New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-30
COURT RECORD.
THURSDAY, APRIL %, 1879.
United stn,es Circuit Court.

THURSDAY, APRIL %, 1873.
United stR,es Circuit Court.
Present-Hon. w. b. Woods, Circuit
Judge.
Norman Whitney vs.. Pbrnix Insurance
Company of Brooklyn: same We. Imperial
Insurance Company of London.-Jury dis
| charged and mistrlal entered.
| United States vs.. James McNOon.-As-
sault and battery, Oh the Rapides, February
Il, 1873, on Michael Collins. Verdict,
guilty.
United States vs.. Peter Conrad.-Verdict
| guilty Of cOunterfeitiIg.
Superior District Court.
State ex rel. J. C. Moncure vs. Antoine
| Dubuclet.-The petition of the State of
| Louisiana, represented by A. =. Field
Attorney General of said State, upon the
| information of John G. Moncure, resident
OF the city of Shreveport, in the parish of
CaddO, ioined with said State, as plaintiff
herein, respectfully re epresents that Antoine
| Dubuclet, Il resident of the city Of New Or
leans, i. the parish of Orleans and State
aforesaid, is now occupying and holding
| the office of Treasurer of the State of Louis
lana. having possession of the books,
records, seal and other appurtenances
thereto, and is collecting the salary derived
| therefrOm; that said Antoine Dubuclet
holds said Office by virtue of, and under
| color OF, commission from the Governor
| of the State of Louisiana, dated December
| 81, 1874.
Petitioners allege that said commission
was issued to sald Antoine Du5uclet in
| error, and that said Antoine Dubuclet ille
gally and improperly occupies said office
] and exercises the functions and is collecting
the salary thereof; that John C. MoHcure,
one Of the plaintiffs herein, is the duly
| elected Treasurer of the State Of Louisiana,
and is legally and properly entitled to said
| office and To exercise the fuctiOns thereof,
as we'll as to have full and complete Gus
| tOdy of the records, seal, books and all the
appurtenances aud collect the salary there
| of, for the reason and iD consideration of
| the facts hereinafter specially set forth;
that plaintiff, John c. Moncure, has an
| interest in this suit to the amount of four
years salary, $780, 900.
Petitioners aver that in pursuance of the
| duly published proclamation OF the CIV,
| ernur Of the State of louisiana an election
| was held in the said State OF Louisiana on
| the second day of November, 1874, whereat
the plaintiff, John C. Moncure, and the
defendant, Antoine Dubuclet, were candi-
dates Cor the said office, and that the said
| election was conducted in accordance with
! law, and at the close OF the polls on the
evening Of said day the ballots deposited
| by the suffragans of the State showed an
| actual count by the commissioners of
| election, according to law, that John C.
| MOncure had received for the Office of State
| Treasurer 1897 votes, and Antoine Dubu.
| clet had received for the office OF State
| Treasurer II ,O2l votes, by which count it
! appeared that John c. Moncure had re-
ceived a majority of 1895 OF the legal votes,
| and was thereby duly elected Treasurer of
| the State of Louisiana: that the various
| commissioners of election thereupOn made
| and certified their respective statements,
| showing the results at the various polls, ac-
| cording to law, which aggregated showed
| the aforesaid general results, and orwarded
| the same TO the different assistant
| supervisors of registration in order that
| they might be compiled by wards and par.
| ish according to law, and they in turn COM
| piled the same and forwarded the parish
| and ward returns, with few exceptions
hereinafter specially set forth, to the Re-
turning Board, composed of j. Madison
Wells, Thomas c. Anderson, Louis NJ
Kenner, G. Casanave, and whereof j.
Madison Wells was president, constituted
under the laws OF the State, to be by them
compiled for the State at large; whereupon
said board did assemble at New Orleans.
November II, 1874 and proceed 20 canvass
! and compile the same; that the assistant
supervisor of the parish of De Soto did
traudulently and for the purpose of defeat
ing the will Of the majority OF the voters of
said parish, as expressed at said election,
fail to forward the statements of the COM
misoners of the various polls of said
parish, together with the compilation
thereof, and the plaintiff herein, John
c. Moncure, did through his attorneys
cause the district clerk of said parish to
appear before the Returning Board with
the duplicate originals of SAID statements
provided by law, whereby it was shown
that said plaintiff, John G.. Moncure. did
receive 1913 majority of said votes; but that
said Returning Board refused to, and in
fact did not count said majority for said
petitioner, although said plaintiffs attorneys
did frequently protest against said action,
urged plaintiffs rights in the matter; that
the assistant supervisor of the parish of
Terreb bonne did fail to compile and forward
the returns of polls three, eight, ten and
eleven, because the statements of the votes
and tally sheets of said polls were by the
commissioners Of said polls deposited by
reason of error in the ballot boxes which
were lodged with the clerk of the district
court of said parish, and that plaintiffs
attorneys did procure an order OF court
whereby said returns were forwarded and
received by said Returning Board, whereby
it appeared, together with the polls already
returned, that the votes stood 1907 for An
tome Dubuclet and 1861 for John C. Mon
cure; but said Returning Board refused. in
violation of law, to count the said returns
from said polls. whereby John C. Moncure
tplainttf) was improperly deprived of 81
majority of the votes to which he was
entitled to by law; that in the parish of
Carroll, although plaintiffs attorneys con-
clusively showed that the returns before
said board were forged and altered, and in
no wise showed the correct statement of
votes cast in said parish and should have
been rejected in tOto said board did proceed
to count and promulgate the same, whereby
2202 votes were counted for Antoine Du-
buclet and pa were counted for John
C.. Moncure, whereas the whole vote
should have been rejected; that in
the parishes of Bienville, De Soto,
Grant and Winn said Returning Board
did contrary to law refuse to count any
returns at all from said parishes, although
in possession of the same, and in the pro
mitigation Of the result in the State omitted |
therefrOm the returns from said parishes. |
which last showed in the aggregate OF the |
four parishes 2S47 votes for John c. Mon
cure and 667 for Antoine Dubuclet by !
which Illegal action plaintiff John c Mon,
cure) was improperly deprived OF 2le0
majority to which he was entitled, and |
which should have been counted for him: |
that said Returning Board did on various !
frivolous pretexts reject the returns from |
the following polls OF various parishes, |
which showed the following result:
For MoncuIe. For Dubuclft |
Assumption, poll thrown out. i9o 81
Caddo polls l, 2, 3, 4, S, III, Il
and l3 thr own out. ......... 9ii -
iberia, poll thrown out....... gig i2'
Jackson, poll thrown out. 2'3 %
Lincoln, polls 3, 4 and thrown ..
out. oto -
Natchitoehes, polls and
thrown out ZSo ,
Rapides six polls thrown out. 55, ~
Red River, poll thrown out. ll9 45
Sabine poll thrown eut...... g -.
ST. TamInany, poll thrown out 40 -
Vote thrown OUT. BIB eii
M. =. .ha Evaroraap pOll in the narish