New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-23


last election in this parish were not mad
out and sworn to as the law requires. an
| that the ballots in tue boxes for ward No.
Will not show the same result as tae returns
IL seems TO us that if the statements i
the affidavit be true, that the ballots an
returns in tho ballot boxes called for hav
been tempered with so az t. render ther
unreliable as evidence, that the result o
the election az ascertained and announce,
by tho commissioners Of election at eac
precinct might have been proved by th
next best evidence in existence.
The defendants are not charged with tn
irregularities or frauds complained OF il
conducting the election; nor are they cbare
cd With having said boxes, For with tau
periDg with them. Under these circuln
stances there are no presumtious agains
the defendants, and they had the came RICH
| that plaintiffs bad to introduce the best eyi
dencc which the nature Of the case ed
mitted Of
But, we do not perceive that tic refusa
OF the Judge injured the defendants, as ,Lt
onuH OF proving that the election was nul
and VOID. or that they were elected, wa.
| upon tho plaintiffs, and they have intro
| duced no evidence to establish fraud lie
gality or irreguarity at the election excep,
! rs TO wards Nos. and =, besides the admi.
slons of defendants made as above stated
ooc nv uo uot dlleSt DE attempt 10 prove
thas II the entire vote of wards Nos 9 and
| were thrown out they would be elected
they only claim that this woaid be the re
suit II al. the wards IN the parish except
wards Kos. ard were rejected, thereby
admitting thar they were not elected.
As already stated. tue only evidence Of
fered by the plaintiff, was the admissions
aforesaid and the testimony of witnesses as
to what occurred in relation to the election
at wards Nos. and .. The only witness
offered by plaintiff who testified in regard
to ward No. ., is T. + Montgomery, he
says, Il was at the votlng precinct of ward
No =. IN this parish, on The second Of No
Vember last: the tally list was closed aud
signed Tuesday night following the cleo
tlop, between eight and ten O'Clock; | WAS
a commissioner OF election at said precinct:
all tho tally sheets and ballots were locked
up III the box after the counting OF the votes;
The tally SHEETS were not signl d that night;
l did not sign the tally sheets at all CO
cross Examination, he said- "The reason
that | did not sign the tally sheets that
night was because the commissioners did
not think the law compelled them to do eo it
was no6 on account of any uufairness or ire
guiarltT IN the election at said polling pre-
cinct at the time of closing the polls that
did not sign them; the tally list was correct
at the time 1t was made out; we completed
the list sometime Tuesday night folio wing
the election, between ten and eleven O'Clock:
won't be positive about tho time, but t
was alter dard: the election the counting
OF the ballots and the making out Of the
tally Ilslh at said precinct was fair while |
was present; there were no frauds or irrer,. |
arltles IN the voting or counting of votes |
and making out of the tally sheets at said |
precinct so far as know; If there had been |
my, would have been apt to have known it, |
or l watched very Closely When recalled, |
re stated "The commissioners did not,
While was with them, make out a list of |
VII the persons voted for, the number of |
rotes received by EACH and sign and swear
o the same. never did sign such list. | |
lon't know that the box containing the bal
OTIS and tally lists was deposited with the
Jerk OF the court. We counted the votes.
nd made record of what each man re.
eived, and put down the name of each
and the offices for which they
7ere voted, and the number of votes each
ian received. There were there such tally
sts as above described made out by the
On closing the POLLS, each
swOre to the number of votes
oiled. They did not swear to the returns
bOve described in my presence"
lt Is manifest that no court could hold |
lat the election at that precinct was illegal
ull and void.
in regard to what occurred at ward one.
le facts, as disclosed by the evidence, an
EAR to be that the commissioners of cleo.
on opened the polls at the door Of small
ouse; that rail which was placed acruss F.
10 door to keep voters from pressing
,alnst the table on which the ballot box
God. was broken by the pressure of the
owd. and the commissioner found it nee
sary to receive the ballots at window of I
9 Same house; this window was between l
'e and half and seven feet high; Rhodes,
witness, swears the exac: height to l
five feet nine inches that when I
9 voter stood at the window he could not L
o the ballot box, but he could see the q
mmisioners, and the boz was in full view q
those who stood a little distance from s
window. 1t appears that the officers Of :
,ction and some Of the candidates on Ii
tn sides were inside the house and near &
ballot box. 1t further appears that n
ose who desired to handed TIER ballots, e
ID their registration papers, TO the com q
ssioners, who received them, and that L
ballots were deposited in the ballot 81
K. 1t appears further that large mum v
OF persons voted by putting their hal u
g and registration papers at the end OF 81
cks and thus reached over the heads of d
'se who stood between them and the win Of
". The witnesses are not agreed about the III
nber who thus voted. Ono witness saws ID
'ut seventy-tve, ard another SAYS about Ell
>. Wilson's wears as follows / observed =.
hing wrong except the voting on sticks " y,
that was new Sly lie to me; those voting y.
sticks were standing at q distance from '"
window, and reaching over the heads O..
others who were close up to the window; ~
ould have tried to vote in this way my -, y.
II could have got a stick these vot- 4;
a of n III Ax,l l..
g." Ia
. Il. Rhodes testified as follows. II was va ".
OF the commissioners at voting place w. w.
OF this parish at the last general cleo ~
J.: n. Burton was there during the day; ="
d not hear him make any objections to -;
way the election was conducted: n ~.
rd him say four days after the o &c,
ton that the election was fairly th
iucted, except in his opinion L n om
10 mistake Of eleven ballots in count s,u
off against him. and two persons that s Gl
Q not allowed to vote he thought would "
voted for him if they had been 81,
wed to vote; he made no objection at u ,,n
election or after the counting of the p.
's that heard; the exact height OF the ou ",
dow whore the ballot box was placed ia W.
feet nine inches; no one was compelled .n'
ote on sticks; those persons who were pa
ous to vote for fear of not having time en'
ote got sticks and placed their ballots g.
he end Of them, and handed them up ~
tho commissioners; tho smallest -. ~
that l know of could vote un
handing his ballot up to the 1a
missioners with his hand" This test hel
y was corroborated by S. j. Galbrith, S. lay lay
ustin. w. w. Benham and K. Meyer, and 20.
w;tnass n M Snonn tast;Sa 81. ren
a commissioner at ward No l he says ha. =,
;. jackson and myself came to Provi. ues
g with the first ward, and deposited rou
box in the clerks office; the clerk Of pre-
'ourt. MIR. jackson, gave me his receipt SCI So,
,ev,a of};ca OVID AZ, J"aL " WI rec