St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1917-10-20
JURY BRINGS IN
VERDICT FOR
LACROIX IN
CONTEST

Case Fought Hard By Both
Sides and Will Be
Appealed.
The contested election case came
up Friday of last week. The jury
panel was exhausted and some delay
was occasioned In summoning more
jurymen. Court was adj burned
from Saturday until tuesday morn
ing and occupied the entire time up
to Thursday about 4 p. M, when the
jury brought in a unanimous verdict
Tor Lacroix.
Judge Reid, Of Amite City, and A.
8. Burns we're counsel for plainti! i,
and A. D. Schwartz, r. ]. Hetutz
and ]. Monroe Simmons were coun-
sci for defense.
This case grew out OF the election
for mayor Of the town Of Covington,
in June. 1917. the candidates being
Robt. l.. Aubert, on the Citizens
ticket, and p. ]. Lacroix on the Reg
ular ticket, who was seeking re-
election. Preceding the election the
Citizens League brought suit to
purge the rolls, twenty-five names
beng submitted as not entitled to
registration as legal voters. The
cases came up before Judge Carter
and eleven names were stricken from
the rolls and eleven were decided to
be entitled to registration and the
privilege Of voting. The election
carried for Lacroix by three votes,
the vote being 164 to 167. Judge
Read was then employed to contest
the election on the ground that a
number of votes cast were illega.
and that several spoilt ballots were
counted that should not have been.
Judge Carter decided the case
should be tried by jury. The origi-
nal venire was soon exhausted.
Eight jurymen were obtained from
It. but one became i'll and was ex-
cused. The Judge then ordered q
list OF fifteen jurors drawn by the
sheriff and the clerk of court. and
that none of them be taken from
residents of Covington. because Of
the publicity the matter had receiv-
ed here and the difficulty Of obtain
ing Jurors vino had not formed an
opinion or who had not taken part
in the election. At the time the
new jury list was drawn there were
no challenges left.
Tuesday morning = full jury wa,s
obtained and the case proceeded.
There were q large number of wit
nesses summoned and their exam1-
nation consumed the day.
An important ruling of the Court
was made in the matter OF contest
ing the votes Of A. Guyol. Alfred
Rhody and Wade Burns, whom the
Judge had decided were qualified
were qualified voters, in the suit OF
the Citizens League to have them
purged from the rolls, and which suit
was appealed to the Supreme Court
and is now pending. Defendant =
exception of res judicata in these
cases was sustained by the Court,
who decided they could not be At
tackled in this suit. as their status
had already been attacked In this
court.
Plaintiff attacked the vote OF C..
A. r. Fisher and Jos. Federico on
the ground that they were not nat
uralized citizens, but the judge rul-
ed, ON exception, that these votes
should have been challenged at the
time Of voting or that a suit must be
to have the names purged
from he rolls. Defendant counsel
read Q decision Of the Supreme Court
supporting this position, although a
previous decision from the same
court seemed In conflict. The later
decision was accepted.
In the case Of E. ]. Memory 1t was
proven that he was not OF age, Dotn
by his own testimony and his birth
certificate.
Edward Abad;e's vote was con-
tested by plaintiff on the ground
that he had been convicted OF a
felony. The law declaring that any
one convicted Of . felony and not
subsequently pardoned with the res
toration of the right of franchise.
was not entitled to vote was read
to the jury. Defendant counsel
argued that the suspension OF SEN
tence gave this right. This was de-
MED by plaintiffs counse, and by the
Court.
Mr.. Lamar, e. G. DelCorral, w.
Schumacher, Morris Lloyd, were de-
clared by plaintiff to he nonresidents,
having removed permanently from
Covington beforesuthe election. De-
eondnu< nlainnod NDlAt an they had not
been absent six months, under the
law they still had, the right to vote.
Plaintiff maintained that here was
evident intention of = change OF
domici.e and that they further show
ed this intention BY not having re-
turned to Covin9tQn.
(osnsiassd S1seass >