REPORT.

NEW ORLEANS, February 2, 1875.

To the Honorable Speaker and Members of the House of Representatives:

GENTLEMEN—Your Committee in the contested election case of the Third Ward, parish of Orleans, Charles Montaldo v. C. L. Walker, beg leave to submit the following report.

That the evidence received shows these facts, to wit:

First—That the Democrats had two thousand registration papers signed in blank by Dan. A. Rose, Assistant Supervisor of Registration for said ward, and that one hundred men, who having been imported by them to said ward from McComb City, Miss., were present on the day of election, and to each of whom fifteen of these illegal registration certificates had been issued, thereby enabling each of them to vote, and did vote at each of the fifteen voting places in said ward, making one thousand five hundred illegal votes cast.

Second—That the total registration of said Third Ward was six thousand. Of these, three thousand were colored and four hundred and fifty white Republicans, making a total registered Republican vote of three thousand four hundred and fifty, or a majority of nine hundred for Mr. Montaldo, the Republican candidate.

Third—That at every poll in said ward, save two, the White Leaguers had companies stationed, who intimidated and drove Republican voters from the polls.

Fourth—That the intimidation and fraud on the part of the White Leaguers was so great that at polls where heretofore the Democratic vote was only forty or fifty, they now claim a majority.

From the evidence before them (and that this ward has always been largely Republican) your committee is satisfied that with a fair and peaceable election the Republican candidate, Mr. Montaldo, would have been elected over his opponent by a large majority.

We therefore recommend that your honorable body take such steps in the matter as you may think proper.

Respectfully submitted,

W. G. LANE, Chairman.

G. H. HILL.

P. JONES YORKE.

L. W. BAKER.

H. RABY.

05496

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5

Personally appeared Louis W. Smith, who being duly sworn doth depose and say: That he is a duly qualified registered elector of the Third Election Precinct, parish of Orleans; that he was at Poll No. 5 on the day of election, the second day of November, 1874, and that he is convinced that a large number of colored Republicans of the third ward were intimidated by threats of discharge from employment and proscription in business, particularly at said poll No. 5, and that the effect of said threats and intimidation was to cause many colored Republicans to vote the Democratic and Conservative ticket against their will, and that said intimidation and threats deterred a large number of colored Republicans from voting the Republican ticket, and that the effect of said threats and intimidation was such as to materially change the result of said election; that if no intimidation or threats, and other unlawful influences had been used by the Democrat or Conservatives, this deponent verily believes that the Republican ticket of the Third Election Precinct, parish of Orleans, would have been elected by a large majority.

LOUIS W. SMITH.

Sworn to and subscribed before me this seventh of November, 1874.

CHARLES A. BAQUIE,
Clerk Third District Court, Parish of Orleans.

STATE OF LOUISIANA, PARISH OF ORLEANS, CITY OF NEW ORLEANS.

Personally came and appeared William Mannersfield, who being duly sworn, doth depose and say that he was a peace officer, duly appointed at Poll No. 2, No. 55 Delta street, between Lafayette and Poydras streets, on the second day of November, 1874, the day of election; that the lives of the Commissioners of Election who were appointed by the Republican Supervisor, were threatened by a body of white men representing the Democratic or Conservative party, and were intimidated to that extent, that they dare not say or oppose anything which said body of men opposed; that a large number of colored Republicans were compelled by threats of discharge from employment, to vote the Democratic and Conservative ticket on said day of election; that said threats and intimidation materially changed the result of said election; that had not the Democratic or Con-

servative party used the threats and other unlawful means, the Republicans of the Third Election Precinct would have carried said election in said Third Election Precinct, parish of Orleans, by a large majority.

WILLIAM MANNERSFIELD.

Sworn to and subscribed before me, this seventh day of November, 1874.

