The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-11-15
THE FIRST MOVE.
BONN g.. ROCHE CONTESTS THE EE.EC'
TEON or JOEzN n. Marley.

John q. Roche, q candidate for the office OF
eort,ner of the upper districts OF tne parish
and city OF New Orleans, filed petition III
4s,e Sixth District Court, alleging that he WIS
voted for by the legal and qualified eiecN't5
OF the districts, and that one John f. Marcy
was also o candidate for the Same oiloe III
opposition TO him.
Petitioner represents that the sald W ~
claims to have been elected by maIo Ivy w. %
votes, but petitioner believes I.s Tf Of the
state In view Of said returns hot n@ i;
seen made No to this time, petitioner, boey-
ing himself TO be the legally, I eees:' ''''>
date for the office Of coroner, Hl.tAti1 x>, :,
+ That the State Registrar tailed 10 cQ,lnply
with the law providing tor the appolnt!m.ont
of registrar OF voters ana &c, hs y, nioI
ton throughout the State, nnd more espec'''-
- in The upper districts Of New Orleans.
Q That The lists Of voters were fraudulently
altered and names OF legal voters erased seq
yrom tte gnid lists, and names OF persons not
untitled to register allowed TO remain on ths
voters lists, all of which to the number OF
76O, If cast at the respective polling places
would have been cast for petitioner.
8. That the registrar and clerks Of reglstra,,
tion did not extend facilities to the qualified
electors by registering their applications as
required by law. ,,.
kept open during the time required by law,
S. That names Of parties temporarily ap-
sent and who were known to be ta TO TO
Of those thought to be in favor Of John T.
Markey allowed to remain on the books;
6. That the election lay was opeyed1. , o1ly
partially and with ylo to , aeehs ea pe1'ttbb e
commissioners OF election refused to receive
ballots Of all the duly qualified electors OF ne
said upper districts known to vote Tor petl-
TONER Plaintiff alleges also that generally
throughout the upper districts bribery ana
corrupt influences were used to defeat him : 7,
and to present fair, free, peaceable, and full
registration and vote Of the voters or tne up
clerks of election failed to make out o. clear
and full statement Of the Same.
7. Tint In many instances more than one
vote was cast for Marley by the same per,
sons under fraudulent registration papers and
assumed names.
&. That many votes were fraudulentiy cast
for Marley within tho knowledge OF the
clerks Of registration and commissioners OF
election.
0. That several of the commissioners In the
wards instructed persons how to cast lraudl-
lent votes for Marley.
TO- That tho ballot-boxes in several OF the
precincts Of the swards, were stuffed by the
commissioners on behalf of the sold Markey,
and that they, in removing tho said ballots,
called the name of Marley when petitioner s
narnG Was on the ballots
ii II and 10. That they the commissioners
failed to convey the ballot-boxes TO inc
proper officers forthwith after the closing OF
The polls, and that several Of the polls were
not opened ut the places and time appointed
as required by law, and that the counts OF
the ballots were not made In accordance with
the election law, because petitioner was not
allowed to witness the counts, whilst John i
Marley was admitted.
H. That the registrar. clerks OF election,
commissioners Of the several precincts were
guilty OF ntiinidattng, bribing, and compell-
ing persons to vote against petitioner, such
persons not being entitled to vote.
IS, 1G. II. That the greater part OF the Ollie
lois was abusive to such an extent as to pre-
vent persons from voting; that their conduct
was o premeditated plan to prevent O. foil
vote being cast for petitioner, and that thf
said commissioners and clerks did not spe-
officially comply with the law governing
elections in this State.
BY reason of these facts proving frauds
and Irregularities as above set forth, tending
to defeat the true and free expression OF the
said upper districts, petitioner strenuouslJ
contests the claims and pretenslons OF the
said John T. Marley to the office of coroner
OF the upper districts.
Petitioner further represents that had moi
these frauds beeni2ommtted, + he result Of sale
election would have been different, and wout
have resulted in the election OF petitioner Il
the said office Of coroner. Petitioner claims
that he was duly elected to said office ut thu
general election held November 7, 1876 ant
that he holds q commission from the GovernO
emitting him to continue the exercise Of TIN
duties pertaining to the said office. Petitione
fears that the said Marley, without any law
FIJI right will modest and disturb petitioner il
the discharge Of his official duties as coroner
Wherefore petitioner prnys that in view 0
tho above facts and allegations, ana IN con
sldoratOn Of the wishes Of many residents o
the upper districts who have signed the salt
petition the court examine these matters ant
cite John +. Markoy to show cause Why're
titionrr should not be declared the properl.
elected coroner of the upper districts.