The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-12-06
Three White Men and One Oolored.
The Federal Grand Jury Indicts
Three Well Known Citizens.
Serious Charges OF Violations OF
Election Laws
They Wouldn't Let Judge Bigelow
Watch the Count.
Full Text OF the Law Upon Which the
Indictments Are Based-Two OF
the Parties Arrested
and Bailod.

Upon information furnished by Judge
]. L. Bgelow and J. NJ. Adams, indict-
ments were brought in late Monday after
noon by tho United States Grand
Jury, of which w. S. Bruce is tore
man, charging James Badnclli, re-
turning officer, and Clark Brewer, Bon
Feathentone (white), and Rip Hudson
(colored), Judges in tho late election, with
having violated the election laws. The
fact that indictments had been found was
not made public until yesterday the Gus
tom being to withhold information Of that
character until parties indicted have been
placed under arrest. The finding of the
indictments, however, leaked out yester-
day, before any arrests were made, and
was soon the talk Of the town. All sorts
OF exaggerated stories were sot ailoat a. TO
the nature o! the olrense charged, but in
vcstigation by an ArrRAL reporter
proves them 10 have been without
foundation. Tho indictments do not
alegc fraud or blllot-box smiiing, ms was
at first alleged but simply that Judge j.
T.. Biprlow, on the 9th OF last November
was refused admission 10 the room whore
the ballots were being counted. The
language OF the indictment Is as follows
That the accused "did wliuly and un-
lawfully refuse to allow one ]. r. Bigclow
10 be present and attend the counting OF
the ballots east at said election, the said
Bigelow then and there being an elcctor
who chose 10 be- present nj said counting,
and then and ihcro requested aud de-
mandcd Of said officers that he be- per-
mitic1 aud allowed 10 attend said count
ing as such clector."
Another count charges that defendants
"thcn aud there excluded him, the said
Bigylow, from the room In which the
counting Of said ballots was being made"
judge McCorry, when asked 10y un Ar
Pal reporter 10 point out the law upon
which the indictments wcru framed re-
fcrrcd him 10 Section l,OGS, Code OF Ten
nessec, and Section b,5l5, Revised Statutes
Of the United States.
THE STAIR LAW
reads as follows
Section Loss. When the election Is fin. |
ishcd the returning officer aud Judges !
shall, Ia the presence Of such Of the /
electors as may choose 20 attend, open the 4
box and read aloud the names ui the per- /
Sons which shall appear in each ballot; |
and the clerks at the same time shall \
number thc ballots, each clerk scpa- |
Etcly,
TIM UNITED STATES Law.
Section b.jl5. Every officer oi an cleo |
ton NJ which lny Representative or Dele |
ga'c tn Congcsa l. voted ipr, whether
such officer ol election Voc appointed ur
created by or under any law NJ authority
Of the United NlGp'. or 10y or under auy
State, Icrri0rid. district, ur muniripll
law ~ authority who urg'rris Or r.iiisrs |
"a perform any duty in rr1td Col such cipc- |
ton required " him hy any law Of tho |
United states. or oi any Stale or Territory
thereof. ~ who yiliotes any duty 10 im- /
posed " Who knowingly docs any acts |
Unauthorized, with intent 10 affect any |
such election. or ,hu RESULT thereof. OF who |
iuudulyuty makes any ilso certificates oi
Tie result oi such election In rcgard Ia
such Representative or Delegate. or who
wiihhulds concrals ur DESTROYS any crtiii.
cate of rrcord Hp required by law rspcrt-
ing the election ui any such Representa-
tive uf Delegate, az whJucaucis W. rJiusca
"a make aud return such vyuiucaiU us To-
qulrcd 10y law or Who aids cuunscls, pro-
cures, OF advises any voter. pcuon, OF uiii-
W W 40 Aul act ~ ihla ~ any ui thN
preceding sections made crime. or ~
omit 60 40 any duty the omission Of which
b by this of any Of such sections made
crime, o. attempt b. DO su shall be- pun
ishci as prescribed 100 Soctions 6.hlO, h.5tl.
Section 5,ili lxcs the penalty at a tine
OF not moro than 500. OF ly imprisonment
not more than three ycaul ur by both. nui
shall pay ihr costs Oi prosecution. ta,o
yesterday afternoon Deputy United states
Marshal smith arrested Zen frathcrton,
who promptly gave bond before United
States Commissioner J. %. Clough iu tho
sum % sjn0. with Grofgr Dunbar and
Daniel kunH ui Eurptics later in tho
day Deputy Marshal smith al-o arrested
Rip Hudson lc1loUdl. who also gave bond
in thc sum Of $500. with Bon Marsh aud
Henry Cullen ts surctICs. Roth Feather.
tiou and llulsln were promptly released
anil went about their bu Iur.s is Il moth.
ing bod occurred
w Ito O'Clock lnst night Mr. CLARK
Brewer Who was in thc city uD to that
hn1r, hai mot been nruHirl. Sir lturs
ha1in,.l b. in Arkansas, but s expected
back to-day
othDr indictments arr looked iur. aud
Tie luiuu proceedings oi The Grand Jury
vii. hH watched with absorbing interest.