Personally came and appeared the undersigned authority, Alfred Hubbard, who being duly sworn, doth depose and say that he is a duly registered and qualified elector of the Third Election Precinct, parish of Orleans; that from six o'clock A. M. to six o'clock P. M., on the second day of November, 1874, the day of election, your affiant visited all the polls in said Third Election Precinct in said parish, and found a body of white men at all the polls in large numbers that threatened and intimidated colored Republicans by challenging them as to residence. Two of them would escort the said colored man challenged to his residence, and in many cases said colored man, on his return to cast his ballot, would have a Democratic ticket in his hands in the place of the Republican ticket he had when first going to the poll. Your affiant further swears that he used every means to induce the colored Republicans to go to the polls and vote. Your affiant went from house to house in said ward, where he has a large number of acquaintances, and they in a great many instances would refuse to go the polls through fear; that said colored Republicans were deterred from voting on account of threats of being discharged from employment, and in many cases some of them were compelled to give their employer his registration certificate in order to remain in their employ. Your affiant further states that had not such threats and intimidation been used by the Democratic party, the Republican ticket of the Third Election Precinct, parish of Orleans, would have been elected by a large majority.

his

ALFRED M. HUBBARD.

mark.

Witnesses to mark: MARSHALL FRANCIS, M. BURTON.

6

Personally came and appeared Edmund Alexis, who being duly sworn, doth depose and say that he resides at No. 218 Perdido street, in the Third Election Precinct, parish of Orleans, a duly registered and qualified elector therein; that he visited on the day of election, November 2, 1874, all the polls in said precinct; that a large number of colored Republicans in said precinct were intimidated by threats of being discharged from employment and proscription in business; and that the effect of such intimidation was to cause colored Republicans to vote the Democratic ticket against their will, and that said threats and intimidation deterred a large number of colored Republicans from voting the Republican ticket, and that the effect of said threats and intimidation was such as to materially change the result of said election; that if no such threats or intimidation had been used by the Democratic or Conservative party, your deponent verily believes the Republican ticket of the Third Election Precinct would have been elected by a large majority.

E. ALEXIS.

Sworn to and subscribed before me, this fifth day of November, 1874.

Personally came and appeared Charles Lemons, who being duly sworn doth depose and say that on the second day of November, 1874, the day of the election, he was a table keeper at poll No. 5, on Perdido street, near St. Charles; that a large number of white men was congregated at said poll as though organized; that colored men, when they came to said poll to cast their ballot, said white men would threaten the said colored men with discharge from employment; that on two occasions the Republican ticket was forcibly taken from colored men and the Democratic ticket put in their hands and made to vote it against their will; your deponent objected to such proceedings, when he was compelled by said white men to hush up and ordered away from said polls; no Republican

7

ticket could remain on the table as said white men would destroy them; your deponent tried to ascertain their names but no one would inform him, but in a very abrupt manner was answered, "What is it your business?"

Your deponent further swears that the effect of said intimidation deterred a large number of colored Republicans from casting their vote for the Republican ticket; that had not said white men, representing the Democratic or Conservative ticket, used said threats and intimidation, your deponent verily believes that the Republican ticket at said poll, Third Election Precinct, would have received a majority of the votes cast.

CHARLES LEMONS.

Sworn to and subscribed before me this seventh day of November, 1874.

Personally appeared before me the undersigned authority, a citizen of the United States and State of Louisiana, a resident of the parish of Orleans, D. C. Starks, who being duly sworn, deposes and says that he was a Commissioner of Election at Poll 13 in the Third Election Precinct of said parish; that he witnessed the arbitrary conduct of the Conservative United States Supervisor of Election at said poll in challenging the vote of colored men, and sending peace officers and other parties to their residences to identify them; that a great deal of time was lost to the voters, who for the most did not return to the poll; that Company C of the White League was in attendance the whole day at the said poll, and that the action of the Supervisor aforesaid was partial, as he did not take the same action in regard to white men.

8

Personally appeared before me John Reynolds, who being duly sworn says: That he was a peace officer in the third election precinct in this parish; that at poll No. 10 in said precinct, whenever a voter would appear at the said poll the Democratic peace officers would challenge their votes whenever they saw the Republican ticket in their hands, and place every impediment in his way to prevent their voting by sending peace officers and citizens to identify the man and his residence; that such obstructions were only made to colored men, and white men were allowed to vote without questions; that one T. Reilly, a white Democrat, was permitted to vote on a certificate of registration torn to pieces; that the lives of the commissioners and colored men were in imminent danger at said poll. The white men were threatening to throw the negro supervisor out of the window; that at poll 12 colored men were stopped at one block from the polls by armed bodies of white men, preventing them to pass and reach the poll unless they promised to vote the Democratic ticket; that at Poll No. 15 he went to the poll with John H. Wood, a colored man, in a wagon, and was present when his ticket was taken from his hand and destroyed; that he, the said Wood, was ordered away from said poll, and was given five minutes to leave the place; he left, and was chased away two or three blocks from the poll.

