Documents relating to a court case regarding a contested election for delegates from Shelby County, Alabama, to the Alabama Secession Convention.
Item
Identifier
RSG00248_f10_Q0000134972_Q0000134983
Title
Documents relating to a court case regarding a contested election for delegates from Shelby County, Alabama, to the Alabama Secession Convention.
Rights
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Type
Text
Creator
Mardis, N.B.
Date
1861 January 25
Description
A written response by Commissioner N.B. Mardis of the answers given by J T Leeper, Rich H Brasher, and Willis M Pledger to the questions laid out in a list of seven from earlier that month. These answers come from the deposition of the above on January 25th, 1861 between 9 am and 5 pm.
Format
legal documents
Place
Shelby County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Ava Gibbs
transcription
The State of Alabama Shelby County
I N B Mardis Commissioner in the northern Commission named by virtue thereof have this day being Frid =ay the 25th day of January 1861 between the hours of 9 oclock A M and five in the afternoon caused I T Leeper Richard H Barasher Wilie H Pope & Willis M Pledges to come before me at the Court House in Columbiana in said County and state Who being first sworn to speak the trouth the whole trouth and nothing but the trouth relative to the matter of the Contest of the right of John M McClanahan & George D Shortridge as delegates from the County of Shelby to the Alabama State Convention which Contest is now pending before sid Convention in Session at Montgomery Alabama and which right is Claimed under an Election held in Shelby County on the 24th of December 1860 and is Contested by John R Kinan & John Hall Welch do depose and say as follows W H Pope was not called & [deposes?] as follows
To the 1st Int he says I know all said parties except John R Kinan, I am not person =ally acquainted with him - I held the office of clerk of the circuit court for Shelby county Alabama & have held it continuously from some time in August 1857 to the present time & am still holding it - John M McClanahan held the office of Judge of Probate for Shelby County Ala on the 24th Decemer 1860 & had held it continuously from the time of the organization of the present Probate Court system in this state some eight or ten years ago up to said 24th Decr 1860 -
To 2nd Int he says an election was held in Shelby County Ala on the 24th Decr 1860 for
the purpose of electing two delegates to the State convention & a senator to the Legislature of Ala from the District composed of the Counties of Jefferson & Shelby & a representative from said county of Shelby to the Legislature ~ Notice of said election was given by publication in the Weekly Chronicle a Newspaper published in Columbiana in said County ~ said notice purported to be given by R H Brasher as sherif of said county of Shelby - I saw said notice in several of the last numbers of said paper previ= ous to the election, I do not now recollect how many, some two or three or perhaps four - I have no copy of said notice at hand to attach to my answer -
To the 3rd Int he says I do know of said counting of votes on said saturday - I aided J T Leeper Esqr, who was substituted for Judge McClanahan who refused to act, & R H Brasher the shff in making said count - The counting out of said votes & estimate of same made on that occasion was made & done in the Probate Court office in the lower story of the Court house some time between the hours of 12 oclock M & two oclock P M of said day in presence of several persons from five to ten as well as I now re^member besides those of us above named engaged in making said estimate, tho I do not now recollect any particular
unbroken & was in the possession of R H Brasher shff of this county & was addressed "To Mr Richard Braishier Esqr Columbiana" This package was on the afternoon of said 3rd Jany 1861 delivered by said R H Brasher shff to me & was still unopened - On the same afternoon I opened said package at the request & in the presence of Alexr White Esqr atty for Messrs Kenan & Melch ffor the purpose of furnishing a certified copy of same if the package proved to be the ^said election returns from said Precinct 11 ~
To 5th Int he says the paper hereto attached marked "Exhibit 6" is a true copy of the package received by me as stated in my answer to 4th Interrogatory & which package I suppose to be the returns of said election from said Precinct No 11 but I do not of my own knowledge know whether said package is the official returns of said election from said Precinct 11 or not - said "Exhibit 6" is a true copy of the exact words & figures of said package received as aforesaid by me & which I believe but do not know to be the official returns of said election from said Precinct No 11 & this is ^as much as my knowledge on the subject enables me to answer as to what was the vote & return of said Precinct No 11 at said election -
[same as previous page]
To the 6th Int he says I know of no other fact or circumstance that I suppose will benefit said contestants
To the 7th Int he says a bond as security for the costs of the contest by John R Kenan & John F M Welch of the right of John M McClanahan & George D Shortridge as delegates from the county of Shelby to seats in the Alabama State Convention was filed in my office to wit the office of clerk of the Circuit Court of Shelby county Alabama & a notice of the grounds of said contest was filed in my said office, a transcript of which said bond as security for costs as aforesaid in hereto attached marked "Exhibit D" & a transcript of which said ^notice of grounds of said contest is hereto attached marked "Exhibit E" - said transcript marked "Exhibit D" contains & is a true copy of the original bond of security for costs of said contest on file in my said office; and said transcript marked "Exhibit E" contains & is a true copy of the original notice of grounds of contest aforesaid on file in my office aforesaid -
Wilie H Pope
Allist N, B, Mardis Commissioner
