The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-17
District Attorney Finney Replies to
the Herald Letter.
ACTION OF THE GRAND JURY
The Prosecution Begun in
January.
EXPECTATIONS OF THE BOURBONS
fBx TELEGRAPH TO TIE HERALD. ]

bx TELEGRAPH TO TIE HERALD.
NEW ORLEANS, July 1s, 1871
The Returning Board letter to the HERALD has
created the greatest excitement here, the officers
OF the court denying 1t in many particulars, and
will, 1t is thought, come out. District Attorney
Finney to-day prepared the following letter.
TO THK EDITOR OF THE HERALD =
beg leave to ask space In your paper to insert
the following in reply 10 letter sent to your paper
by the members OF the Returning Board In
regard. to the prosecution recently inst-
tuted against the members OF that late
body OF this State. Notwithstanding the
many and silly reports which have been circulated
throughout the country as 10 the motive which
actuates this prosecution | had made up my mind
neither to deny or approve any OF them. do not
think 1t will do however, to allow this communica
ton to pass unnotlced 1t is true that Mr. Wells
and his colleagues OF the Returning Board are
not being prosecuted for perjury and forg
cry but for 'uttering and publishing as
true certain altered, false, forged and counter
feited public record, this public record being the
original returns OF the election held on the eth OF
November, 1876. in the parish OF Vernon, OF this
State, entirely distinct offence, which is punish
able, however in the same way and to the same
extent
WHAT THE GRAND JURY DID,
1t is equally true that Mr.. Wells and his fellows
are not prosecuted upon basis Of an Indictment
or true bill found by the Grand Jury OF this parish
but upon an information plea by me as District At
torney upon the following recommendation
GRAND JURY Room, NEW ORLEANS June q, 1871.
The Grand Jury respectfully request that the Hon
the proper Information against j. Madison Wells,
Thomas q. Anderson, G. Cazenave and LOUIS w.
Vnnn 1har nf In In IA Rnfn Ia ri
perjury, forgery and altering the returns OF the
parish Of Vernon and other parishes OF the State
JOHN A. O'BRlEN Foreman Grand Jury.
This was handed to me on the day OF It's writing,
and as as possible thereafter prepared and
ON the 5th Of July following filed the information
upon which J. Madison Wells and his colleagues
must appear before the Superior Criminal Court OF
this parish for trial
WHO IS TO BLAMEg
AS to the delay in filing this information Wells
and his associates are more to blame than anybody
else. They and their creatures refused to recog-
niZe the Court its officers and the Grand Inquest Of
this parish when it was first begun, and
1t Is but now, when the authority OF the
State officials is no longer denied disputed that
Wells and his accused brothers so far submit, well
knowing, perhaps, the futilty OF resistance aA;to
recognize q capias placed in the hands OF our
criminal sheriff for execution. Unlike the
late Returning Board OF which Wells was
the presiding officer, the Superior Criminal
Court for the parish Orleans keeps secret
1Aes, and the late President OF the defunct Re.
turning Board well knows, his counsel was well
aware at the time when the Information which
causes much trouble was to be flled, and 1t may
be that Wells did not take advantage OF this
knowledge.
NOT PARTISAN PROSECUTION
take this opportunity to say that, SO far as
know. no one connected with either Of the late
contendng political parties In this State has had
the least concern or influence In the procuring OF
this prosecution. My method and design In this
Ii simply to bring guilty men to justice, as have
sworn to, and none shall escape punishment il |
can prevent II, and particularly for the perpetra-
ton Of as nigh crimes Wells and his accused fel-
lows are charged with Respectfully,
JOHN J. FINNEY, District Attorney.
THE PROSECUTION BEGUN IN JANUARY.
In addition to this. Mr.. Finney states that the
Judge of the court first charged the Grand Jury in
January last but no witnesses being at that time
obtanable, they being all in Washington
the whole thing lapsed. This was before
Mr. Hayes was declared President. When
the last Grand Jury was empaneed, In
April, this was taken up as Old business. Under
the instructions OF the Judge the original returns
OF Vernon parish give the democratic electors 700
majority and the Hayes electors two votes only
These original returns are now in the possession of
Mr. David Dudley Field, and were handed
him by Major Burke. The Vernon returns,
rs altered, give the republicans about IT'S
votes and the democrats 379 only, which was
proved by Littefeld the falsi1ed returns them
selves and the testimony OF Wells. The reason that
the Indictment was not made by the foreman OF the
Jury that 1t being special term Of the Court
under our law there might be doubt as to their
power. The jury, however, found the Indictment
and asked me to present it, which was done.
INSPIRED FROM NEW YORK.
In explanation of the Vernon returns and to the
part they played Major Burke states that the son
OF Ex-Governor Seymour, OF New York, came to
New Orleans twice In connection with the case,
and 1t was through him the matter was pushed
by advice OF David Dudley Field. Indeed. it
Is now stated in political circles the whole action
Is taken by advice from New York, and Is part of q
preconcerted plan to open the electoral question.
Major Burke lett last evening for the North, carry
Ing with him all the statutes, testimony, NC,
appertalnlng In any manner to the case,
and IL Is believed he went by request OF persons
closely connected with President Hayes. Indeed,
what was looked upon ut first as Of no great conse-
quence IL now loudly stated by the bourbon Gle
ment to be a vindication OF the election OF Mr..
Tiden, who, they claim, win yet take his seat