JOHN REYNOLDS.

Sworn to and subscribed before me this fifth day of November, 1874.

CHARLES A. BÀQUIE,

Personally appeared before me the undersigned authority, J. S. Bean, who being duly sworn, deposes and says that he was a United State Supervisor of Election at Poll No. 5 in the Third Election Precinct; that at said poll on election day several colored men were conducted to the polls, and there induced to vote the Democratic ticket by white men, who would remain by their side until they had

9

voted. Afliant further states that he protested against this action on the part of the Democrats, but no notice was taken of said protest. Afliant further states that he firmly believes that had no intimidation been used as aforesaid these colored men would have voted the Republican ticket on said day at said poll.

Personally came and appeared L. D. Herbert and Charles Williams, who being duly sworn, each for himself, say that they are qualified registered electors of the Third Election Precinct, parish of Orleans; that on the second day of November, 1874, the day of election, your deponents say they were at Poll No. 13, on said day, and that colored men presented themselves at the said poll to cast their ballots and were challenged by the Democratic Commissioners, and after the majority of said Commissioners had decided under section 29 of the election law of the session of 1874, there was an organized body of white men, supposed to be White Leaguers; a command was given for Company C to fall in, in the street opposite said polling place, thereby compelling colored voters to leave said poll for fear of their lives being in danger, and said organization was in complete possession of the polling place, and by public threats and demonstrations deterred Republicans from voting; that if no intimidation or threats had been used by the Democratic or Conservative party, your deponents yerily believe that the Republican ticket of said Third Election Precinct, parish of Orleans, would have been elected by a large majority.

L. D. HERBERT,
CHARLES WILLIAMS.

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Personally came and appeared Charles Lyons, who being duly sworn doth depose and say that he was duly appointed a peace officer at Poll No. 5, on Perdido street, near St. Charles; that on said election day, the second day of November, 1874, he was at said Poll No. 5, Third Election Precinct, and that threats and intimidation was used by a body of men representing the Democratic or Conservative party at said poll to such an extent that colored Republicans were prevented from voting the Republican ticket at said poll.

Your deponent further says that colored men were brought to said poll by their employers and forced, by threats of discharge from employment, to vote the Democratic ticket against their will. That if said threats and intimidation had not been used by the Democrats and Conservatives the Republican ticket of said Third Election Precinct, parish of Orleans, would have been elected by a large majority.

CHARLES LYONS.

Personally came and appeared P. L. Raymond who, being duly sworn doth depose and say: that he resides at No 143 Perdido street in the Third Election Precinct, parish of Orleans; that he is a qualified elector in said precinct, that he is convinced that a large number of colored Republicans of the third election precinct, were intimidated by threats of being discharged from employment and prescription in business and that the effect of said threats and intimidation was to cause many colored Republicans to vote the Democratic ticket against their will and that said intimidation and threats deterred a large number of colored Republicans from voting the Republican ticket, and that the effect of said threats and intimidation was such as to materially change the result of said election. That if no such threats and intimidations and other unlawful means had

11

been used by the Democratic party, this deponent verily believes that the Republican ticket would have been elected in said Third Election Precinct, parish of Orleans, by a large majority.

Personally came and appeared W. S. Johnson, who being duly sworn, doth depose and say that he resides at No. 94 Claiborne street, in the First District of this city and parish, Third Representative District, and that he is a bona fide elector of said district, and duly registered therein; that on the second day of November, 1874, the day of election, he was appointed table keeper at Poll No. 10, on Claiborne street, between Common and Palmyra streets, and that parties representing the Democratic party continually destroyed all Republican tickets around the polls on said election day, and every colored man who was supposed to vote the Republican ticket was prevented from so doing by a large body of men who intimidated said voters; and further, that had there not been any undue influences used towards the colored men on that day, there would have been a large Republican vote polled at said polls.

WILLIAM S. JOHNSON.