I N B Mardis Commissioner in the northern Commission named by virtue thereof have this day being Frid =ay the 25th day of January 1861 between the hours of 9 oclock A M and five in the afternoon caused I T Leeper Richard H Barasher Wilie H Pope & Willis M Pledges to come before me at the Court House in Columbiana in said County and state Who being first sworn to speak the trouth the whole trouth and nothing but the trouth relative to the matter of the Contest of the right of John M McClanahan & George D Shortridge as delegates from the County of Shelby to the Alabama State Convention which Contest is now pending before sid Convention in Session at Montgomery Alabama and which right is Claimed under an Election held in Shelby County on the 24th of December 1860 and is Contested by John R Kinan & John Hall Welch do depose and say as follows W H Pope was not called & [deposes?] as follows
To the 1st Int he says I know all said parties except John R Kinan, I am not person =ally acquainted with him - I held the office of clerk of the circuit court for Shelby county Alabama & have held it continuously from some time in August 1857 to the present time & am still holding it - John M McClanahan held the office of Judge of Probate for Shelby County Ala on the 24th Decemer 1860 & had held it continuously from the time of the organization of the present Probate Court system in this state some eight or ten years ago up to said 24th Decr 1860 -
To 2nd Int he says an election was held in Shelby County Ala on the 24th Decr 1860 for
the purpose of electing two delegates to the State convention & a senator to the Legislature of Ala from the District composed of the Counties of Jefferson & Shelby & a representative from said county of Shelby to the Legislature ~ Notice of said election was given by publication in the Weekly Chronicle a Newspaper published in Columbiana in said County ~ said notice purported to be given by R H Brasher as sherif of said county of Shelby - I saw said notice in several of the last numbers of said paper previ= ous to the election, I do not now recollect how many, some two or three or perhaps four - I have no copy of said notice at hand to attach to my answer -
To the 3rd Int he says I do know of said counting of votes on said saturday - I aided J T Leeper Esqr, who was substituted for Judge McClanahan who refused to act, & R H Brasher the shff in making said count - The counting out of said votes & estimate of same made on that occasion was made & done in the Probate Court office in the lower story of the Court house some time between the hours of 12 oclock M & two oclock P M of said day in presence of several persons from five to ten as well as I now re^member besides those of us above named engaged in making said estimate, tho I do not now recollect any particular
unbroken & was in the possession of R H Brasher shff of this county & was addressed "To Mr Richard Braishier Esqr Columbiana" This package was on the afternoon of said 3rd Jany 1861 delivered by said R H Brasher shff to me & was still unopened - On the same afternoon I opened said package at the request & in the presence of Alexr White Esqr atty for Messrs Kenan & Melch ffor the purpose of furnishing a certified copy of same if the package proved to be the ^said election returns from said Precinct 11 ~
To 5th Int he says the paper hereto attached marked "Exhibit 6" is a true copy of the package received by me as stated in my answer to 4th Interrogatory & which package I suppose to be the returns of said election from said Precinct No 11 but I do not of my own knowledge know whether said package is the official returns of said election from said Precinct 11 or not - said "Exhibit 6" is a true copy of the exact words & figures of said package received as aforesaid by me & which I believe but do not know to be the official returns of said election from said Precinct No 11 & this is ^as much as my knowledge on the subject enables me to answer as to what was the vote & return of said Precinct No 11 at said election -
[same as previous page]
To the 6th Int he says I know of no other fact or circumstance that I suppose will benefit said contestants
To the 7th Int he says a bond as security for the costs of the contest by John R Kenan & John F M Welch of the right of John M McClanahan & George D Shortridge as delegates from the county of Shelby to seats in the Alabama State Convention was filed in my office to wit the office of clerk of the Circuit Court of Shelby county Alabama & a notice of the grounds of said contest was filed in my said office, a transcript of which said bond as security for costs as aforesaid in hereto attached marked "Exhibit D" & a transcript of which said ^notice of grounds of said contest is hereto attached marked "Exhibit E" - said transcript marked "Exhibit D" contains & is a true copy of the original bond of security for costs of said contest on file in my said office; and said transcript marked "Exhibit E" contains & is a true copy of the original notice of grounds of contest aforesaid on file in my office aforesaid -
Wilie H Pope
Allist N, B, Mardis Commissioner
Subject
Brasher, Richard H.;
Kenan, John R.;
Leeper, James T.;
Leeper, Samuel;
Mardis, Napoleon Bonaparte;
McClanahan, John M.;
Moore, A. B. (Andrew Barry), 1807-1873;
Pledger, Willis M.;
Parsons, Lewis E. (Lewis Eliphalet), 1817-1895;
Pope, Wilie H.;
Shortridge, George David, 1814-1870;
Welch, John F. M.;
Alabama. Constitutional Convention (1861);
Governors--Alabama;
Alabama--Politics and government--To 1865;
Elections--Alabama;
Secession--Alabama;
United States--History--Civil War, 1861-1865;
Shelby County (Ala.)
Kenan, John R.;
Leeper, James T.;
Leeper, Samuel;
Mardis, Napoleon Bonaparte;
McClanahan, John M.;
Moore, A. B. (Andrew Barry), 1807-1873;
Pledger, Willis M.;
Parsons, Lewis E. (Lewis Eliphalet), 1817-1895;
Pope, Wilie H.;
Shortridge, George David, 1814-1870;
Welch, John F. M.;
Alabama. Constitutional Convention (1861);
Governors--Alabama;
Alabama--Politics and government--To 1865;
Elections--Alabama;
Secession--Alabama;
United States--History--Civil War, 1861-1865;
Shelby County (Ala.)