The New York Herald Newspaper, November 30, 1876, Page 4

“THR GREAT IMBROGLIO, Federal Troops Bull Preserving the Peace in South Carolina, \ ACTION OF THE REPUBLICAN HOUSE. | /The Quorum Strengthened by the Ad- mission of Defeated Candidates. THE DEMOCRATS IN SECRET SESSION. The Key of the Situation Held by the Senate. ARGUMENT ON THE HABEAS CORPUS The Intimidation Sensation in Louisiana. GOVERNOR PALMER ON THE PINKSTON CASE Action Before the Florida Board on the Contested Counties, SOUTH CAROLINA. WEB MILITARY SITUATION UNCHANGED—THE QUORUM OF THE REPUBLICAN HOUSE IN- CBEASED BY THE ADMISSION OF DEFEATED CANDIDATES—-PROTEST OF LEADING REPUB- LICANS—HESITATING COURSE OF THE DEMO- | CBATS—THE KEY oY THE SITUATION IN THE HANDS OF THE SENATE. [BY TELEGRAPH TO THE HERALD.] Couumsta, Nov. 29, 1876 “The military situation ts unchanged. The troops HM occupy the State House. . Two sentries stand at the north front at the half open door, which is just ‘wide enough to adinit one man at a time; and those at the door of the Supreme Court were removed far enough Ap allow free ingress to the court room. ‘The ? trea tread of the sentries, the cal lof thes 37,d’of the guard, revorberating through the YopSt coiling of the corridors; the rattle of muskets the relief went on duty, the clang of arms asthoy stackea or unstacked them, all made ao ace! strangely thrilling, impressive and sug- Bestive of a condition of society not peace- ful It all bore the tmpress of power; it was the mark and insignium of force. Here was a band{ul of Ten uniformed in blue standing between a people, and, ag they say it, their hardly won liberties, The Soldiers aro so few that the infuriated mob, unarmed as it is, could tear them limb from limb, but they ure assaloasin the bastion of Fortress Monroe, Nota hand fs raised, not a thought of bitterness is uttered or felt because they aro representatives of the mighty Power of the nation. Tney are emblems of that forco _ Which overrides constitutions and laws and States gna people. There is no indignation against tho sol- diers, there is rather puy; they are but tools used to perpetrate a great wrong, and tho people feel sorry for them that they should be so degraded in their houor- able calling. AGTION OF THE REPUBLICANS, In the republican House as soon as it assembled It appeared there was no quurum, one member being ab- sent, They continued in session, however, allowed no member to go out of the door and sent the Sergeant-at- rms alter the Heo went all over the éity, and at length, after over two hours’ waiting, Hamilton, & very independent colored republican, from Beaulort, who was the party they were waiting for, walked in of bis own accord. The moment he entered up got the chairman of the Committee om Privileges and Elections and made a report seating the tive colored contestauts irom Barnwell, Tho State canvassers had decided in favor of the democrats from that county, and the Sceretary of State had issued them certificates. The Supreme Courts also decided the democrats entitled to certificates of election, This Prompt and revolutionary action of the committee roused up a bitter and protracted debate. The more intelligent members and those with some ides of law protesied vehemently and urgently against it as revo, lutionary, unwise, and Mr. Foriter, republican, o¢ Sumter, asked leave to give his reason tor voting against the report, He warned the members solemnly against prossing the measure, PROTEST OF A REPUBLICAN. “I, said he, am a republican of longer standing than any man present on this floor; Ihave been one since the days of John C. Fremont, and I speak to you ow asa republican, to beg you to reflee. We are sothing more than a rump parliament at best; even the legality of our organization is seriously to be quea- tioned, aud I beseech you not to do this which will prové to be the last straw to break the camel’s back. The eyes of the whole country aro Qpon us; pass this measuro and the moral support of the Northern people upon which we should rely for countenance will be withdrawn, and the bayonets will be withdrawn from yonder door at the sametime. I tell you, to beware and, in conclu- sion, I desire to enter my protest against the measuro as being unconstitutional.” Tom Hamilton, colored, of Beaufort, then gave no- tice that he also should record his protest. The