Personally came and appeared Joseph H. Brink, who being duly sworn says that he was present at Poll No. 1, No. 451 Tchoupitoulas street, between Poydras and Natchez streets, on the day of election, the second day of November, 1874; that at said poll there was

12

organized a body of men representing the Democratic or Conservative interests who destroyed each and every Republican ticket that came to sight at said poll; and that colored men who came to said poll to cast their ballots were, before reaching said poll, stopped and given from one to four dollars each to vote the Democratic or Conservative ticket, and a certificate that employment would be given them for the balance of the year; your deponent says that he was intimidated and afraid to perform his duty as a Republican and a lawful, qualified elector of said Third Election Precinct, as a body of white men was present who would use every means in their power to deter colored Republicans from voting the Republican ticket, and I am convinced that a large number of colored Republicans of the Third Ward were intimidated by threats of discharge from employment and proscription of business, and that the effect of said threats and intimidation was to cause many Republicans to vote the Democratic ticket against their will, and that said threats and intimidation deterred a great number of colored Republicans from voting the Republican ticket; that the effect of said threats and intimidation was such as to materially change the result of said election; that if no intimidation or threats and other unlawful influences had been used by the Democratic or Conservative party the Republican ticket would have been elected by a large majority.

JOSEPH H. BRINCK.

Personally came and appeared before me the undersigned authority, Manuel Smith, who being duly sworn doth depose and say: that he is a duly registered and qualified elector of the Third Election Precinct, parish of Orleans; that he was employed at the Jackson Press as a laborer and that he has been in the employ of said place for about four years; that on or about Tuesday, the twenty-sixth day of October, 1874, Emilio O'Brien, Esq., approached me and said that I must vote the Democratic ticket on the day of election, November 2, 1874, or that I could not work for him any longer. He again

13

approached me on Saturday, the thirty-first day of October, 1874, and asked me what I was going to do about my vote on election day; I replied that I was going to vote my own way. Whereupon, the said O'Brien said that I must give my registration certificate to Mr. Baker or go to the polls with him on the second day of November, 1874, the day of election and vote his way; I said I would not do it; the said O'Brien then and there discharged me from his employ.

I am convinced that I was discharged for no other reason than that mentioned above; that a number of colored Republicans were threatened by discharge from employment if they did not vote the Democratic or Conservative ticket; that said threats and intimidation deterred many Republicans from voting the Republican ticket.

his

MANUEL M SMITH.

mark.

Witness mark: GEORGE C. MASON, NELSON REFTON.

Personally appeared before me Louis Lawes, who being duly sworn deposes and says: That on election day, viz., November 2, 1874, numerous persons representing the Democratic party would stop colored men and induce them by paying them money to vote the Democratic ticket, and destroying their Republican ticket.

The above took place at poll number "one," on Tehoupitoulas street near Natchez. The affiant further swears, that had not threats, inducements, and intimidation been used, the Republican ticket would have received a large majority; that all sorts of means were used and employed for the purpose of intimidating colored men from voting the Republican ticket.

LOUIS LAWES.

I concur with Mr. Louis Lawes in relation with statements mentioned above.
M. C. OLIVER.

14

Personally came and appeared Moses Kellum and Louis Lawes, who being duly sworn, each for himself, doth depose and say that he was appointed on the second day of November, 1874, at Poll No. 2. No. 55 Delta street, as peace officer; that he is a qualified elector of the Third Election Precinct, parish of Orleans; that on said day colored men came to said poll, and when they proposed to vote, they were threatened by a large organized body of men that they would not get employment on the love if they did not vote the Democratic ticket; and I am convinced that a large number of colored men, Republicans of the Third Ward, were intimidated by threats of being discharged from employment and proscription in business; and that the effect of said threats and intimidation was to cause a large number of colored Republicans to vote the Democratic ticket against their will; and that said threats and intimidation deterred a large number of Republicans from voting the Republican ticket; and that the effect of said threats and intimidation was such as to materially change the result of said election; that if no intimidation and threats and other unlawful influences had been used by the Democratic or Conservative party, this deponent verily believes the Republican ticket of the Third Election Precinct, parish of Orleans, would have been elected by a large majority.

