New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-14
Another Reufstratfon C,ase,

the United States; that he is a resident o
| the fifth ward of the city of New Orleans
and has resided in said ward for thu
longer than that required by law to entitlt
him to vote therein, and to be registered
| therein as voter; that he presented him
| self, and requested to be registered, anC
was unlawfully prevented and hindereC
from exercising that right by one NJ. C
Barry, claiming to act as and being assist
ant State supervisor of said ward, the saiG
| NJ. G. Barry requiring of him evidence, and
imposing upon him terms not authorized OF
required by law.
Therefore, affiant charges the said NJ c.
Barry with having, on the said fourth day
of September, 1872, prevented and hindered
afiant from duly exercising his lawful right
of being registered as voter in said ward
and he prays that the said NJ. G. Barry
may be arrested and dealt with as the law
directs.
Barry was accordingly arrested on the
eighth instant by Deputy Marshal G. Steele,
and released on bond in the sum of 5000,
which was given by Mr.. Anatole Cousin Jr.
The case was fixed for trial at twelve
o'clock yesterday, W. R. Whitaker, ESQ,
appearing for the defense, and j. w. Cur
ley, United States assistant district attor-
new, representing the complainant.
Mr.. Gurley stated that it was a mere
question as to identity, and that was a
point to be settled under the laws of the
State.
The first witness called was John Bell,
the prosecutor He resided on Prieur
street, between Dumaine and St. Ann
streets, IN the fifth ward, and had resided
there for three years; he applied TO be re-
gistered last Wednesday week, and was
refused by defendant; he presented the re-
gistratlon papers he got in 1867, and showed
them to defendant; he asked witness how
old he was; Bell testified: 81 told him
was ffty-six years old;" he asked where |
registered five years ago; l told him on
trenchmen street, down town; / did not
vote in 1870; voted on Greatmen street five
years ago; never voted for any man ex-
cept General Grant; never stirred off my
place to go and vote since then; | voted for
the Mayor of the city; it was five years ago;
have not voted since; the time they were
killing colOred men was four years ago. /
did not vote then, nor don't know of any
body who did; only know voted for Gen
eral Grant; Mr.. Barry gave me no instruc-
tons when he refused to register me; he
told me he wanted evidence; Mr.. Larrieu
was my witness, but it made no difference;
then Mr.. Larrieu told me to go and get two
witnesses, and | went and got two of my
neighbors, William Moody and Richard
Jones; Mr. Larrieu told me to get somebody
who knew me; it was three O'Clock in the
evening when l brought them there; there
were several persons there; recognized
Mr.. Barry, Officer Foulhaber and Captain
W. w. Dane as being there then; Mr. Lar
rieu told Mr.. Barry that these were the wit
nesses of my refusal.
L. D. Larrieu, sworn-Is United States
supervisor of registration; have known John
Bell about three months; was present when
he offered to register; was busy writing at
the desk when my attention was attracted
by Mr. Barry asking him where he lived in
1868, at the time he was examining his pa
pers; Mr. Barry told him to go and get two
witnesses; | told him I would witness as to
Bells identity, but he told me, being super
visor, could not be a witness; then | sent
Bell to get two witnesses; when he came
back with them | found one of them could
not wait, SO | sent them off, telling Bell
they would probably refuse him any way,
and the matter had better be settled In
court; heard 10 conversation between
Brown and Bell; on another occasion nv
oath was taken and deemed sufficient; wit
ness thought Mr.. Barry was over Jealous,
and disposed to brOwbeat the cOlored men,
and to embarrass them by asking questions
as to dates, etc, which he knew they could
not answer.
Officer F0ulhaber sworn-Was present
when Bell came to be registered; he had
registry paper of 1868; my attention was
by his stating that he had voted
for Mr.. Flanders for mayor on that paper:
Mr.. Barry was not satisfied and told him he
must go and get two witnesses to prove his
and name by; he went away and
l never saw him again; Mr.. Barry treated
the applicant cOurteOusly, as he does everyo
body; l was police officer on duty there at
the time; Mr.. Barry treats all alike, whether
white or black, without any partiality.
Captain w. w. Dane sworn-Is United
States supervisor; saw Bell come in and
Barry put several questions to him: and
Barry was not satisfied and requested Bell
to go and get two witnesses to identify him;
be went away and didn't see him come
back; Barry might have questioned Bell a
little closer than he did others on account
Of his suspicion being excited.
Mr.. Larrien took occasion to inform the
court that Officer Foulhaber himself was
in the habit of brOwbeatIng and intimidat-
ing cOlored men; and he has threatened to
arrest him if it was not stopped.
The testimony was closed and argued by
the counsel. Mr. Gurley insisted that the
applicant should have been registered I'M
der section twenty-One of the State law
which authorized the supervisor to admin
ister an oath to any person claiming to |
register, and if that oath is false the one
who takes it is liable for perjury. Under
no circumstance has the registrar the right |
case. In case of a naturalized citizen one
witness is sufficient; why should a native
born citizen be required to furnish two |
The supervisor has right to be accepted |
as witness. That this man was entitled |
to registration without being subjected to
this annoyance, there can be no doubt
Mr.. Whitaker called the attention of the |
court to section thirtv-four of the same act.
and explained that this party had come be- |
~, all ~, L.
voted two years ago on papers issued four |
years ago, though he said five years ago,
when we all know there was a new regis
ration law in 1870. This was a suspicious |
and the registrar was in |
luty bound to satisfy himself as to the per
IONS status, and the question of identity |
involved the question of residence. The /
of United States supervisor !
ind police officer shows that the registrar
,nly required the legal testimony to be |
Produced. In this case the United States
aw in no way conflicts with the law
# the State Mr.. Larrieu testiies
hat he sent away the witness Mr.. Bell had |
PRESENTED there is no evidence to show
hat Bells witnesses ever presented them
elves to identify him but the testimony
,oes clearly to show that Bell would have
zen registered had he complied with the
aw. This law is clearly police regulation
f the State, and it Is the sworn duty of the
egistrar to enforce it. .
Commissioner Weller said: 1t seems one
f the United States supervisors was will
no to voueh for Bell, and it is question if
Ii Barry was not little more captious
han necessary in this case. have no
oubt this man is a legal voter. II MIR.
Barry will so recognize him, l shall dismiss
his case; if not, will hold him till he does.
Mr.. Whitaker held that the registrar was
citing in the strictest compliance with law
s laid down in section thirty-fve of the
egistration law, which he read to the court.