lead- era, however, were relentless and swift, Just before flark they pressed the vote and the report was adopted vy 45{yeas to 14 nays. The Beaufort men, five coarse, Aanlettered negroes, at once made their appearance and wero promptly sworn in. The House then adjourned ‘Until to-morrow at twelve. COURSE OF THE DEMOCRATS. The democrats, to all appearance, have been acting with a pientiful lack of wisdom for the last twenty- four hours. They appear undecided, hesitating and vaciliating. ‘Their course,’’ said @ Jeading repubil- tan, ‘* was either to go in underthe bayonets and take their chances to organize the House, or refusing to meet ander the itimidation of the United States troops, on whe ground that the State of South Carolina could hold a0 legal legislation in the State House while sccupred and controlled by soldiers, organize & House of their own, elect officers, appoint commit. bees and push their opponents at every point Any Stop in sach a condition of things as exists here is de- struction; going back means defeat. The only course 4s to go forward promptly and vigorously. They have fot done this, They are at sea, They do not know whether they aro bogus or whetber we are bogus. They aro uncertain which of us is the genuine old Dr. Jacob Townsend, and so they do nothing.” THK KY OF THR SITUATION. By dogrees'it is becoming more evident that the Jenate is the key of tho position. If the Hampton Touse holds on and tn’a fow days is recognized by the Senate Hampton will havo it all his own way. He will have the Supreme Court, most of the Circuit Judges aud ® Legisiature at his back, Chamberlain will only have his Mackey ramp, But, and here comes the gist of the matter, it the Senate holds on and forces the democrats to co back into Mackey’s Houso then Chamberiain will be on top and Hampton will have only his rump, anda . very smail ramp at that, to stand to him. The General Assembly organized thus will cot in Chamberlain ; he will be sworn Ip and the courts will have to recognize hix, and the body which inaugurated him. They will have no other course leit open. ‘ terribie results, There ts no doubt that Hampton is the choice of the State, All the whites, most of the prop- erty-bolding Discks and @ very largeaumber of blacks who have been swept in by his popularity, all ardently want bim to bo Governor. It he is unjustly deprived of what they believe he has been legally olectea to the State will be a scene of bloudshed, arson and vio. * Ience, from border to border, They will force a mill- tary governmont, and they do not hesitate fo tell you ——-—._— so, Um the mectimg of the Senate the democrats | terview, remarked that, from ‘wformation be had | of Anderson, a republican, re- for the same reasons, strongly THR GUMERNATORIAL QUEsTioN. ‘The concurrent ution of the Mackey House. ap- pointed to-day, at o'clock, to canvass the voto for Governor and Ligutenant Governor came up ia tho Senate to-day, and, a lengthy discussion, to the dismay of the Mackey body and the republican leaders, it was amended to take up the returns at twelve o’clock on Friday, to which time tbe Senate adjourned over, so that a final decision ‘of the gubernatorial question is impossible before that day. It is clear that the Senate is hesitating. A change of three votes is all thatis Beccssary to produce great results, and it is bot im. probaple that by the time of the mecting on Friday ‘that a change may becfiected. While it is true that the Semate bas refused to recognize the Hampton House At 19 equally twuo that it may change its mind ia the next forty-eight Bours. THR MABKAS CORPUS Case. ‘Phe case of habeas, corpus of the State Board came on before Judge Bond this morning at ten A.M. The counsel for the Board filed a copy of the record of all the proceedings before the Supreme Court, Counsel for the Supreme Court, Generals Connor and Johnson, filed affidavits sho that the Board wero at liberty by permission of Marshal, and wore substantially released from the p&nishment imposed on them by the Supreme Court tor thoircontempt. General Connor dircoted the attention of the Court to the tact that these men were in prison for punishment; that, under the pretence of habeas corpus, they were sct at liberty before this Court had decided whether they were Wrengfally imprisobed; that this was an outrage on the law ora ition of