### MOSES KELLUM:

Personally came and appeared Leon Johnson, who being duly sworn doth depose and say that he is a qualified registered elector of the Third Election Precinct; that he was appointed a peace officer at Poll No. 5, Third Election Precinct, parish of Orleans, on the day of election, the second day of November, 1874, and that colored men were compelled to vote the Democratic ticket at said poll, by threats of being discharged from employment; that colored

15

Republicans were deterred from voting the Republican ticket by threats and intimidation of personal violence to them, and that the cause of said threats and intimidation caused such change as to materially alter the result of said election in said Third Precinct, parish of Orleans; that if no intimidation or unlawful influences had been used by the Democrats or Conservatives, that the Republican ticket of the Third Election Precinct, parish of Orleans, would have been elected by a large majority.

LEON JOHNSON,

CHARLES A. BAQUIE,
Clerk Third District Court, parish of Orleans.

Personally appeared before me, the undersigned authority, Perry Gustus, of the State of Louisiana and a resident of the Third Election Precinct, in the parish of Orleans, who being duly sworn deposes and says I have been employed as laborer in the Jackson Cotton Press for the last four years; a few days before the election, on the Wednesday morning preceding, Mr. Emile O'Brien, the proprietor of the press, told me and all the colored laborers in the press that we would have to bring our registration papers to him and go to the poll and vote with him on election day; he further stated that if we did not do so that he would have no further use for our services in the press; we all refused to comply with his orders; on Saturday night he again repeated his orders, and told us to bring the papers to him on the next day, Sunday, early in the morning or on Monday morning; we did not comply with his orders and were all discharged.

his
PERRY K. GUSTUS.
mark

Witnessed mark: WILLIAM F. B. SCOTT, VINCENT ASBURY.

W. M. Harris being duly sworn, deposes and says I have been employed in the Jackson Cotton Press for the last thirty-five years and know the above to be a true and correct statement of what

16

occurred in the press yard in relation to the colored people. I have
myself been discharged for the same reasons.

WILLIAM HARRIS.

Sworn to and subscribed before me this seventh November, 1874,

CHARLES A. BAQUIE,

To the Honorable Speaker and Members of the House of Representatives, State
of Louisiana:

Your petitioners respectfully represent that at a general election
held on the second day of November, 1874, your petitioners were
the regular nominees of the Republican party for Representatives
of the Third Election Precinct, parish of Orleans; that Messrs. W.
B. Koontz, Charles Byrne, C. C. Walker and A. Gilmore were the
Conservative candidates at said election, and now claiming to repre-
sent the Third Representative District, parish of Orleans, are not
entitled to and have not been elected legally to seats in the General
Assembly of the State of Louisiana as Representatives thereof.
Your petitioners do aver and verily believe that they have been and
are being illegally and fraudulently deprived of their seats as Repre-
sentatives of the district aforesaid mentioned; wherefore your peti-
tioners pray that they be seated and recognized as the legally elected
Representatives of the Third Representative District upon the fol-
lowing grounds:

*First*—That the Republicans of said district were deprived from
exercising their prerogatives as bona fide voters on account of threats
and intimidation, to such an extent as to materially change the result
of said election.

*Second*—That said election was not held and carried out in accord-
ance with law in such cases made and provided, and that irregulari-
ties of a damaging nature were practiced by the Conservatives and
Democrats to the detriment of your petitioners' rights. All of
which will be more fully shown by the affidavits hereto attached and
made part hereof.

All of which is respectfully submitted. And your petitioners
pray that your honorable body will consider the same, and after due

17

and legal proceedings had, your petitioners be declared the duly
elected Representatives of said Third Representative District, parish
of Orleans.

GEORGE DEVEZIN.

WILLIAM WALLACE.

CHARLES MONTALDO.

F. C. ANTOINE.

Personally came and appeared L. D. Herbert, who being duly
sworn doth depose and say that he is a resident of the Third Elec-
tion Precinct, parish of Orleans, and duly registered in said precinct
as a qualified elector, and that on the day of election, November 2,
1874, at Poll No. 3, No. 79 Girod street, your deponent presented
himself at said polling place to cast his ballot for the Republican
ticket, and that his vote was challenged upon the ground of not
being a bona fide resident in said Third Election Precinct, and that
I was deterred from voting by one P. McDermott, who was backed
by a body of white men, armed, and was compelled to drive away
from said polling place for fear of my life; and your deponent fur-
ther says that as a general rule the same method was practiced
towards all colored men who were supposed to vote the Republican
ticket; that if no intimidation or threats had been used, or other
unlawful means and influences by the Democrats or Conservatives,
your deponent verily believes that the Republican ticket would have
been elected by a large majority in said Third Election Precinct,
parish of Orleans.

