New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-09

| ton to disregard and. disobey the same2
Is it not true that you have opened,
| sealed or unsealed, packages containing
statement of votes or other documents re-
| lating to an election held on the fourth day
| of November, A. D. 1872, the last general
election since the service on you Of copy
of the restraining order issued in this cause2
If yea state when, from what officer OR
officers or person said document, package
| and envelOp came, and when and in whose
| presence the same was or were so opened,
| and who and what persons beside yourself
have seen the same opened, or have seen
any such documents.
Ninth-Is it not true that you have ad-
vlsed clerks which you claim to have al
pointed in connection with Jack Wharton,
Durant DaPonte, Frank H. Hatch, or any
other person or persons claiming to act as
returning officers of election, that the re-
| straining order issued in this cause did not
| affect them or any of Them and have you
not permitted them or some of them to
| nave custody of papers relating to said
| election and had knowledge of the fact that
| calculations, counts, statements relating
TO SAID election have been made since the
| service OF said restraining Order2
Tenth-Is it not true that YOU have since
the dateet the restraining order in this cause
issued commissions to some officer or Off
GERS who was or were a candidate or candi-
dates for election to office, either State, pa
rochial or municipal, at the election held
in this State on the fourth day of Novem-
Der, 1922 if yea when did you issue such
commissions, to what person or persons,
and fer what Office or offices!
Eleventh-Is it not true that you have
issued a commission to some person as
sheriff of the parish of Orleans, either civil
or criminal, who was a candidate for cleo
ton at the last election in this State, the
election referred to in the bill of complaint
una oft +hn of hn
person or persons commissioned, the day
and hour when such commission or commits
sions were delivered to such person or per
sons. and upon what evidence Of election
the same was or were issued; state partcu-
lars in full
Twelth-Have you done any act relating
to said election referred to in the bill OF
complaint, or tending to make known to
you or any other person or persons the re-
suit Of said election since the service of the
restraining order in this cause If yea,
state what you have done or what you have
any knowledge of having been done, in full
detail and particulars.
j. r. BECKWITH
Solicitor for Complainant.
tMarshals RETURN
Received by United States marshal No
vember 30, 1872, and on the same day,
month and year, served the within interrog-
atories on the within named III. G. War
moth by handing the same to him in person
at the Mechanics Institute in this city.
G. 4. STEELE,
Deputy United States Marshal.
HETEROGENEOUS TO F. H. HATCH, DURANT
DAPoNTE AND JACK WHARTON BY COM
-PLAINANT.
Filed November 90 1872.
Circuit Court of the United States, Dis
trict of Louisiana. In equity, No. 6S30.--
William P Kellogg vs. H. c. Warmoth, ct
al. And now comes the complainant herein
by J. r. Beckwith and William H. Hunt
his solicitors, and exhibits and files in court
Undergraduates to be answered by the said
defendants, Jack Wharton, Durant DaPonte
and Frank II. Hatch, as directed and al
lowed by the order of this honorable court,
requiring the said defendants to show cause
why they should not be punished for con-
tempt of the orders and authority of this
honorable court, as follows:
heterogeneous prOpounded to Jack
Wharton, Durant DaPonte and Frank H.
Hatch, under and by virtue of the order OF
the court requiring them to show cause why
they should not be punished for contempt
of court for disobedience of its ORDERS and
required them to answer in writing, under
oath, heterogeneous prOpOunded tO5them:
First-ls it true that you, any, all, or
either of you, have acted with the defend
ant, II. T.. WarmOth, as returning officers to
votes, made by the supervisors of registra-
ton about or concerning an election held in
the State OF Louisiana on the fourth day Of
November A. D. 1872? If yea, state the day
and hour at which you first began so to act,
and the day and hour when you ceased to do
any act as returning officers, and severally
state the day and hour of the service of the
restraining order in this cause on you re-
spectlvely.
SecOnd-Have you, or either of you, aG
any time since you knew of the existence
of said restraining order, done either indi-
vidually or collectively with each or any Of
YOU, or with the defendant, H. G. WarmOth
any act tending toward canvassiDg any
statement Of votes cast at the said election
referred to.in the bill of complaint? If yea,
+ state the date and full details and partiCu-
lars Of such act or acts.
1zhird-Have you, or either Of you, seen,
had access to, read, or in any manner had
| made known to you, or either of you, the
import contents, statement or any deduc-
ton made from any statement of votes,
certificate or document relating to said cleo
ton referred to in the bill Of complaint
herein, which should properly be canvassed
by returning officers Of electiOnf Ii yea,
state what paper or document you have
seen, when, where and by whose aid or con
nivance any such matter was made known
| to you.
Fourth-Is it not true that you, and each
of you, have been well aware that persons
claiming to be clerks appointed under al
legged authority of the ifty-ffth section of
Gan act to regulate the conduct and main
tain the freedom and purity of elections
ETC., approved March Is, 1870, and law of
the State of Louisiana, have had free access
to papers and documents relating to said
election of November 4, 1872, and have
been canvassing or examining the same since
the date of the service of the restraining
order in this cause? If yea, state the names
of such persons and what they have done
in that respect in full detail.
Fifth-Have you, or either Of you, ap-
proved made, or assisted in making, or
signed, cOuntersigned, attested or verified
any statement of canvass or calculation Of
the vote cast, or the majority of votes cast
for any person who was q candidate for
office at said election, showing or tending t0o
show the election or defeat of any such
candidate, or any commission issued to any
such person or persons as an officer, States
parOchial or municipal If yea, seYerallY
state in full detail the character and date
of all such act or acts. -
Solicitor for Complainant
MARsHAL's RETURN OF SERVICE
Received November %, 1872 by the
United States marshal, and on this same
day, month and year served each Of the
within named persons with a copy hereOs
personally in this city, New Orleans, Nee
vember ~, 1879.
CHARLES r. STEELE.
Deputy United States Marsharo
[Copy of Record of Suit No. 10 545 in the EigBfS
Diatrict Court for the Parish of Orleans.1
offered by complainant NoyeBbeg 23S