The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-31
THE RETURNING BOARD TRIALS.
A DAY PASSED IN ARGUMENT ON TECHNICAL
POINT.

DAY PASSED IN ARGUMENT ON A TECHNICAL
POINT.
NEW ORLEANS, La, Jan. 80, ls1S
The trial OF Mr.. Anderson was resumed to-day. The
court room illcd with spectators. AT eleven
O'Clock the jury entered the took
their seats The clerk read the Information against
the prisoner. to which he had pleaded not guilty
kviDgScE
The first witness, W. H. smart being sworn for the
State, sadI am clerk OF the District Cour, OF Yer.
non parish; formerly deputy clerk; the docu.
ment shown contains my official signature; IT Is
election return.
Mr. Ray objected, as the document the latter speaks
OF Is tho original returns OF election signed by the
Supervisor of Election and Registration, when tho
document offered is the consolidated statement OF re-
turns, and under the law there such officer known
as the supervisor OF election and registration Mr.
Ray offered additional objection that the docu-
ment must have been signed by the Clerk OF tho
Court instead OF by the Deputy Clerk, and that. us
they arc charged with uttering forged document,
forgery must nrst be proved before uttering.
The Assistant Attorney General conteDded that he
did not purpose to set out fac-simile Of the document
presented The law does not require the document
be described accurately It was certified to by the
clerk that was sufficient.
Dir. Casellanos said the objection not 10
form but as to substance OF information.
Judge Whitaker SAID the objection was purely tcch
meal The Information could be amended under the
statutes.
EXCEPTIONS
Mr. Castellanos read II bill OF executions He said
he had been referred to section Loaf Of the Revised
Statues by the Attorney General TO the amend
ment OF information in forgery, like other
crimes. These were we'll settled rules. variance
between the Indictment and the offence always
fatal; also tho omission OF any words Tho document
alleged 10 be- forged IL defective IL not In form Ia sub
stance, ana the indictment Is null ana void
Attorney General ogden replied mat the Court was
right IN tue position IL took Originally he had pro-
posed under the statutes to amend tho indictments;
the rights OF tue defercc would not suffer by II. Tho
matter was 10 be decided by the sound discretion of
The Court.
Assistant Attorney General Ecan supported the allie
cations made 10 the Information and quoted several
authorities He also urged that tho variance not
niateral
Mr.. Castcanos objected to amending the iniorma-
ton, which, however, was overrulod and the District
Attorney amended the information by inserting tho
words "supcrvisor oil Registration instead OF
''Supcrvsor OF Election"
EVENING SESSION.
Al the evening Session Thomas Franklin, Super
visor OF Registration 10: Vernon parish, testified.
after identity ing returns shown him. TO the aitera-
lions made alter he had signed them: that only ut
poll No. were any republican votes cast, and there
them receiving none NJ all. Looking over returns
from poll No. the votes were altered IN giving each
Hayes elector 81 votes while they had
ut poll No. 81 votes were given Hayes electors wEc
they had received none. This was alter he had
signed the returns. In the consolidated returns Of
ull the votes cast in the rarish, where the
republican electors had received two votes, l7S
were gwen to Kellogg. Burch and Joseph, and $50 10
Marks, Sheldon, Joireron, Brewster and Levissee.
The democratic Electors had received CAT votes,
which was altered to 400 votes.
question as 10 whether the returns for other
officials had been altered opposed by the defence
as the charge was only Ia relation to electors for
President and Woo President The objection was
overrued and an exception taken.
At nine O'Clock the Court adjourned until to.mor-
row when tho witness will be called again.
There Is no news OF Ex-Governor VOLS.