L. D. HERBERT.

CHARLES A. BAQUIE,

Personally came and appeared John Adams, who being duly sworn,
doth depose and say that he is a duly registered and qualified
elector, Third Election Precinct, parish of Orleans, city of New

2

18

Orleans; that he has been employed at the Jackson Press, in this
city and parish, as pressman; that he has been employed by Emile
challenged.
O'Brien for about five years; that one day during the week previous
to the election to be held November 2, 1874, the said Emile O'Brien
notified him and others that unless they would vote the Democratic
ticket, they would be discharged from his employ. That on the
thirty-first day of October, 1874, the said Emile O'Brien again asked
me what I was going to do with my vote, and if I was registered; I
said to him I was registered, but was going to vote my vote my way;
he replied that I must either give my registration certificate to Mr.
Baker or go with him on the second day of November, 1874, to the
poll and vote his way, or he would discharge me from his employ;
that I could go to my carpet-bag friends and get work, he said.
O'Brien then and there discharged me with others. I am convinced
that I was discharged for no other reason than that above stated;
that a number of colored men, Republicans, were threatened with
discharge from employment if they did not vote the Democratic
ticket against their own will; that intimidation of that nature was
used to such an extent as to materially change the result of said
election in said Third Election Precinct, parish of Orleans.
his

JOSHUA M ADAMS.
mark.

Witnesses to mark: GEORGE F. MASON, NELSON REFTON.

Personally appeared before me, the undersigned authority, John
H. Wood, a citizen of the State of Louisiana and a resident of the
parish of Orleans, who being duly sworn, deposes and says that at
the general election held on the second day of November, 1874, he
applied at Poll No. 15, in the Third Election Precinct in said parish,
situated opposite the Marine Hospital; that he presented his regis-
tration certificate to the Commissioners of Election for examination;
that then and there the Republican ticket, which he held in his
hand and was about to cast, was forcibly taken out of his hand by

a crowd of white men congregated there, and his vote subsequently
city and parish, as pressman; that he has been employed by Emile
challenged.

He further swears that he was peremptorily ordered away from
the poll by the same men and chased away, for a distance of three
blocks, when he succeeded in effecting his escape.

He swears further that weapons were drawn against him, and he
was summoned to leave the place within five minutes.

He further swears that his registration certificate is canceled and
that he has not voted for the reasons aforesaid.

JOHN H. WOOD.

Personally appeared Calvin Gaston, who being duly sworn doth
depose and say: That he is a duly registered and qualified elector,
Third Election Precinct, parish of Orleans; that he was a table
keeper at poll No. 6 in said election precinct on the day of election,
the second day of November, 1874, and that he is convinced that a
large number of colored Republicans of the Third Ward were in-
timidated at said poll by threats of being dischared from employment
and proscription of business, and that the effect of said intimidation
was to cause many Republicans to vote the Democratic or Conserva-
tive ticket against their will; that many colored Republicans were
intimidated by challenge of residence which is in violation of the
election law; that said intimidation and threats detered a large
number of colored Republicans from voting the Republican ticket,
and that said threats and intimidation was such as to materially
change the result of said election; that if no threats or intimidation
had been used by the Democartie or Conservative party, your de-
ponent verily believes that the Republican ticket would have been
elected by a large majority.

CALVIN GASTON.

Sworn to and subscribed before me this seventh day of Novem-
ber, 1874.

19

20

Personally came and appeared Joseph Pease, who being duly sworn, doth depose and say that he is a duly registered and qualified elector, Third Election Precinct; that white men would stop every colored Republican and threaten him; that if he did not throw away the ticket he had in his hand, which was invariably a Republican ticket, he would see his boss and have him discharged; that a large number were intimidated and left the polls without voting, or compelled to vote the Democratic ticket; that your affiant remonstrated with said white at such proceedings, when affiant was peremptorily ordered away from said poll, and his life threatened; that said intimidation and threats deferred a large number of colored Republicans from voting the Republican ticket. Your affiant verily believes that if no such threats, intimidation, or other unlawful means had been used toward the colored Republicans, that the Republican ticket, Third Election Precinct, parish of Orleans, would have been elected by a large majority.

