The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-24
TUECRlME OF THE CENTURY.
MIST ANDERSON FsCtPE THE JUST
pEN.iLIY FOR MS MfSDEEDs?


Tho Attorney .Generars riea for Hehenr-
,,u In Ills Case showing that he wns Ike
leased on Iii-Founded Conclusions of Law
A Case of vital Interest to the Country.
NEW ORLEANS March 23.--Thc Attorney
General filed yesterday brief for rc-hearing |
before the Supreme Court in the case OF the |
State against Anderson. This brief is ad-
dressed mainly to the points passed. upon in the |
Supreme Courts decision that the forged paper
WAS not public document. and thnt the infor-
rnntion failed to charge an offence against
pubic officer Appended are some extracts;
"A clear sense Of duty impels me to ASK nj
~our hands a reconsideration OF the grounds
upon which this case has bcen decided. MY
anxiety In regard TO the fate OF the prosecution
in this particular case will be realty unuer.
stood when your honors reflect that the real
contest here is for tho protection of the purity
NJ tho ballot box Not only in Louisiana. but in
the United States too much has passed in the
past years to shake the foundations OF cur civil
Freedom and | cannot but feel nm especial
anxiety rs public ofll er that in case OF such
interest this Court should rest its decision upon
no principle OF law in regard to the soundncss
of which there could be serious question
among candid. disinterested. and enlightened
iurlsts throughout the country.
''Thc Jury reached the conclusion that this
paper was record not only from what appeared
upon its face but from the proof OF several
witnesses that this particular document had
been reccivcdh by the Board of Returning Officers
es n record. acted upon by them as such. ialsi-
fed as such. and finally carried into their COM
piatons a. such. and made. with other docu-
ments OF the same kind the basis OF that Gigan-
tic fraud 10y which the voice of the people of
this great country was hushed and the
will of four men enthroned at Washing
ton II n document formidable enough
30 accomplish all this evil is not
record what is it 1t is useless to say that the
forgery Of these consolidated statements could
sause no injury. That forgery did cause great
md irrcparabe injury. 1t not only deprived
Individuals Of rights. but 1t actually overthrow
= Government which had been elected 10y the
people. All this the jury knew. hut you could
not know rs "A Court because. under the Con-
ttitution you cannot notice any matter OF fact
In criminal case: and from all this plainly
appears that this Court ought not 10 have inter-
tered with the finding OF the jury upon this
point 1t is not sufficient to say that the super
visors return was not the paper that the mem
bers Of the Returning Board were To principally
consider. or that II was not the best evidence.
but the paper was used. and the paper was
iraudulently altered and fasiiied that 1t might
Impose upon me public The paper was sue
sessfully used. II this was used. ~ conjunction
with other papers. 10 produce fraudulent re-
Iult in their count. and they returned upon its
evidence and forged it for that purpose 1t
makes n case Of forgery
"On the last point the point discussed in Mr.
RAYS brief which was filed without a service
upon us and never seen 10y Us until after the de-
csion had been rendered. We cannot well under
stand the position OF the Court Tho statute
under which this Information was filed says:
Whoever shall publish a false altered. or
forced public record "a There is nothing
said ahou, its being published 10y an officer in
hi-oflcial capac.ty the langunreis. whoever
any person who -nuil pui~sh.' J. nuith.- word
Whoever broad enough 10 cover this prisoner ;
J. not the pr -onorai lrasta whoey,ry But tho
Court -iy- t'.it THIS particular ufiou 'e-the lul b
lirntion of election returns. not have been
committed So as 90 iniure any one, except los
particular Ulcers in their official capacity Is
Tint true? Evidently il H. not Tho Indictment
Is sufli.o then. Oh lie face. II does charg" a