the process of this Court. If the Court took time to adviso in this case these men would be at matter how long it took the Court to decide, General id that it was.as if they wore im- prisoned im the P@nitentiary, sentenced by the Su- preme Court for @ felony or a murder, and yet they wore relieved of punishment without any court pass- ing on their case, ft was tho power of pardon exer- claed under the pretetice of habeas corpus, _ ‘THR MARSHAL! RESPONSIBLE. Judge Bond said'the Marsbal was responsible on his bond. All he hadilo do was to keep’ thom safely and Produce them when ordered. Ho might keep them#at @ hotel or Big own houso or at their own houses, | THR ARGUMENT, General Johnswn then moved to dismiss the writ and remand the prisoners to the custody of the Sheriff. PE had no jurisdiction and the ‘It showed they were imprisoned ment of the Suprome Court for jgment of any court in contempt ; that of a Supreme Court as to ids ali other courts and so does wn jurisdiction. jenny, for tho Board, argued that risdiction to bear. The judg- reme Court was void, it mn over Stato canvassers. the Supreme Court, says the question is whotge? this Court had jurisdiesion in habeas corpus to harge a prisoner committed for contempt of th: eme Court of the State. To state tho question was te answer it. General Connor afgued that no federal question was involved; tho prisoners wore State offloors; the point before the State Court was tho construction of tho State constitution and statutes. The prisoners were in court and argued their case. The Court is, sued ite mandate andy'tfiey!/apg¥eyod. it, /and ‘the Court committod th for contempt, ands under the law of tho. United States no other. court could revise or reverse their decision, The jurisdic” tion of the State Unitea States courts .was clearly defined; neither interfere with the other, The action of the Ji in this case practically re- from imprisonment imposed t, and tended to break r law upon which the safety of meral Connor closed with an Judge to decide the caso at an ‘iso tho prisoners were released termining whether it had jurig- contempt, The binds all other tho iaws of & its decision as to Judges Settle this Court ment of the society depends, earnest appeal to. early day, av while the Court diction. RESERVED, would take time to consider the ca general beliet of the public ts that he wit and never decide it for months, je practical effect of this action is the the State Board, imprisoned for contempt by the Su- preme Court, are released by Judge Bord; and Its sen- tence set as:de, THE EFFECT. ‘Therefore the Supreme Court will hardly proceed to require a correction of the Court in the case of the Presidential electors, and the Hayes electors will meet Wednesday and cast the vote of Sauth Carolina for him. Such are the effects of a writ of habeas corpus, LOUISIANA. THE RETURNS ALL OPENED—CONTINUATION OF DELAY IN ACTING ON THE DEMOCRATIC PARISHES—THE DEMOCRATIC ‘YISITOR8 ON THE PINKSTON OUTRAGE—AN ATTEMPT AT DRAMATIC EFFECT—THE AFFAIR WITHOUT POLITICAL SIGNIFICANCE. [BY TELEGRAPH TO THE HEHALD.] New Orieays, Noy. 29, 1876. The Returning Board opened the retarns from all the remaining parishes to-day, and all were laid over for future consideration under Packard’s general pro- test, There aro about twenty uncanvassed parishes ‘n this conaition, all with democratic majorities, The Board will now hear evidence in the intimidation cases up to Saturday evening at four o'clock, after which the committees will be excluded, and the vote will be counted and tabuiated in secret session. THE INTIMIDATION KVIDENCE, To-day was devoted to hearing the rebutting ovi- dence in the Pinkston outrage, which was as pointed In defence as yesterday’s was in accusation. There ‘was no oxcitement, members of the committee and counsel merely confining themsetves to interrogatories with the result that the democrats express confidenco in having nearly oxploded the charge, whilo the re- publicans claim the contrary. Both Kellogg and Judge Dibble maistained the tatter view when inter. viewed upon the subject, and appear to rely maloly upon this description of evidence to justify the con- templated action of the Board. A number ot simiiar charges are held in roserve, and will be produced as rapidly as possible. Jadgo Kelley lett for home this evening. DISARMING THE MILITIA. All