JOSEPH PEASE.

Personally came and appeared Samuel P. Chancellor, who being duly sworn, doth depose and say that he was appointed a peace officer at Poll No. 12 in the Third Election Precinct, parish of Orleans, No. 31 Johnson street, between Palmyra and Gasquet streets, on the day of election, November 2, 1874; that at said poll the Commissioners who were duly appointed by the Assistant Supervisor of Registration of said Third Election Precinct, parish afore said, did not make their appearance at the time for the opening of the polls; that two persons, both well known Democrats, were so elected and sworn in by the United States Supervisor representing the Democratic party, and by him sworn in as Commissioners contrary to law, notwithstanding a Commissioner of Election being present; that all colored persons who presented themselves at said poll for the purpose of casting their ballots, one person would be

21

sant with him, his vote being challenged, to ascertain if his residence was as stated upon his registration certificate, all of which is contrary to law, and in no instance was a white man's vote challenged and the same course adopted; that a large number of colored Republicans were deterred from voting by threats of discharge from employment and proscription of business if they voted the Republican ticket; that said threats and intimidation deferred a large number of colored Republicans from voting the Republican ticket on said day, and that said threats, etc., materially changed the result of said election in said Third Election Precinct, parish of Orleans; that had not the Democratic or Conservative party used said threats and intimidation, and other unlawful means, your deponent verily believes the Republican ticket of the Third Election Precinct, parish of Orleans, would have been elected by a large majority.

SAMUEL P. CHANCELLOR.

Personally came and appeared William H. Brown, who being duly sworn doth depose and say that he is a duly registered and qualified elector of the Third Election Precinct, parish of Orleans; that he was employed at Leonard & Maxwell's, on Baronne, corner Union street, for about eight years; that on or about one week before the day of election Mr. Leonard, of said firm, demanded of me my registration papers or certificate; I replied that I would not do that; on the day of election he again asked me if I would not do what he asked me to do? I said I would not. He then said, "Will you vote my way?" I said I would not, that I was going to vote the straight Republican ticket; he, Leonard, then said that if I voted the Republican ticket that I must go to the Republicans and let them give me a living; he, Leonard, then and there discharged me, and said he did not want me around any longer; he, the said Leonard, also discharged one Henry Ceres for the same cause. I verily believe that the only cause of my discharge was for the only

22

reason that I voted the Republican ticket, the said Leoonard having always appeared perfectly satisfied with the performances of my duties.

his
WILLIAM M. H. BROWN.
mark

Witness to mark: J. H. BURGES, ALFRED SMITH.

Personally came and appeared Martin Dixon and Frank Montgomery, who being duly sworn, each for himself, doth depose and say: That they were present at Poll No. 15, in the Third Election Precinct, in said parish aforesaid, on the day of election, the second day of November, 1874, and that they are convinced that a large number of colored Republicans were deterred from voting the Republican ticket and challenged on account of residence, believing said colored men were voting the Republican ticket, and that a large number of colored men were intimidated by threats of being discharged from employment and proscription in business, and that the effect of said threats and intimidation was to cause a large number of colored Republicans to vote the Democratic ticket against their will, and that said threats and intimidation deterred a large number of colored Republicans from voting the Republican ticket, and that said threats and intimidation materially changed the result of said election; that if no such threats, intimidation and other unlawful means had been used by the Democratic or Conservative party, your deponents verily believe that the Republican ticket would have been elected by a large majority.

FRANK MONTGOMERY.
MARTIN DIXEN.

