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

the presence of said John Lynch, TINS
respondent and said Jack Wharton, acting
in their aforesaid capacities of Governor
and Secretary of State, voted for the selec-
tion of +. II. Hatch and Durant DaPonte as
members of said board, and they were then
and there legally elected and qualified as
members Of said board; that after the cleo
ton and qualification of said Hatch and
DaPOnte, in the presence OF SAID John
Lynch, the said Lynch withdrew from the
said meeting and went Oft with SAID r ..
Heron, and they, the said Lynch and Her
ron, fraudulen0y, illegally, and Improperly
c0nspired with the said Jacob Hawkins,
James LOngstreet, and William p. Kellogg,
the complainant, did set up pretended
board of returning officers, and claimed the
right to act us such, contrary to law, ana
right, and Justice, for the purpose OF obtain
ing the returns from the several voting pre-
cincts in the State, with. the view OF alter
ing, destroying, and rejecting the same 80
as 10 conceal the true result OF SAID eIec.
ton, defeat the true intent of the voters OF
the State, by fraudulently declaring the
election of the said Kellogg as Governor,
and the election of others OF their friends to
other Offices, and in furtherance OF TINS
conspiracy, and to defeat the ends of justice
and the voice of the people, the said Lynch,
styling himself as president, aud the SAID
LongstTeet, styling himself one OF the mem
D9FS OF the UUaEu Vi I6GuIu1uSs O11lCCATs ~
manded Of this respondent the returns from
the various precincts Of the State, and IN
the still turther pursuance of the said CON
spiracy and fraud, the present suit was
brought.
And this defendant further answering
saith. that it is not true as charged IN SAID
bill of complaint that this respondent,
claiming to be in possession of the returns
of large number OF the supervisors OF reg
istration, refused to open said statements OF
the Supervisors of registration in the pres
ence of the said returning officers, being i'll
fuenced in said refusal, as your orator ne
heves, by the fear that said returning board
would make due and proper investigator
of the tluthfulness of said returns and state
ment and that said scheme for excluding
lawful ballots would be defeated, or that
evidence of the frauds that had been com
mitted, and OF the fact that large number
of persons had at such election offered to
vote and had been denied the right TO vote,
contrary to the constitution and laws OF
Congress, would be discovered and pre-
served in such form that the same could De
used, and of avail in any action or proceed
ing instituted by your orator to determine
his right to the office of Governor OF SAID
State, but, that the said Henry G. Warmoth
made frivolous excuses for not discharging
his said duty, and said board of returning
officers adjourned until the next day with
out any further action, when, In order to
cover up and conceal said frauds, and
to prevent the proper legal canvass
of said votes, the said defendant
Henry C. Warmoth without any legal au-
thority or color of law pretended to eject
the said Francis J. Heron from the office OF
Secretary of State, and with force of arms
attempted to take forcible possession of the
records and archives of the office Of Secretary
of State into his custody, and without war
rant or color of law pretended to appoint
the said defendant, Jack Wharton, to the
office of Secretary of State, and that the
said Jack Wharton, willing to aid IN such
unlawful scheme, pretended to be Secretary
Of State, and as such member OF said re
turning board; that the said defendant
Henry G. Warmoth, thereupon pretending
that he had conferred the office OF Secretary
of State on said Wharton, combined with
said Wharton, and they together pretend to
have elected as members OF sad returning
board the said defendants, Frank IL. Hatch
and Durant DaPonte, and that ough
thew and all of them were we'll aware that
all said actings and doings were in all
respects fraudulent, and in violation OF
law, and that none of said defendants,
except the said defendant, WarmOth, had
any colorado right to proceed to the
canvass of said statements, certificates or
returns, and that he, the said Warmoth,
had no right to open or submit the
same TO any persons other than the SAID
LYNCH, Hawkins, Longstreet and Heron,
yet the said defendants, Warmoth, w har-
ton, Hatch and DaP0nte, in order to aid IN
such echemes of fraud, pretend to be law
full returning board; that the said defend
ant, W&rmoth as your orator IS informed
and believes, while refusing to open and
deliver said statements, certificates and
returns to said legal returning officers who
mt
has in fact opened and submitted the
same to said conspirators and in
truders. excluding sal lawful returning
officers from any canvass; that your orator
believes and, therefore, AYERS the fact TO be
that it is the intention and deliberate plan
of the said defendant aforesaid, pretending
to act as returning board as aforesaid, to
make such pretended canvass of said votes
as shall affect an apparent defeat OF your
orator, and declare the SAID McEnery elected
as Governor of said State: that to produce
said result they will give effect to all such
fraudulent certificates and returns as tend
to produce such an effect, and tend to ex-
Glude from all consideration, count or can
vass, all votes of persons of color that have
been suppressed or prevented from being
cast and that it is their intention, by such
frauds to deliver to the pretended Secre-
tary Of State such certificate or return or
make it appear that your orator is defeated,
and the said McEnery elected: and that
while their canvass or return, as your orator
is informed, would be perfectly void III law,
vet the same would embarrass, hinder and
delay him il the prosecution OF legal pro-
ceedings in this honorable court to estab
fish his rights to said Office, to which he
verify believes he is Justly entitled, and to
which he has been legally elected; that he
jS int orruaR and fears that the Infnn-
ton of the said pretended returning board,
in furtherance OF their said scheme, also
t. destroy all of said returns or GER
tincates received from supervisors ct regis
tration, and thereby suppress and place be
yond the reach of your orator evidence
which will be important and Indispensable
III Il prosecution of legal proceedings to
establish his right to said office; that he
verify believes that it is the intention of the
said defendant, Warmoth, to place all said
certificates and returns Of supervisors be-
yond the reach or the regularly constituted
board of returning officers, and thereby de-
prive your orator of any legal official can
Yass of said votes, and of the evidence that
just. honest and truthful canvass Of said
votes would furnish tending to show his
right 10 said Office Of Governor"
The defendant answering, saith, that it is
not true as charged in said bill of com
plant, g that the said defendant, McEnery,
is cognizant of said plans and schemes, and
approves the same, aud is willing to aid IN
its accomplishment, by pretending to be-
lieve that the result of such pretended can
vass, if thereby it is made to appear that
he has received a majority Of the votes cast
at said election, would confer on him the
right to said office, and that your orator be-
Geves it is the intention of said defendants
to make sham and fraudulent return and