tne volunteer military companies have been ordered to hand in their arms belunging to the State, which are being stored in the arsenal, THE PINKSTON CAsr, The Pinkston case has boen a prominent topic of conversation In the committee rooms to-night, At the democratic headquarters all agree in believing the supplementary outrage introduced this morning as being overplayed. GOVERNOR PALMER'S VIEWS. Governor Palmer, upon being interviewed, said that he is thoroughly satisfled that while the Pinkston murder was a great outrage, yet it had no political end, aim or motive, His remarks yesterday were in denunciation of the crime itself and because be thought the Board ought to allow the fullest investigation, in- stead of confining the defence to only two witnesses as proposed. He had told the republicans he would be willing to stay here six mouths and investigate it with one of their number, which proposition they declined. He is now clearly satisfied that tho affair was worked up and presented purely for sensational and dramatic effect, Bat the woman fad plainty over- acted her part, as the developments of to-day plainly proves. Ho is perfectly satisfied that tho white men charged in her affidavit had nothing to do with the murder, So far as that charge goes ho regards her story a8 pure fiction. It was gross cruelty on the part of Wella to refuse to probe the affair to the bottom, and deserves the soverest censure, Being an old anti-slavery man he (Palmer) had come bere determined to examine into any case of outrage that might be prosented very thoroughly and impartially, This was one in which the man was not a politicta nor bad any political connection been dervonstrated, While here he had noticed a disposition on the part of the republican politicians to utiiize. negroes in this manner. He had told Governor Kellogg this morning that, the State government being republican, tt ought to be in sympathy with the colored peopie, but it was not, They appeared to uso them mainly, if not only, for partisan purposes, GOVERNOR BIGLER'S STATEMENT. Governor Viairr, who was prewent at tho above in. | sense implied. He agreed with him in denouncing tho to-day received from the North, Governor Palmer's , remarks made at the Board yesterday bad evidently been entirely perverted and were not made inthe crime, but can find in it no political significance or connection. Tho affair. was ~ evidently eutirely perscaal in its nature. He had learned something by coming here. He had discovered a disposition upon ‘the part of | the colored people to fraternize with the whites; the two classes aro seemingly drawn together through the induences of bad government and their mutual neces- sities, - His rooms have been at times crowded with colored people, who all told him they wanted relief | from the present condition of affairs, He though the | Pinkston case had been carefully worked up, but it was overdone. From the evidence alroady adduced he could not credit the charge one instant. VIEWS OF MK, SMITH, OF WISCONSIN. Mr, Smith, of Wisconsin, joined in oxprgssing his assent in the same views and thought a dreadful con- dition of affuirg had arrived when the result of a Presi~ dential election was to depend upon such a story a8 ‘that told. yesterday. He. bad not noticed any excite- ment or feeling manifested at its recital before the Board, except by the people who knew all about it be- forehand. They manifested some surprise and horror, especially Judge Kell spent two or three hours A sindpsied bedside the meht before um had any truth, why dtd they restr! # yen'MS ‘he day, only two witnessos In the defence? HaeuAs conversation with Kellogg this forenoon, in wilt)!" told him that he now found that the negroes were used only as capital for the republican party. ‘MR, JULIAN’S OPINION, Mr, Julian langhed at tho attempt made at dramatic effect with this case, Ho believes the woman to bo half-witted and does not place the least confidence in her story, particularly after the supplementary outrago introduced this morning. VIEWS OF THE RRPUBLICAXS. The republican committee, of course, view events in Avery diferent light. Senator Halo, im an interview with your correspondent, stated that, bearing all the testimony taken so far in the Pinkston murder, he is more thoroughly satlefled’ than ever that .the decd was committed for the