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Personally appeared before me, the undersigned authority, Samuel Johnson, a citizen of the State of Louisiana, parish of Orleans, in the Third Election Precinct of said parish, who being duly sworn deposes and says: My profession is that of drayman; I was employed for about a year by John Moynahan, Esq., warehouseman for the firm of Simmes & Levy, at Lovee and Common streets, in the parish and city of New Orleans; that on the evening of Saturday, the thirty-first day of October, 1874, the said John Moynahan told affiant to come to his (Moynahan's) house on Monday morning, (the day of the election), before going to the poll to vote, and that he would go with affiant to the poll. On Monday morning, the second day of November, 1874, the affiant went to his house in accordance with his (Moynahan's) orders; went to his employers' house and met him there; Mr. Moynahan accompanied affiant to the Poll No. 10, and there gave a Democratic ticket to affiant and told him to go to the poll and deposit it; Mr. Moynahan accompanied me to the box, but when affiant reached the box he deposited a Republican ticket which he had previously secured; Mr. Moynahan then said to affiant, "You can go to them, now," and discharged him from his employ. Affiant further states that he verily believes that the only reason of his discharge is on account of his having voted the Republican ticket, for he had always been punctual in the discharge of his duties and his employer always appeared satisfied with his work.

his
SAMUEL M. JOHNSON.
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Witness to mark: LULY SHELDON, H. A. MARKS.

COMMITTEE ON CONTESTED ELECTIONS AND QUALIFICATIONS.

Mr. Charles Montaldo being duly sworn, deposes and says:

Question by Mr. Lane, Chairman—Were you a candidate at the last general election?

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Answer—I was for the lower house of the General Assembly for the Third Ward, parish of Orleans. I came in possession of those registration papers, signed in blank, through a friend of mine, who is in the employ of a leading member of the Democratic party.

Question by Mr. Baker—How do you know that there were one hundred or one hundred and fifty men brought over from McComb City?

Answer—From information received through the detective.

To Mr. Lane—They were brought here in the interest of the Democratic party. At every poll in the Third Ward, except two, there was a company of White Leaguers stationed. There were fifteen polls in said ward. The thirty-eight registration papers presented belong to persons who were refused the right to vote on the ground of residence. To the best of my knowledge there were about two hundred Republicans refused the right to vote on the same ground as the thirty-eight above named. In the morning, at the opening of Poll 12, situated on Johnson, near Gasquet street, the same was taken possession of by the Democratic Commissioner of Election, who swore in two additional Democrats in place of two Republicans, who were detained from going there by some person or persons connected with the Democratic party.

[Nore.—Candidate offers affidavits to show that threats of intimidation and violence were resorted to by the Democrats to carry the election.]

CHARLES MONTALDO.

Sworn and subscribed to this twenty-seventh day of January, 1875

W. G. LANE,
Chairman.

Mr. William Wallace, candidato for the House of Representatives on the same ticket with Mr. Montaldo, does hereby, under oath and by his signature, corroborate all the facts above stated.

WILLIAM WALLACE.

Sworn and subscribed to this twenty-seventh day of January, 1875.

W. G. LANE,
Chairman.

George Dovizon being duly sworn depose and says: Corroborates the entire statement of Mr. Montaldo.

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Mr. Montaldo was driven from the poll located at the Marine Hospital by two companies of White Leaguers. His life was threatened by the White Leaguers.

At the last general election the total number of votes cast was between four and five hundred, forty or fifty only being Democratic votes.

After hearing that Mr. Montaldo had been driven from poll fifteen, sixteen men came to me and stated that they were sent away from the poll without voting, they having been challenged by the Democratic supervisor, on the ground of residence. I took them to the Marine Hospital, poll fifteen, to vote and they were challenged there on the same grounds. I insisted on them voting, according to law, when Company D of the White Leaguers was ordered to fall in, which they did properly. The commander of that company stated to me that he would soon give me the fourteenth September if I did not leave there, and all of the sixteen men got frightened and left except one. When I found that all had left we left also. After three o'clock in the evening every strong Republican poll in the ward were entirely deserted by the colored voters, standing in crowds on different corners, afraid to go up to the poll after that hour in the evening on account of the intimidation.

We would then move them from poll to poll only to find the same condition of things, viz., intimidation and threats of violence.

At poll twelve in said ward, there were never more than fifty Democratic votes polled. This was the reason that members of the Democratic or White League party endeavored to take and did take possession of said poll. Was informed by a leading member of the Democratic party, to whom an office had been promised by Mr. Burke, Administrator of Improvements, that the Democrats had one hundred men to whom they issued fourteen illegal registration certificates apiece filed with their names, by which means they were able to vote at each poll once.

In proof of this fact he produced to me two hundred of said illegal registration certificates. This confession was made to me by said person, upon Mr. Burke failing to give him the office he promised.

GEORGE DEVEZIN.