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

| 10 ~ lLlCit hIfF"l0uS6 tlI6k slllcB tu6 dU-
| pointment of Jack Wharton to the office OF
| Secretary of State, the said Jack Wharton
mas been IN full and complete possession Of
| the said office of Secretary of State
That the police of the Metropolitan Police
District has not been in possession of said
ONCE, but that the said Jack Wharton, by
himself or his employees, have beenin actual
| possession of said etice, and all its archives,
as well as the seal OF the State.
w. L. CATLIN,
B, P. BLANCHARD,
O. d. BRAGD0N
Sworn and subscribed to before mo this
eighteenth day of November, 1872.
WILLIAM GRANT,
United States Commissioner, District OF
Louisiana.
Affidavit Of william Fl. Gooley.l
Offered by defendants November %. 1872
State OF Louisiana, Parish of Orleans
Before me, the undersigned authority, per
sonally appeared William II. Cooley, who,
after being duly sworn, deposes and says:
That on Wednesday. thirteenth N0vem Der,
1872, he was present in the Governor s
office, in the Mechanics Institute, where
the board of State canvassers met. That
it is to his knowledge that Governor War
moth, during the sessions of the board,
made motion that Messrs Durant D4-
POute and +. H. Hatch be declared duly
appointed in the stead of Thomas G.. Ander-
son and ?. B. $. Pinch back, both deter.
mined to be incapable; that the said motion
was put ard carried; that John Lynch
one of the board OF canvassers, was
present during the whole OF the proceed
ings, and upon the motion aforesaid of
Governor WarmOth, did not vote either in
the negative or affirmative. but the motion
having been carried, the atfiant, in his Judi
clal capacity, administered the oath OF of
ice to the said parties. to wit: Messr5. Du-
rant DaP0nte and +. II. Hatch, who there
upon took their seats at the table occupied
by the board CT State canyassers. Depon-
ent further sweaTs that during the whole of
the above proceedings the said John Lynch
was present, sitting at the head OF the ia
BILE, and only withdrew after the said Da-
Ponte and Hatch were regularly sworn and
indicted into office; and deponent further
swears that said John Lynch did not at
tempt to depart from the room until the
said Hatch and DdPOnte were sworn in,
seated at the table of the board of State
canvassers, and until the Governor as pres
ident of the board had declared the said
board organized and ready for business.
and had proceeded to break open some of
the returns of the election; further, affiant
says that the said John Lynch did not pro-
test against the seating OF Jack Wharton
as one Of the members of the board of can
Vassers. w. II. COOLEY.
Sworn and subscribed TO before me this
eighteenth day Of November, 1872
WILLIAM GRANT,
United States Commissioner, District OF
Louisiana
Affidavit of Y. a. Woodward and Q. D. Bragdon.l
Offered by defendants November 25, 1872
7. A. Woodward, Assistant Secretary Of
State, deposes and says: That he has been
Assistant Secretary of State continuously
for the past three months, and has had in
his possession as such, the seal Of the State
of Louisiana; that he turned the said seal
over to Jack Wharton, Secretary of State,
on Wednesday, thirteenth of the present
month that the said seal was kept in the
safe of the GovernOr-except when in actual
use-f0r safe keeping: and that no other
seal has been in use, as the seal of the State,
during the time that he has been Assistant
Secretary Of State; that it is not true, and
can not be true, that +. j. Heron has the
seal of the State in his possession.
Y. A. WOODWARD.
Sworn aud subscribed to before me No
yember Is 1872.
WILLIAM GRANT,
United States Commissioner, District Of
Louisiana.
O. D. Bragd0a deposes and says: That
the facts as stated above he knows to be
true. o. D. BRAGD0N.
Sworn and subscribed to before me No
vember Is, 1872
WILLIAM GRANT,
United States Commissioner, District Of
louisiana.
IAffdavie of John DoHglas.l
Offered 10y defendants, November %,
1872.
John Douglas, being duly sworn, deposes
and says: That f. j. Heron called on him
on Friday, the eighth day of the present
month, and ordered him to make a seal of
the State of louisiana for the office of Sec
rotary of State. 1t was to have been made
by me and ready for delivery on the fol
lowing Tuesday. General Heron did not
call on Tuesday, but did cali on the follow
ing Thursday. lie then demanded the
seal, which l refused to give him, for the
reason that observed by the pr So that he
had been removed from the Office of Secre-
tary of State. He asked me if | did not
know that was liable for damages for my
refusal, to which / responded that | was
willing to take the responsibility. / still
have the seal in my possession.
JOHN DOUGLAS
Sworn to and subscribed before me this
eighteenth day OF November, 1872.
O. NJ. TENNISON,
Deputy Clerk, Eighth District Court
day of November, 1872.
WILLIAM GRANT,
United States Commissioner.
TO H. c. wAR@oTH BY !
COMPLAINANT.
Filed November 20, 1872.
Circuit Court OF the United States, Dis
trict Of Louisiana. In equity, No. $3.50
William p. Kellogg VS.. H. G. WarmOth ct
,lalF If her
by j. r. Beckwith and William II. Hunt
his solicitors, and exhibit and file in court
to be answered by the sad
defendant, H. G. WarmOth, as directed and
allowed by the order of this honorable
court, requiring the said defendant to show
cause why he should not be punished for
contempt of the orders and authority Of
this honorable court, as follows:
heterogeneous propounded to tine de
PENDANT, II, G. Warm0th, under and in ac
cordance with the order heretofore made IN
this cause, requiring him TO show cause why
he should not be punished for contempt OF
the authority OF this c0ur.:
First-0n what day and at what hour of
the day were you served with copy OF the
order granted in this court!
Second-Had you any knowledge OF the |
existence OF said restraining order before |
the service of copy Of the same on you! II |
yea, state the day and hour when you so |
became acquainted with the fact that said |
order had been allowed.
Third-Had you at the time you frat
knew of the existence of said order in your |
possession any certificate, statement of |
votes made by any supervisor OF reglstra- |
tjon or other officer or officers OF election in
any manner connected with an election held !
in the State of Louisiana on the fourth day |
Of November, A. D 1872, and have you re-
geived any such document paper, state,