pur- pose, .of intimidation. He says. that he bas reviewed caretully the statoment of tho wife, Ellen Pinkston, and believes it to be as nearly correct as was Possible from am illiterate woman like her. In review of the evidence taken to rebut her statements the Senator said thatevery theory opposed tothe ‘bull- dozing” one was most flimsy. It was alleged that the murdered man had had o fight some timo previous to his killing with negro named Brooks, who had threatened revenge. The tendency of the testimuny taken on the demo- Gratic side is to estabiish this fact, and to indicate that the killing was a natural sequence of the threat, This, Senator Hale says, is impossible, trom the fact that Brooks Nimsoilf could wot have drag- god Pinkston out of bis cabin, and somo forty feet, to kill him, and then return to the cabin to kill the woman and child. Ho said that there could be no question that the woman Ellen, who testifies, is a violent, vindictive and maliciously disposed person; the fact was notorious in the neigh- borhood. The bodies were buried without in- quest, and nobody was charged with the crime, If we are to entertain the theory that the former snemy of Pinkston, one Brooks, committed the deed, it ought to be shown by the defence that gome effort had been ae to bring him to justice, which ‘docs not appear.» All the gentlemen who were prosont in tho room fot tho Republican Visiting Committee’ stated that they are as fally satisfied now of. the enormity. Mr. Hale does not believe that if she was manulactar- ing a story she would be able to act the part so well. The inaccuracies of statement in her affidavit, the Sonator says, show its truth, and ne said ho folt al, most like resigning his seat in the Senate to get such a case before a jury. SENATOR JOHN SHERMAN REVIEWS THE CASE, Senator Shorman agreed.with Mr. Hale, and said that he thought the case had been fully made outin the testimony already taken, The man Pinkston and tho babo had been murdered. Of the particulars of the outrage as they were told before the Bosrda contra- d@ction was attempted. The attempt which the woman reportsto nave been made upon her lile since she has arrived in the city they claim also is capable of veri- fication, A STORMY SCENE BEFORE THE BOARD, One stormy scene marked this morning’s session of the Board. A letter was read stating that threo ot the parties accused, naming them, had gone to tho resi- dence of Mra. Pinkston, jast night, and threatened her lite. While Mr, Swan, one of these parties, was on the stand, he and Mr, Tidwell, the planter upon whose plantation the outrage occurred, having been selected as the two witnesses for rebutial, he was asked by Anderson if he had heen at Mra. Pinkston’s house last nigit, and answered ‘* No,” Welis immediately shouted im angry tones, “I pro- test against this answer being recorded.”’ Wickliffe and others insisted that it should be. Tho discussion was short, bat sharp and loud, but Wells carried his point, ‘This was the most violent scene that has yet occurred. Of the parties alleged to have been examined in the Pinkston case one has been dead three or four months, and another has not been a resident of the parish for some time; another, a negro, brought down by the democrats as a witness, has been imprisoned here on the charge. The others are here, but as yet nosteps have been taken to arrest them. Ali bave prepared affidavits which will be laid before the public, ‘The work of preparing affidavits goos on at the Mar- shal’s office under the personal supervision of ex-Mar- shal Packard, who was to-day busily engaged in over- hauling the eld court dockets in remote pursuit of more Intimidation evidence. ANOTHER WITNESS ARRESTED, George Phillips, another of the Ouachita witnosses, ‘was arrested late to-night for the murder of Pinkston. PROCEEDINGS OF THE BOARD—THE TESTIMONY IN THE PINKSTON CASE TAKEN IN EXECU- TIVE SKSSION ON TUESDAY—CLAIM OF THE DEMOCRATS THAT THE OUTRAGE HAD NO POLITICAL SIGNIFICANCE, New Ontways, Nov, 29, 1876, The following were the proceedings belore tho Re- turning Board in executive session yesterday afser- noon :— Elza Pinkston (colored), one of the witnesses, was brought in on a chair carried by two colored men, attended by a colored woman. The witness was sworn and the following interrogatories propoundea to her by General