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Q. Then these official returns never came before you at that time or subsequently ?-A. They may have been before the board at the time of my election. I don't know anything about that. But they never came before the board while I was a member.

Q. Did you ever make a demand upon Governor Warmoth and the members of that board for the possession of the official returns ?-A. I • made a demand for them upon Governor Warmoth for the official returns as a member of our board, which we considered the legal board.

Q. That demand was made in writing, was it not l-A. Yes. I went in person; but we were refused the privilege of seeing him then. We made a written demand for the official returns in his possession.

Q. Was not that demnand made upon Governor Warmoth as the governor of the State!-A. Both as governor of the State and as a member of the board also,

Q. Did he ever comply with the request?— A. He never furnished any papers to the board at all.

Q. Then your board was aware at the time this demand was made that the returns were in the possession of Governor Warınoth 1-A. I presume that they did-two of the members. I was not aware of it myself; that is, of any knowledge that I had. I could infer, as anybody else could, that they were in the possession of Governor Warmoth.

Q. Upon the refusal of Governor Warmoth to place these returns in possession of your board, wbat action did your board take 1-A. Continued in their work receiving evidence and returns and tabulating the affidavits and evidence that we bac.

Q. They got along the best way they could without the returns ?-A. Yes.

Q. There was a number of those parisbes in the second congressional district which you had no returns for whatever I-A. I am not aware of the fact that they had no returns, as I stated before.

Q. Bovee and Lynch both so state in their testimony.-A. It may be so; but all these matters being matters of record, I have not charged my memory with auy particular part of the proceedings of the board.

Q. Do you remember who was the clerk of your board at the time these returns were compiled, or who the principal clerks were ?-A. I think Mr. Bovee was; that is, prior to the decision of his case by the supreme court. After that, I think, it was Mr. Hope.

Q. Do you remember a man there by the name of Joseph ?-A. There may have been, but I do not know. There were a great many clerks there. I never inquired their names. I happened to know two of them-ope, Mr. Hope, and one, Mr. Campbell; I think the latter was a clerk there. He assisted sometimes. Mr. Joseph may have been there; but there were several persons there I would not know. One of the clerks was called Colonel somebody, but I never inquired who he was.

Q. Did you personally canvass those votes yourself, as member of the board ?-A. Not all.

Q. Did you examine the affidavits ?-A. I did not, myself. I exam. ined some, but I did not examine every one of them.

JAMES LONGSTREET. J. M. CAss, sworn by Hon. E. North Callom and examined by J. E. Austin, esq. :

Question. What position did you hold during the last canvass ?-An. swer. Supervisor of election of the First ward, second congressional dis. trict.

Q. Supervisor of election and registrar?-A. Supervisor of registration, and also attended the electiou. I was registrar and supervisor.

Q. Do you remember the number of qualified voters or registered voters in your ward ?-A. Something about four thousand, I think; I am not positive as to the exact number; but I think a little over four thousand.

Q. Were you present at the counting of the votes ?-A. I was.
Q. Did you sign the returns of election for your ward ?-A. I did.

Q. Who were they delivered to I-A. They were delivered to the State • supervisor of election or his deputies.

Q. When you got through with them ?-A. Yes.

Q. Do you know what became of them; whether these returns ever passed into the hands of the Lynch board or not?-A. I do not.

Q. Do you not know that they never did ?-A. I have no way of knowing further than that I suppose they never did. I cannot say whether they did or not; but I do not think they ever did.

Q. You don't know what became of them after they passed into the hands of Mr. Blanchard !-A. I do not.

Q. Was there a fair election held in your ward !--A. There was.

Q. Was anybody refused registration on account of race, color, or previous condition of servitude that you know of in your ward ?--A. No; not one that was entitled to vote was refused.

Q. Was there any violence or demonstrations of any sort against any. body at or about the polls ?-A. I did not see any; and I think there was none. I visited the polls and did not see any violence or any intimidation, or anything of the kind during the day.

Q. Who were you appointed supervisor by ?-A. By Governor War. moth; and I continued to act until the ballots were all counted and the returns made.

Q. You don't know where these returns that you made are now !-A. I do not.

Q. Could you have access to these returns now any way that you know of ?-A. No; I could not.

Q. State what the vote for members of Congress was in that ward. A. I am speaking now for the First ward alone. For R. L. Gibson, 1,681 votes in the First ward; for L. A. Sheldon, 725 votes in the First ward, giving a majority of 956 votes to R. L. Gibson; that is the return that I made.

