hereto at
nexed.
Third-Tbat CT the same day this depo-
nent took the oath of office prescribed by
law, as appears by a certified copy thereof
hel etc annexed.
Foulth-That prior 10 the appointment Of
this deponent as Secretary OF State afUre-
said. and on the same day tOwlt; tAlr-
teenth November, 1872, the said Heron was
removed by the Governor Of the State Of
Louisiana from the performance Of tue du-
ties Of the office of Secretary OF State, as
appears by a copy Of the order Of removal
hereto annexed as part EereOt.
Fifth-That said Heron was orig ually
appointed to perform the duties Of said
Office of Secretary of State by the Governor
of the State of Louisiana in the place Of
George E. Boyee, who had been elected
Secretary of State at the general election
held in the year 1868, and who had been
suspended from the performance Of the
duties Of said Office of Secretary Of State.
by the Governor Of the State OF Louisiana,
as appears by copy Of the susgendlng oS
der hereto annexed.
Sixth-Tbat this deponent on hlp appoint
ment aforesaid took peaCeahle possession
Of the Office of Secretary Of State, ale seal
of the State and the archives Of the Office
of Secretary Of State by virtue Of s8!d APP
poiutment and holds the sane. and pro
ceeded to discharge the duties Of said Office,
and the said Heron does not now hold the
office Of Secretary OF State. q: its sea-. or
its archives, nos vas he n possession
thereof at the time the qetitioDs 'se:9 tie"
In these suits.
Seventh-yhas n suit SO 81 q lie
docket OF the Eighth District Court for me
parish OF Orleans the said +. J. .ierron act
up and 6eIed on the sUspending order
aforesaid 70 maintain the validity =! his
appointment aforesaid to discharge the :. 3
ties Of Secretary Of State as aforesaid.
JACK WHARTON.
Sworn ana subscribed to before zee :iS.s
eighteenth day Of November, 1879
WILLIAM GRANT.
United States Commissioner. Dss:.4"G Al:
Louisiana.
II. G. Warmoth sworn. says that 20 IA.
read the foregoing affidavit, and :he :acts
therein stated are true.
HENRY G. WAEMOTi
Sworn anG subscribed TO before ne. =! =
eighteenth day Of November 1879.
WILLIAM GRANT.
United States Commissioners 0assg.c: O;
Louisiana.
tAffdavits Of Wharton, Tarmoth ap3 sieriian.!
Offered by defendants November 2j. 1872.
j. Wharton, being sworn, says That the
facts set forth in the subjoined official re-
port Of the board Of returning officers are
trUeo and that the vote eIectpg :. 4. HatsG