Anderson :— Q Do zou live in Ward one, known as tho island, in the parish of Ouachita? A. 1 don’t know nothing about wards; I live in Ouwebite parish, at Hugh Young’s place. Q. Do you know what has become of your husband, Henry Pmkston? A. Yes, sir. @ Was he killed to the day or nighttime? A. He wa killed in the wight—in the morning, before day. Q. Was he jn the house and in bed when his mar- derers attacked him? A, Yor the manner in woien he was treated and kilied? A. Dr, Youog Was the fret ono that attacked at my door. Mr. Dory—Piease propound the question so ste may understand rt. ‘al Aoderson—You say that Dr. Young was A. He was the first one; they all rode by, or forty of them, and they said, “Is Henry tin? a friend of Henry’s is come tu guide linn to Montoe;’? I said, “But, Doctor, you ure not Henry's friend ;’” I peeped turoagh the crack and Earier burst the door Taig cried out, * him; be votes no he ‘has voted it ” they came into the house and gagged h:in; that is when thoy out tim on the leg; I suid, “Ob, Lord! don’t kill my hasband; ove Man struck mo. in the face ol that 18 wll I have got;”? and on the head wi President Wells—How many others besides Dr. Young? A There were several; I was a stranger in that parish; I knowed no more of them than what cach other called their numos; Frank Derms, 1 know him because he had his nose off; he was tue onty one and Captain Teboult that I kno: persovalty. Q. How did those parties attack and kill him? A, They ted his legs together wud dragged nim out of the door and stot him seven times; they hada pocket bandkerchict over bis month. acerient Wellx—How many times did they shoot iin? A. Every time they shot him he drew his breath; they shot bim seven umes. | A, State what those parvies told your husband about | fooling them as to joining their democratic club, A, | He told thom that he bad fooled them thus far, but he | them no further; one inan said, “Hurrah for and he said, “1 reckon by daylight Brewster would be d—d sorry that he got into this parivn,”” NEW YOKK HERALD, THURSDAY, NOVEMBER 30, 1876.—TRIPLE SHEET. was killed because be wasa republican; they finally got him; Tebault said, “Give him —, thi ———j; he will vote no more radical tickets; if he does he will vote mm —."" Q State how you were treated aud who ill-treated you. A. Iwill tell you; the doctor, the same mau that shot Henry, shot me once; some of them—! do not know who they were—had dealings with me, one spoke to another and said, ‘*] want some of that;”” they heid my legs up and jumped on me. President Weils—Did you see them that shot your A. Yes, sir; they shot me twice; when they came in the house they told me to put my baby down; Ltold them, “No, sir.’ Q What became of your child? If it was killed who did t? A, They came into the house and suid, “Put your baby down;”” I said, “Oh no, sir; what do you want to kill metor? I am nothing buta woman; if you kill me kill the whole of us; they cut my baby’s throat from ear to ear; I raised my hands; 1 let my baby fall; they wanted to take something from mo veture they Killed me; two of them had dealings with me; I ran under the bed when he shot me in the hh loa ign me by the jeg and pulied me owt and he bed; they cut me with the uxe; ove man |, “Ef you are going to kill the woman don’t be bothering with her,” and they wanted to kill me, and he cut withakvife; [struck him and i Hew up and thoy nover saw it again; they got another knite and they cut and stabbed me, and they cut me on the legs with the axe and on the side, At this point the woman unlastened her dress and her breast, which was ali cut up and a most ht to look at The effort of the examina- ransed ber to faint, and the examination was, therefore, delayed for a few moments until sho had recovered. Q In your last answer you stated that your child skilled. What became of your child's body! A. y threw itiu the lake, and we did not find st again jereleven days. BeWo you know of anyone else being killed, shot or mgd OM account of thelr politicn? a. I don’t » Sir, anything about it; I walked down to the ‘9F and 1 seen Marion Rnodes there with his guns @ Do you know of any persons who were driven away from their homes ou account of their politics ? A. Idon’t kuow, sir, what you call politics; I don’t know who they drove away but me; alll’ know is about mysel!. @ Did not many colored