Q. That is a conservative ward !--. Yes; the white population is in the majority by a great deal.

J. M. CASS. HENRY GALLAGHER, sworn by Hon. E. North Cullom, and examined by J. E. Austin, esq.:

Question. What position did you hold during the last canvass ?Answer. Assistant supervisor of registration of the Tenth ward of this city. It is in the second congressional district.

Q. Did you sign the returns ?-A. Yes.

Q. Who were they made to?-A. They were delivered to Mr. Blanchard and his assistants. Mr. Blanchard was at that time State registrar of voters of the State of Louisiana, as I understood.

Q. You remained present at the counting of the votes, supervising ?A. Yes. I had to go out occasionally to get a drink, or something like that.

Q. Was there a fair election in your ward ?-A. Yes; as fair an election as ever I saw. Q. Was anybody prevented from voting on account of race, color, or

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previous condition of servitude 1-A. I did not either know one or bear of one.

Q. Did you see any disturbance, or hear of any, at any of the polls in your ward !-A. I neither heard of or saw ang disturbance.

Q. Do you know where these official returns that you made from the Tenth ward are at this time I-A. I do not. • Q. You could not have access to them if you desired, could you – A. No.

Q. Do you know what the vote was for members of Congress in your ward ?-A. No; because I did not keep a copy of it. But I think that R. L. Gibson got a majority of from nine hundred to a thousand; very close to a thousand. I had a copy of it some time ago, but I lost .it; but I recollect that R. L. Gibson's majority was somewhere near one thousand.

HENRY GALLAGHER, Assistant Supervisor Registration and Elections, Tenth Ward. J. S. BEERS, sworn by Hon. E. North Culloun and examined by J. E. Austin, esq. :

Question. What position did you hold in the last election ?-Answer. Assistant supervisor of registration in the Thirteenth ward for all except the first twelve days, when Chevally was. That ward is in the second congressional district.

Q. Was there a fair election held in your ward ?-A. Yes. The election was perfectly fair, so far as I know, and the registration also.

Q. Do you know or did you hear of anybody being refused registration, or the right to vote on account of race, color, or previous condition of servitude ?-A. No.

Q. Did you sign the returns from your ward ?--A. I did.

Q. Who were they delivered to ?-A. To Mr. Blanchard, State regis. trar.

Q. Do you know where they are now ?-A. I do not.

Q. Do you think you could find them?-A. No. I do not know where they are.

Q. Do you know what the vote for members of Congress was in your ward ?-A. I do not recollect the exact vote. My recollection is only of R. L. Gibson's majority.

Q. What was R. L. Gibson's majority in your ward ?-A. R. L. Gib. son's majority in my ward was thirty-nine or forty. I recollect the average majority was between eighty and ninety, and he ran about forty behind.

J. S. BEERS, Assistant Supervisor of Registration and Election, Thirteenth ward. Adjourned to Monday, February 23, to meet at same place, viz, No. 5 Carondelet street, New Orleans.

JOHN O'LOGHLIN, .

Clerk. E. NORTH CULLOM, Judge Fifth District Court for the Parish of Orleans.

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NEW ORLEANS, LA., February 16, 1874. SIR: Please take notice that at 12 m., on Saturday, 21st day of February, I will proceed to take the testimony of Jacob Hawkins, Gen.

es Loneltitchell, Gallaghebers, before Orleans

James Longstreet, George E. Bovee, John Lynch, Benjamin R. Forman, Archibald Mitchell, Pierre G. Deslonde, James M. Cass, A. J. Ward, E. Hilborn, Henry Gallagher, Heury C. Brown, James Biggs, J. S. Beers, G. R. Chevally, and others, before Hon. E. North Cullom, judge of the fifth district court of the parish of Orleans; and if the testimony be not all taken on that day, the taking of the testimony will be adjourned from day to day.

R. L. GIBSON. Hon. Don A. PARDEE,

Attorney for Gen. L. A. Sheldon.

Received a copy of above notice on February 16, 1874, at 6 p. m.

DON A. PARDEE, Acting for General Sheldon.

