The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-23
REPORT OF THE GRAND JURY.
WHAT THEY SAY ABOUT THE J. MAD.
IsON WELLS LETTER.
An Interesting Document.

ISON WELLS LETTER.
An Interesting Document.
Judge Whitaker:
Hon; VIM. r. Whitaker. Judge of the Superior
Criminal Court:
Sir-On the .pineteshth Of last month letter
was published over the signature Of }. Madison
Wells, IN q newspaper called me L .na 10
GERS Of this court and other officials con nected
Urn he saH NET du,y to the commn
nifty and themselves to examine into me charges
referred to- ut least SO fur ns the oilcers OF ms
court are concerned. have done so 9 the best OF
report. to lay before you and tho public the re-
suit OF their IN" aath"r oi the
Grand juries have firmly and positively re-
fused to find atrue bill against me, at the high
upon information.' SO lar ,as this refusal Of
"Ss hs v Fs h asssr2 baIs
the case before them. The status quo was es-
tablished In Louisiana. by. order OF President
was not until the twenty sixth day OF the follow
Ing April that Gov. Nichols took possession of
tho State House, and the control of State
The first Grand Jury of the year 1877 was i'm
panneled on the eleventh OF J1;n I a nn
although they undertook 10 lDV8SLRHI6 inc ho-
turning Board. alleged frauds. they we're
stopped from doing 30 by the status quo and the
refusal Of MT. Emile Honor, then secretary Of
nize the authority # This honorable court, orr to
surrender to It certain papers connected with
the case and important to the pending issue.
We append correspondence:
SUPERIOR CRIMINAL COURT FOR THE PARISH OF
ORLEANS.
STATE OF LOUISIANA, PARISH OF ORLEANS
Thursday, February 1. 1877. J
Present: the Hon. VIM. r. Whitaker. Judge.
On motion OF John J, Flnney: District A'tor-
and upon suggesting to the court that Charles
8. Abel chief clet Of tAe Returning Officers Of
the state OF Louisiana and Emile more have
In their possession or custody, or under their
control. all the original returns made to said
Board Of Returning Officers OF the, results Of
the election held in this State, on the seventh
day Of / ovember last 1876. That for the pur-
poses OF the inve tigntion now pending before
the Grand Jury,of this parish # Is necessary
that all the original returns. statements and
livered and submitted to said Board Of Re'urn-
ing Ofacsrs OF the State. should be produced be-
fti s therefore ordered that Q. s. Abel and
Emile Honore do produce and have before the
tThursday February /, 1877 at o'clock .. M.
FL ne Prgnsl returns ~ rs r rom the several a9 par
s State "a the seventh day aye Of
and delivered or submitted to the aforesaid
Board Of Re urning Officers OF the State Of
papers and documents submitted to said board
and having any connection with satd election.
EXTRACT from the minutes. clerks office. Feb
P. GRAvOIS Assistant Clerk.
OFFICE OF SECRETARY OF STATE,
State Of Louisiana,
New Orleans February !. 1877.
Mr.. r. Gravois. Deputy Clerk:
Sir have received what purports to be an
order ORD issued this day Ia the name Of "; r;
s5 M Ges e Be- bsr %a ho q
ney, and signed by you as assistant clerk Of
said court. BY which order am called upon to
deposited in this Office. to wit: "All the original
returns. statements and documents OF any de-
scription Or Kind whatsoever, deliy.red or sub
It appears from the records Of the office OF
not been Commissioned as Judge OF the said
stoned as District Attorney Of the First Judicial
District. 1t also appears that neither OF said
gentlemen has taken or filed an oath OF office
IN this Office as BY lay reauirged re- must there
Or Mr.. Finney as District Atorney. This order d
Is equivalent to demand in behalf Of the So
called government OF Gen Nichols for the
which am the Legal sole custodian as Secretary
the United states ordering the United States
army to. preserve the peace and prevent any
aggressions by either the legal 3 ate govern
Mr. Nichols. and the persons recognized by
him. regard such an order and any attempt
to execute It as violating these INSTRUCT ms and
ard OF my action,
therefore decline to comply with the order.
''n' o. '''' '''D''t EM lie HoNoRE,
Secretary OF state.
The second Grand Jury Of that year, and
which was impanneled on the third, Of April;
n In INK n ltj IN hat
it was doubtful Il they could do more than rec
regular session OF the court was. at that time,
eight terms Of one month each, from October
to May 81. and there was DOUBT in the minds of
the legal fraternity whether the sessions of the
Grand Jury in June were legal. The Grand
Jury term was then fixed at thu go months; The
months slson Of hs Sny
ended. and special term Of the court had been
called under the law. Could the Grand Jury
should another be i'm paneled? The doubt led
the Grand Jury and the court to limit inyesti
cation to those cases that did not involve death
other case before the Grand Jury in June, 1877.
Whenever the GRAND Jury found reason to in
sist on the prosecution OF any one they recon-
mended that an information be fl ed, and on the
twenty-seventh day OF June recommended that
ale an information against J. Madison Wells ct
ais. and the information ecas filed. and the trial
resulted.
No other Grand Jury have investigated the
charges against the late Returning Board, nor
would 1t have been possible for five Of them to
have done go since the ninth of January. 1877 as
the. term Of each Grand Jury is three months. |
and there was neither Grand Jury or court In
session during the months of August and Sep
TENDER Of last year.
The next thing in the letter under considera-
ton Is the charge against your honor, and
which we have here inserted:
JUDGE WILLIAM R. WHITAKER.
He conspired to defraud the government of
the United States OF 900. with which he was
Entrusted as ASST tant Treasurer succeeded
in the conspiracy and stands indicted for the
felony.
ION the seventeenth day Of April 1877 a nolle |
prosedui was entered in the case. The cele- |
brated declaration of the Nichols government
was made about the same time the declaration !
that 1t was the purpose Of The government to
allay anxiety and discountenance al at |