The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-31
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that there was no Supervisor of Election. The
Supervisor. OF Registration is the same, and
as to what was meant, and every one WIS put
on his guard by an allegation like that made.
There was nothing left out in the indictment.
except the accidental one Of the description OF
Mr.. Egan followed, claiming the right to
amend
District Attorney Finney cited an author
ity.
the case under the laws of Louisiana and thai
he would defy all the gentlemen to say that 4
~ was unnecessary to set out all tho ingre.
dients OF forgery The statute has modified
setting out u fac smile of o document but
otherwise tho information must set out every
essential
TILE COURT HELD
that the evidence was admissible. the absence
Of q certificate being no bar to it's admission.
and that the amendment which tie State
asked to make was not to q matter OF sub
stance, and was, therefore, competent to bo
made, that the description In the information
was sufficient to give notice to the accused
The defense reserved a bill of exceptions.
TESTIMONY RESUMED.
The returns OF the commissioners Of ssven
polls we're filed In my office. Identifies re-
turns and tally sheet after examining theruJ
Does not reoollect the ratio Of colored and
white population J. in the parish. In 1879 the
The defense objected to parole evidence to
show the vote Of The parish.
The court decided that as documentary
evidence had been offered the parols was ad
missible to eTroborats.
Mr.. Ray objected to the Introduction Of
THE RETURN SHEETS,
as they had not been filed In the clerks oface.
Mr. Castelhn0s urged the question, and the
point was decided not well taken. The de-
fense reserved O bill.
trstz.
all others referring to the election, was de-
posted with witness as deputy clerk.
The State offered the original return Of poll
denee
The defense objected on the ground that d
conmissoner's return had nothing to do with
the charge OF publishing forged return, as
this was not the document itself
Mr.. Castellanos objected ON another ground,
and that was that the eattestatf0n was not made
before the competent authority.
Mr. Egan said that the paper WIS the re-
turn Of the commissioners OF election. H8
said that the paper was admissible for the
polled ut that place. The object was to show ex-
aGtly how many votes were poled ut certain
poll. No legal technicality could prevent tins
reception OF the document for the purpose OF
showing
WHAT THE VOTE WAS.
Judge Cullom maintained that the docu-
ment was not such as the election Law re-
auired He denied that the document was
such as the law intended in such eases.
Mr.. Egan said that the formalities did not
affect the admisslbility Of the paper, as II was
taken by an officer.
Mr.. Castellanos objected to the introduction
OF the paper because, further, the two part1ss
attesting it did not subscribe their capacity
the t. two ONE men we, were who signed The document
as commissioners. II the State did not prove
that, then the weight would not DO given ~
which otherwise would. Any paper throw
ing light upon the election and the number OF
votes cast ought TO be given and tins july
ought to have
ALL THE LIGHT POSSIBLE
In such case, but 1t must be connected by
other testimony. The objection waS over
ruled and defendants took q bill OF exceptions.
The court The grounds taken as stated 10
of exception, are exactly In accordance with
the facts, but not the law.
The court then took recess until b. IN.
HvEHrEe SESSION.
Shortly after o'clock Judge Whitaker called
the jury from their room and W. III. Smart
was called again to the stand. Being. shown
document, witness said It was etally sheet
Of poll No. ., ward 2, Vernon parish. John,
It, and he understood that they were acting as
commissioners Of election. They came 70
in the office of the District Court OF the parish
OF Vernon until the Congressional committee
came to the parish Of Natchitoches.
THH TALLY SHEET
was then offered in evidence
Never brought here any tally sheet for
poll No Q. Can't say whether there was any
tally sheet for poll No 8. Left some OF tho
tally sheets behind. Being shown document
says it is q tally sheet Of poll No. 81 The
names Of the commissioners on the document
are those Of poll NOT. Has only looked care
lessly over the paper; never examined It
closely Never saw any
ALTERATIONS IN TT.
Docs not know how No was written over
No 6 on the paper. Cannot swear to the sig
natures on the document.
Mr.. Ray stated that the law showed how
these commissioners should be appointed ,and
no parole evidence should be admitted To
prove who are the commissioners.
The Colirt-The law is merely directory re-
garding this. IL an affidavit can be made
showing that the appointment OF com missions
ers Ia a matter Of record then there might be
in the objection.
Mr. Ray-What we mean is, that IL the
were appointed there was 8
record OF it kept, and that was the best eyi-
dence
Nr. Castellanos stated that the document
purported to be signed by the three commis-
soners OF poll No. 8, sction precinct, parish
Of Vernon. Now, In o. 'er to
INTRODUCE THIS IN EVIDENCE.
it is incumbent on the State not only 10 show
that these three parties were the commission
ers, but that the correct signatures were at
fixed Witness cannot swear TO the genuine
ness of the signatures, as he has already
stated The testimony is clearly inadmissf-
ble The onms probandi does not fall on the
defense. The defense is not called upon to
furnish any record to show that these eommis-
sioners had their commissions recorded
Judge Cullom read the election law relative
to the appointment Of election commissioners
Mr.. Egan said that the return WAS an act OF
an officer of ITSELF One OF the returns goes to
the Returning Board and one to the clerk of
court.
The purpose Of the State was simply to
show that the commissioners named served
at poll No 9, and that what the poll sheet
stated was correctly written.
The Court-The question is not one as TO
the qualification Of the commissioners. ghe
law as read says that one commissioner may
appoint another, and these two third The