In the matter of R. L. Gibson, contestant, vs. L. A. Sheldon, sitting mem

ber for the second congressional district of Louisiana.

FEBRUARY 23, 1874. Met pursuant to adjournment, at No. 5 Carondelet street, at 6 o'clock p. m. Present, Hon. E. North Cullom, commissioner, and J. E. Austin, esq., representing Gen. R. L. Gibson. "

No witnesses being present, adjourned until to.morrow, Tuesday, February 24, to meet at same time and place.

E. NORTH CULLOM, Judge Fifth District Court for the Parish of Orleans. John O’LOGHLIN, Clerk.

In the matter of R. L. Gibson, contestant, vs. L. A. Sheldon, sitting mem

ber for the second congressional district of Louisiana.

NEW ORLEANS, February 24, 1874. Met pursuant to adjournment, at No. 5, at 6 o'clock p. m., and, no witnesses being present, adjourned to meet at same time and place, tomorrow, Wednesday, February 25, 1874.

E. NORTH CULLOM, Judge Fifth District Court for the Parish of Orleans. JOIN O'LOGHLIN, Clerk.

In the matter of R. L. Gibson, contestant, vs. L. A. Sheldon, sitting mem

ber for the second congressional district of Louisiana.

NEW ORLEANS, February 25, 1874. Met pursuant to adjournment, at No. 5 Carondelet street, at 6 o'clock p. m. Present, Hon. E. North Cullom, commissioner, and J. E. Austin, esq., representing the contestant.

No witness appearing, after waiting a reasonable time, adjourned until to-morrow, Monday, February 26, to meet at same time and place.

E. NORTH CULLOM, Judge Fifth District Court for the Parish of Orleans. John O’LOgulin, Clerk.

In the matter of R. L. Gibson, contestant, rs. H. A. Sheldon, sitting

member for the second congressional district of Louisiana.

FEBRUARY 26, 1874. Met pursuant to adjournment at No. 5 Carondelet street, at 6 o'clock p. m. Present, Hon. E. North Cullom, commissioner, and J. E. Austin, esq., representing Gen. R. L. Gibson.

Two notices filed by Major Austin on behalf of contestent, and marked.

EMILE HILBORN, sworn by Judge E. North Cullom, and examined for contestant, says:

I reside at 441 White street, New Orleans, in the second congres. sional district.

Question. What position did you occupy during the last canvass Answer. Assistant supervisor of registration and election for the Third ward.

Q. Was there a fair election in that ward ?-A. Yes.

Q. Do you know of any persons who were refused registration or the right to vote on account of race, color, or previous condition of servitude ?-A. No, none.

Q. Would you know it if there had been ?-A. I suppose I would. Q. Did you sign the returns made from your ward ?-A. I did.

Q. Who were these returns delivered to ?-A. To Mr. Blanchard, State registrar of voters.

Q. Do you know where these returns are ?-A. No.

Q. Could you have access to them now if you desired it ?-A. No; I don't believe I could.

Q. Do you know what the congressional rote was in your ward at the last election between R. L. Gibson and L. A. Sbeldon -A. I think Gen. R. L. Gibson got a majority of between seven hundred and a thousand votes.

EMILE HILBORN.

H. C. WARMOTH, sworn by Commissioner E. North Cullom, and examined by J. E. Austin, esq., on behalf of the contestant, says :

I reside now in the fourth district of the city of New Orleans.

Question. What position did you occupy during the late canvass in the State of Louisiana ?-Answer. Governor of the State of Louisiana.

Q. Are you familiar with the election-law of the State of Louisiana, at that time in force and operation ?-A. Yes.

Q. Was the election held under that law in the State of Louisiana ? A. Yes.

Q. Do you know whether or not returns were made in accordance with that law after the election held in Louisiana last November 1– A. They were, in almost every instance.

Q. Do you know whether or not the board, called the “ Lynch” or “ Longstreet" returning-board were ever in possession of those returns or not?-A. Never-not one of them,

Q. Do you know whether or not those returns were placed in the office of the secretary of state under your administration or not, in accordance with the law, or were they delivered to you?-A. They were delivered to me in accordance with the law-one copy sent to me by mail and one copy by hand.

Q. Will you state what disposition you made of those returns ?A. I placed them in the bands of the “De Feriet" returuing-board, and

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