The Donaldsonville chief., 1911-12-02
CANTEY WINS OUT.

Prmary-Interestin Testimony
/ Adduced at Trial of Mandamus
Suit.
The mandamus proceedings lnStl-
tuted by D. Oliver CanIey to compel
the Democratic Executive Commlttee
of Ascension parish to accept MS
declaration Of intention as candl-
date for constable of the sixth ward,
and to place his name as such On
the official ballot to be used in the
Democratic primary election CT Jan.
90, 1912, came up for hearing in the
district court last Monday morning
before Judge Paul Leche.
Attorneys E. N. Pugh and Walter
Lemann appeared for the relator, Mr..
Cantey, and conducted the case in
his behalf
The Democratic Committee was not
represented by council, and Henry
C. Braud, its chairman, stated that
neither he nor the committee had
any statement to make or testimony
to offer, further than the formal an
! sWer to Mr. Cantey's allegations filed
by Mr.. Braud. This document was
handed to the clerk Of court shortly
after the case had been opened, Mr..
Braud, whose residence is at Burn
side, not having arrived at the court
house until after the hour set for
the hearing In his answer Mr.. Braud
states that on Saturday, the 2Sth
day Of October, 1911, he was in his
office, in the Houmas store of the
Miles Planting Co., Ltd, at Burnside,
until $50 O'Clock p. M; that his
usual hour to retire is between $3.50
and 10 o'clock p. NJ; that he left his
said office between the hours OF
$50 and 10 O'Clock and went to his
home, 800 feet from the store; that,
after he had reached his home, as
is his usual habit, he retired and
went to bed; that some time there
after, about II o'clock, when relator
was in bed, his sister, Miss Llse
Braud, who resides with respondent,
called him and stated that a Mr..
Causey was in the public road call
ing for respondent, desiring to see
him on some business; that respond
ent then replied to his sister that
he was in bed, and refused to meet
Mr. Causey; that on the next morn
ing, Sunday, Oct. %, P. L. Thibodaux,
one of the clerks at the Houmas
store, handed to respondent an en-
velope containing the application of
David Oliver Cantey, announcing his
candidacy for the position of consta-
Bile for the sixth ward of the parish
of Ascension
Mr. Braud specially denied, that
he, at any time prior to or before
the morning of the 29th Of October,
refused or declined to receive the
notification of intention of Mr.. Cantey
10 become a candidate for the Of
flee of constable Of the sixth ward
of the parish Of Ascension. He fur
ther specially denied that he refused
to appear when called for the nur-
pose of receiving the said written
\ notification OF intention of Mr..
, Cantey.
Further answering the allegations
! + in Mr.. Cantey's petition, Mr.. Braud
asserted that no notification of in
tention to become a candidate on
the part of Mr.. Cantey was handed
f to him before the morning CT Oct.
| 80, and that it was then handed to
: him by Mr. Thibodaux; that at no
| time prior thereto did he know or
/ have reasons to believe that Mr..
r Cantey would be candidate for
| The office OF constable of the sixth
| ward; that the only knowledge he
had of any one coming to his home
] during the night Of Oct. % is de-
rived from his sister, who stated to
: him that a man by the name of eau
/, Sey wished to see him
, With this answer and denial of the
=, various allegations contained in Mr..
:: Cantcy's petition, Mr.. Braud, on be-
: half CT the Democratic Parish Com
7 mittee, submitted the whole matter
to the court for action.
The first witness called was David
Oliver Cantey, who stated that, in
7 company with a friend Severin
Braud, he had driven to Burnside
the night Of Oct %, and, arriving
there about 10:45 O'clock, had pro
; tceeded to the Houmas store of the
: Miles Planting Company, where Mr.
Braud has his office, and there call
: ed for Mr.. Braud Receiving no
answer, Mr.. Cantey testified that he
: and SEVERN Braud had then pro,
caeded to Mr.. Braud's residence
about 900 feet from the store, and
called for Mr. Braud; that a door
: was opened, apparently in the sec
! ond story Of the dwelling, and a
Z lady answered, asking who was
l fh5rc and what was wanted. Mr.
$ Cantey says he replied, 4 am Mr.
}. Cantey, from barrow, and | wish tc
see Mr. Braud / have some valu-
: able papers I wish to file with him
: before midnight. He asserts that
: both he and his friend heard the
:. lady repeat this message to some
J one inside the house. After short
! interval, the lady, according to Mr.
I Cantey, replied to him that Mr.
! 5raud had retired and did not in
I tend to get up at that hour. The wit
T ness then stated to the lady that il
q would not be necessary for Mr.
Braud to get up, asking her if he
) couldn't leave the paners on the gal
6 lery Of the house, and wouldn't she
! come down and get them later. Re