St. Landry democrat. (Opelousas, La.) 1878-1894, 1880-07-24

Thompson having been returned as elected by
the Recorder of the parish, acting as returning
officer OF election for that particular office,
Duson at once began proceedings to contest
the election.
In his petition of contest, which is supported
as the law requires, by petition of at least
twenty voters OF the parish, he charges several
Irregularities and ilegalities, which go to
invalidatc his opponents election, but he sub
sequently has abandoned all other grounds,
and appeal he relies exclusively on the follow
ing ground OF alleged nullity.
That tho votes cast at the third ward poll,
known the Leonvile precinct, were not
legally returned; i'll this, that on the day follow
ing the election the commissioner of that pol!
handed to the clerk Of the court, a document,
purporting to be their return from said poll
(Which we shall designate as No. y showing the
following vote for sheriff: Thompson 12S Duson
TO- Thatlater on the same day, the commissioners
illegally re opened the box which contained the
ballots cast at said poll, and which had been
locked, sealed and delivered by them as the
law required, to the clerk of the court and
took from said box, and the document, p,lr-
porting to be a return of the votes cast at said
Leonville box, another document, purportins
to be return of the votes cast at Lconville
box (Which document we shall designate as No.
q showing the following vote for sheriff
Thompson 164, Duson 81.
That by the Illegal addition OF document No.
2, as a return of votes, the result of the Whole
vote of the parish was changed to his dctri-
ment; the whole vote of the parish, including
the vote shown by document No. /, being as
follows: Duson 2914, Thompson 2s41, or a ma
jority of 70 for Duson
Plaintiff complains of the act of the returning
officer in receiving or compiling the second
document, purporting to be II return, and al
leges that written statement signed by the
commissioners on the Sth of December, in which
they certify that both documents or tally
sheets should be considered as a continuation
of the Leonville box, is a nullity and should
not be considered i'll the compilation of the
votes cast ut said election, and charges that
the compilation made by said returning officer
was erroneous, illegal, null and void. To this
petition the defendant Thompson answers. He
denies that the compiled statements originally
returned by the commissioners of election give
i, majority of votes to the plaintiff. He denies
that an amended return OF the election at the
Leonville poll was made. He denies that the
Recorder, in making his returns, either con-
sidered or used any amended return from that
poll.
He alleges that the recorder, in compiling
the returns of the votes cast at Leonville, took
into consideration and based his returns ex-
clusyely upon the original returns deposited
by the commissioners Of election at said pol, ,
with the clerk OF court and sheriff of the parish
thatsaid original returns consisted of two sheets
the other, though erroneously styled and
headed statement sheet, is i'll fact also a tally
sheet, and that the tallies Oh 5oth sheets must
be added together in order to ascertain the
total vote cast for sheriff, as well as the vote
for all other officers voted for at that poll, the
one being continuation of the other; that
such was the true intent and purpose of the
commissioners, as intrinsically shown by the
returns themselves, and by their explanatory
certificate, which plaintiff enormously styles
az, amended statement uf uotes that the com
missioners at said poll, from a want of knowl-
edge Of their duties, neither made nor returned
q statement of votes, but made and returned
only tally sheets, an error and omission of
frequent occurrence in this parish.
The case was tried by q special jury, who
after a protracted trial, found in favor of de-
fendant in verdict. which, for its unusual
style and novelty is reproduced in full:
1.-THE special jury cmpannelled in the above en-
titled suit, having in full view the great impo-
tance of the public interestinvolvedin this case,
and the sanctity of our oaths, and after fully and
conscientiously weighing the evidence elici-
ted, and the law applicable to the case, do find
that the m ijority of the good people of the par
ish of st. Landry did, on the I'd day of Deem
ber, 1879, cast their ballots for c. NJ. Thompson
for the office of sheriff OF the parish of ST. Lam
dry; and such being the ease, the said C. NJ.
Thompson is entitled to the said Office its
responsibilities, duties, privileges and emol.l-
ments.
Witness our hands, duly signed and endorsed
on the back of this verdict.
- 80 G. o. HUNDLEY, Foreman.
B. F. Hardesty, Deosiar May,
AcdOile FontenOt, ". A. SandOZ,
III. Fril0t, Martin Jones,
Edmond Sayant, Thos. D. Cooke,
Stephen Stuart.
From the Judgment rendered therein plaintiff
appealed. The record discloses the following
facts and incidents connected with the election
at the Leonville box and the manner of holding
the same, and of making returns thereon, and
which are not disputed by either party.
The election was not held by the three citizens
appointed as commissioners by the police jury
Rogers, Deiean and Robin,) but by F. C. Car
riere, Felix Boudreau and ]. D. Higginbotham
who were selected and sworn as such by one
| A. L. Durio, Justice OF the peace, at about I
| o'clock A. NJ, at which time the appointed com.
missioners had not yet made their appearance
and it being rumored that they would not act
| After the election was closed, the commits
sioners assisted by other citizens proceeded te
count the votes after which they went together
to the Courthouse at Opelousas, with the box
| and two duplicate tally sheets, one of which
| they delivered to the sheriff and the other te
the clerk. The duplicate which they handed
| to the clerk is the document designated as No
|, and it is written OH what is technically known
as a statement sheet, on which is a printed
statement, subscribed and sworn to by tht
/ commissioners, reciting in substance that tht
| votes tailed thereon are the rotes cast at tht
Leonyille precinct on the I'd of December, 1879
| for and against the ratification of the constitu
ton, for and against the State debt ordinance
for governor and other State officers and for al
parish and ward officers, which are therein
enumerated.
They arrived at the Courthouse ut about
o'clock r NJ, on the Sd of December, and deliv
cred this document and the box without delay
/ 4,,r;,,,. +ho alarb,s raneint for t1p same