The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-26
RETURNING BOARD.

eaten foe Transfer 90 Waited state
Gear, Denisd-Faiiing 10 Appeai
Their H0nds are Forfeited ANA WTiI
for Their arrest Issued.
NEW ORLEANS, January 25,-Argu
ment for the transfer 10 the Unite,
States circuit court Of the case agalns
J.. Madison Wells, Thomas O. Alder
son, Louis NJ, Kenner aud Gardef,
Casslnaye, members OF the returning
board, indicted for forging aud alter
Ing the returns Of Vernon parish, wal
closed yesterday evening and taken by
the court under adylsement
To-day, Judge Whitaker delivered
his decision, Of which the following I,
an abstract, The petitioners ask for u
transfer OF Information, minutes, etc
In the case to the United States circuit
court, alleging, iirst, that they can't
enforce In this court the rights given
them by the constitution OF this state
add that Of the United States second
that under the civil rights act they are
entitled to n fair trial by jury, and be-
lieye that rights viii be denied them
In this court; third, that act No. 90 OF
1874 Is entitled to operate In favor oI
whites against the oolored, thereby dc
priving Kenner and Casslnave, both
colored, ola trial by their peers, and
that this act IL uncop stltutional.
Judge Whitaker took up each poln I
separately, read decisions Of the State
supreme court and OF the United States
supreme court, and quoted from the
constitution Of the United States. He
said, "Were Il transfer granted In tins
case, every party indicted before this
court would ask for removal, and the
United States courts would be crowded
with such cases." Judge Whitaker
came 10 the conclusion TO maintain
hia jurisdiction aud denied the transfer
thereof.
The motion for commission to take
the evidence Of witnesses residing outs
side Of the state was argued. The de-
Tense argued that the evidence of lrn
n. Clifford, Davenport, Iowa Il. w.
Eaton, of Princeton, Bureau county +,
Illinois, lsidore Mccormick, Mobile,
and ex-Govern or John M. Palmer, Of
Springfield, Illinois, ia material to
prove their innocence, and that they
could not without II proceed to trial
An affidavit to that effect, made before
United States Commissioner Lane by
the four accused, WAS read, and after
argument was also denied.
The attorney general then moved
for severance in the case and that
the case of Wells be tried first, this
right would deprive the accused of their
OF forty-eight peremptory challenges,
leaving only twelve. The motion
was taken under advisement until six
O'clock this afternoon.
At that hour, when the case was call.
ed, none of the accused who, had been
absent during the day, were present.
The Encouragement had them called,
and also their securities. No respon
ses. John Ray, council for defense,
notified the court that after the deci-
sion rendered this afternoon, they hsd
applied for writ of certiOrdyi to the
United States circuit court, that tn @
court wished to hear argument, and
the case had been fixed for eleven
o'clock tomorrow.
The Encouragement answered that
the state had nothing to do with that,
and moved that the board of the &C.
cused be forfeited, judgement nizi be
entered and atlas capidSes be issued
for the arrest of the four accused. Judge
Whitaker stated that this court would
not be triiled with, that the counsel
were notified at noon, that the case
would be called at six o'clock, and
ought to have the accused here. The
bonds were declared forfeited, judge
ment nizi entered and cdpiases issued
for the arrest of the accused, and they
to be detained until they can furnish
new bonds In the former amounts.