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

I
District has not been in possession of said
office, but that the said Jack Wharton, by
himself or his employees, have beenin actual
possession of said stfice, and all its archives
as we'll as the seal of the State.
w. l.. CATLIN,
B, P. BLANCHARD,
o. d. BRAGDON.
Sworn and subscriber to before me this
eighteenth day of November 1872
WILLIAM GRANT,
United States, Commissioner, District of
Louisiana.
.[AfRdavit of William H. Cooley.l
Offered by defendants November p, 1872.
State of Louisiana, Parish of Orleans
Before me, the undersigned authority, per-
sonally appeared William H. Cooley, who,
after being duly sworn, deposes and says:
That Oh Wednesday, thirteenth November,
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 Da-
POute and +. H. Hatch be declared duly
appointed in the stead of Thomas G. Ander
son and ?. B. S. Pinch back, both deter
mined to be incapable; that the said motion
was put and 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
cial capacity, administered the oath of of
fee to the said parties, to wit: Messr5, Du-
rant DaPonte and +. II. Hatch, who there
upon took their seats at the table occupied
by the board of State canVassers. Depon-
ent further swears 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 DaPonte 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, aftiant
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. H. 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 0. D. Bragdon.l
Offered by defendants November 25, 1872.
Y. 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,
~, 10
month; that the said seal was kept in the
safe of the Governor-exoept when in actual
use-for 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 F. j. Heron has the
seal of the State in his possession.
Y. A. WOODWARD.
Sworn and subscribed to before NE No
Yember IS, 1872
WILLIAM GRANT,
United States Commissioner District of
Louisiana.
o. D. Bragdon deposes and says: That
the facts as stated above he knows to be
true. o. d. BRAGDON.
Sworn and subscribed to before me No
WILLIAM GRANT,
Louisiana
Affidavit Of John D07glas.l
offered by Defendants November 25,
1872.
John Douglas, being duly sworn, deposes
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 call on the follow
ing Thursday. He then demanded the
seal, which | refused to give him, for the
reason that | observed by the press that he
tary of State. lie asked me il. l did not
know that l 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.
Sworn and subscribed to before me this
eighteenth day of November, 1872.
WILLIAM GRANT,
United States Commissioner.
HETEROGENEOUS TO H. G. WARM0TH BY
COMPLAINANT.
Filed November 20, 1872.
Circuit Court of the United States, Dis
trict of Louisiana. In equity, No. $500
William P. Kellogg vs.. IL. q. Warmoth ct
al.-And now comes the complainant herein
by J. r. Beckwith and William H. Hunt,
his solicitors, and exhibit and file in court
interrogatories to be answered by the SAID
defendant, II. c. 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 the de-
PENDANT, H. G. WarmOth, under and in &C
c0rdance 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 court:
First-On what day and at what hour of
the day were you served with a copy Of the
restraining 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 first
knew of the existence of said order in your
possession any certificate, statement of
votes made by any supervisor of registra-
ton 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-
ceived any such document. paper, state
ment or certificate since the service OF said
order!
Tourth-Have you since the date Of ser'
g i
straining order permitted or allowed any
nersnn nthnr than John lynch. Frank ].