Transcript
#12
U.S. Circuit Court
U.S.
vs.
C.C. Nash et al
Affidavit for Summons
& motion
Filed March 4/74
The United States} United States Circuit Court
vs} Fifth Judicial Court and District of Louisiana
C.C. Nash, et al} No. 12
On Motion of Wm. R. Whitaker, attorney for William J. Cruikshank, John P. Hadour, William D. Irwin, Donas Lemoine, Austin P. Gibbons, Prudhomme Lemoine, Thomas J. Hickman, Alfred C. Lewis and Clement Penn, defendants herein, and the annexed affidavits being considered:
It is ordered by the Court that subpoenas issues herein directing to appear forthwith upon the trial of this cause the following named witnesses for said defendants, viz:
W.H. Richardson
James Terry
R.A. Hunter
Dr. Conley
Daniel Shaw
Samuel B. Shackleford
and the costs incurred by such process and the fees of said witness be paid as in cases of witness subpoenaed in behalf of the United States.
W.B. Woods
The United States} United States Circuit Court
vs} Fifth Judicial Court and District of Louisiana
C.C. Nash, et al} No. 12
Personally appeared before the undersigned authority William J. Cruikshank, John P. Hadour, William D. Irwin, Donas Lemoine, Austin P. Gibbons, Prudhomme Lemoine, Thomas J. Hickman, Alfred C. Lewis and Clement Penn, defendants herein, who having been first duly cautioned and sworn severally deposed. That they cannot safely go to trial without the witness herein after named; that their evidence in material to their defence; that they are, to the best of the knowledge and belief of deponents, within the district of Louisiana, and that they deponents are not possesed of sufficient means, and are actually unable to pay the fees of said witness; that they expect to prove by them as follows:
By W.H. Richardson, of Grant Parish, the condition off affairs between the white and colored citizens of Grant Parish immediately prior to 13th April 1873; what took place at Colfax 13th April 1873; that a man meeting of citizens was called to take place at Colfax on April 1st, for the purpose of accomodating existing Parish troubles; that the colored people prevented the whites from assembling here; that the colored people, with Messr Shawn, Register, and Calhoun had taken forcible possession of the Court house at Colfax shortly before the 1st of April, and held it under armed guard until the 13th of that month; that white citizens generally were not allowed to go to the Court house, or to have access to its records, nor to the offices and records of the Sheriff and Recorder of Grant parish until the afternoon of the day last named, but were forcibly excluded by armed colored people, among whom was Alexander Tillman participating in such exclusion; that this armed and forcible possesion was in pursuance of a deliberately conceived and executed plan or conspiracy, and was sustained by unlawful military force, discipline and dispositions; that for more than two weeks prior to the 13th April an organized riot or insurrection had been in existence in Colfax and vicinity, in which the rioters and insurgents were colored persons, who compelled white and colored residents of the neighborhood to leave their homes for safety and compelled the closing of the UNited States post office there; that during this time and for a long time previously and from early in January 1873, C.C. Nash had been acting as Sheriff of Grant Parish and A. Cazabat as judge of such Parish; that Clement Penn was not in Colfax during the fight at that place, and other matters and things important in the defence of this cause.
By James Terry, lately of Grant Parish; the condition of affairs between the white and colored citizens of Grant parish immediately prior to the 13th April; what occurred a Colfax on the 13th April and the two weeks before that date; that the colored men were called there for the purpose of committing unlawful acts of aggression against the rights of the white of the Parish; that the occupation of Colfax by colored men prior to and on the 13th April was of a military character; that residents of the neighborood of Colfax were compelled to abandon their homes by the armed colored persons at Colfax; that the armed occupants of Colfax during the time named held Daniel Shaw, whom they claimed to be Sheriff of Grant Parish, a prisoner at Colfax against his will when he desired to leave the place and abandon their unlawful attempt; that the said colored persons were not acting in obedience to the order of said Shaw as sheriff but held him as prisoner at their will and subject ot their order and control; that white citizens of Grant Parish were prevented access to the Court house, the recorder's office and the Sheriff's office; that a condition of anarchy was brought about by the action of said colored persons before said 13th Apil, and other matters and things material to the defence of this cause.
By. R.A. Hunter, Esq., of Rapides Parish; the condition of affairs between the whites and colored citizens of Grant parish immediately before the 13th April, 1873; that before that date the white citizens of Grant parish made ample and unsuccessful efforts to obtain executive interference on the part of Governor Kellog to restore order in the parish, and other matters and thins material to the defence of this cause.
By Dr. A.B. Conley, of Grant Parish; that condition of affairs between the white and colored citizens of Grant Parish immediately before April 13, 1873; the unsuccessful efforts made by the white citizens for a peaceful settlement of the troubles in the parish before that date; the attempt made to have a man meeting at Colfax on the first of April, to agree upon the terms of such a settlement, the selection of citizens at Montgomery to attend such meeting and the proposed character of the projected meeting; that a futile attempt was made to serve a warrant at Colfx during its armed occupation by the colored people, by a constable who was refused admission by the colored people, and other matters and things material to the defence.
By Daniel Shaw, lately of Grant parish; the condition of affairs between the white and colored citizens of Grant parish immediately before April 13, 1873; what took place in Colfax during the two weeks before that date; that he was detained in Colfax by force during the latter part of that time and had been twice arrested and brought forcibly back to Colfax by the armed colored occupants of Colfax; that the colored occupation of Colfax was a military and lawless occupation; that white citizens generally were not permitted
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier:
251442Full Citation: Affidavit for summons filed in case of United States v. Columbus C. Nash, etal; 3/4/1874; United States v. Columbus Nash, et. al.; Case Files, 1873 - 1911; Records of District Courts of the United States, Record Group 21; National Archives at Fort Worth, Fort Worth, TX. [Online Version, https://www.docsteach.org/documents/document/affidavit-for-summons-filed-in-case-of-united-states-v-columbus-c-nash-etal, March 28, 2024]