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

Der OF the board, and took his seat. Mr.
WaTnoth moved that Frank II. Hatch and
Durant DaPonte be elected to I'LL the vacan-
Cies caused by the non-eIIgibiEty Of Messrs.
Pinchback and Anderson. Carried, Messrs.
Warmoth and Wharton voting yea, and Mr.,
Lynch not voting. Messrs. Hatch and Da-
P0nte were then sworn in by Judge Cooley,
and took their seats. At this point General
Heron stated that the proceedings We're
irregular, and left the room, followed By
Mr.. Lynch,
Fl. G.. WARMOTH.
President Of the Board. etc.
JACK WHARTON.
Sworn to and subscribed this sixteenth
day o. November, 1872, before me.
JOHN P. MONTAMAT,
Third Justice of the Peace.
H. G. Warmoth, being sworn, says that
he has read the foregoing affidavit, and the
facts therein stated are true.
o H. G. WARMOTU.
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 he
has read the foregoing affidavit, and the
facts therein stated are true.
GEORGE A. SHERIDAN.
Sworn to and subscribed this sixteenth
day OF November, 1872, before me.
JOHN T. MONIAMAI,
Third Justice of the Peace.
United States of America, District of
Louisiana: Personally appeared Henry c,
Narmoth, Jack Wharton and George A.
Sheridan, who, being seyerally sworn, de
clare and say that the facts, statements
averments and certificate on the first page
Of this sheet Of paper are true.
H. G WARMOTH.
GEORGE A SHERIDAN.
JACK WHARTON.
Sworn to and subscribed before me, this
nineteenth day Of November. 1872.
JOHN &. WELLER.
United States Commissioner.
AFFIDAVIT of F. H. Hatch and Durant DaPontel
Offered by defendants, November -,
1872.
F. II. Hatch. being sworn, says; That he
was called INTO the pariOT OF the Governors
office at the State House, at meeting had
there on the thirteenth of November. 1872.
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 T. j. Heron, aud 10 objection
was made thereto by said John Lynch, and
the deponent as well as Durant DdP0nte
we're sworn in by Judge Cooley.
After being so sworn, +. J. Heron ap-
pealed to john Lynch to withdraw. Lynch
words to that effect, but afterwari on the
importantly of said Heron. be Withdrew,
+. II. HATCH.
Sworn and subscribed TO before me-, this
eighteenth day OF November, 1872,
WILLIAM GRANT,
United States Commissioner, District Of
Louisiana.
Durant DaPonte, being sworn, says The
facts set forth in the foregoing affidavit ot
DURANT DAPONTE.
Sworn and subscribed to before me- this
eighteenth day OF November, 1872.
WILLIAM GRANT,
United States Commissioner, District OF
Louisiana.
[Afidavits of Jack Wharton and Z. c. WarInotA.i
offered by defendants, November %, 1877
The defendant, Jack Wharton. being duly
sworn, says: First-That on the thirteenth
of November, 1872, he was daily appointed
by the Governor of the State of Louisiana,
Secretary Of State in and for the State Of
Louisiana, as appears by his commission
hereto annexed as part hereof.
Second-That on the same day and 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 an
nexed.
Tbird-That on the same. day this depo-
nent took the oath of office prescribed by
law, as appears by certified copy thereof
hereto annexed.
Fourth-That prior to the appointment of
this depOnent as Secretary Of State afore-
said, and ON the same day, to-wit: thir-
tenth November, 1872, the said Heron was
removed by the Governor Of the State Of
Louisiana from the performance of the du
ties Cf the office of Secretary OF State, as
appears by copy of the order OF remova!
hereto annexed as part hereof.
Fifth-That said Heron was originally
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 L. Bovee, who had been elected
Secretary of State at the general election
held in the year 1863 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 suspendi1g OK
der hereto annexed.
Sixth-That this deponent on his appoint
ment aforesaid took peaCeable possession
of the Office of Secretary Of State, the seal
of the State and the archives CT the office
of Secretary of State by virtue Q: said APP
pointment, and holds the same, and pro
ceRded to discharge the duties Of said office.
and the said Heron does not ROW hOlA the
Office Of Secretary OF State. 81 Its seal, or
its archives, nor was he II possession
thereof at the time the petitions were fileG
in these suits.
Seventh-Thas in snit No SO G! She
docket of the Eighth Distric. Court for the
parish Of Orleans the said ) J. Heron set
up and relied on the suspendDg order
aforesaid to maintain She validity OF his
appointment aforesaid 70 discharge the Gu.
ties o. Secretary OF State az aforesaid
JACK WHARTON.
Sworn ana subscribed to before me Sh.s
eighteenth day Of November, So
WILLIAM GRANT.
United States Commissioner. District q:
Louisiana.
Il {. Warmoth swor::. sars :tas re has
read the foregoing affidavit. aud tie facts
therein stated are true.
HENRY 9. WADMcTR.
Sworn and subscribed 20 before me, this
eighteenth day of November. 1872.
WILLIAM GRANT.
United States Commissioner. District {:
Louisiana.
!AfBdav!:. of Wharton. was,no.':. AID Sheridan
offered by defendants Sovember o. 49,.
J.Wharton, being sworn. says: That the
facts set forth in the subjoined ofHcial .e'
port Of the board of returning officers are
true. aa& that the gote e.9G.sag :. Il. Hatch