voters leave their homes at night through tear of these armed men riding over the hatnizhty A, Yes, sir; Lwent toa heap of peup! huuses, and they were all lying out tn the Woods to keep trom the bulldozers; two stayed up at the gia Louse; both were women. President Wells—You said that your husband had been thrown down, What was the action of the par+ ‘Mes that threw your husband down’? What portion of bis body did they cut? Did they cut any portion of his body? A. Oh, yes; they puta knife through and througti him; you could hear the knile grinding like you cut new icather; Captain Hivault told somebody to Jerk bis arms out, dent Wells—What part of his body was cut? A. He was cut down below and he was cut ia the ear. @ You stated in your answer that thoy had treated iZ improperly in regard to your person; that they jad improper intercourse with you. Was that before or after you were shot? A. That was beiore I was shot; they done nothing but this, and they asked the boys if any more of them wanted some? and they went to shoot mc; this thing was done outside, in tho Moonshine; they took an axe to cut me, but the axe ow off the handle. ‘By President Wetls—They first chopped you with an anothor |*axey A. Yos, sir; and struck me on Lhe bead with a pistol; they killed my child when they were fooling with one; after they bad killed my child I went to fight thom with all my might; then Logan stabbed mo here (pointing to her breast); somevody kuocked out be 7g jaw tecth; I did not ha hollow toosb in my en * ‘THE CROSS BXAMINATION. Mr. Ganthreaux—Would we be allowed to put a ques- ton to tho witness ? President Wells—You ought to file your cr rogatories. Mr. Gauthreaux—What wi ‘int is tho fullest inves- tigation of the case, and it seems to me there could be no objection on tho part of tne Board toany and all oe te can throw apy light on this investigation, 1 would like to ask this question of the witness, It sho aia not, on tho morning alter the occurrence, state to John Levanson aud Tidwell that a colored man Killed. her husband? ’ ‘The witness (emphatically)}—Ob, no; they wore not thero; there were two colored there, but Tidwell told me not to tell who they were; oh, 10; oh, no, no, No, ho; wo ain't going to have that way; ob, no, sir; they were white men; they all came back and tried to kitl me; but thoy cannot Lave anything that way. Mr. Murry—We have no objection to the fullest eross-exainibation by Mr, Spofford, Jndge Spotlurd—We are taken by surprise by the course taken by the Board—the ruling of the Board— and we are not prepared to go on. Governor Palmer—I may hore take occasion to say that this case invoives more than « Presidential elec- tion. It invoives the dignity and honor of human na- ture. 1 think that you will hardly satisly the country unless you give such directions as will lead to tbo complete development of all the facts in this case. Certainty the people have no right to claim any sort of a government like that which ix attempted tu be shown here. I think you owe it to the country to allow fre tno tacts to be developed. Senator Shermau—I coveur with you, Governor Palmer. 1 would like to Lave Governor Palmer and Judge Spofford cross-oxamine witnesses, so we might the facts, neral Smith—Tho mere cross-examination of this case Would not develop anything. 1t is to investigate facts from all the witnesses within a reagonabie num- ber who may know the character of this transaction mth this woman as detailed. 1 concur with Governor Palmer inwhat he said. It does not concern parties, ‘bat concerns humanity —You should not be permitted to say any lurther privilege than simply to to the leading counsel on the other side, “Cross. amine this witness,” would be to givo more privileges than is usual iu courts of justice. It would bea tilication to me it the examination could. hout tho annoyance of interrogatories, bat by such geptiemen as are before us—Mr, Smith or Mr. Falmer on one side, with any geuticmen who may be nominated by the Koard on the other, General Smith—It the Board will pardon me I desire y that we do not desire to interfere in the exam- ination of the wiiness. It would be proper that either do should do that. Thereare men entirely compe- tent on both sides to investigate thoroughly the tacts of the case,and a mers cross-examination of this woman would amount to nothing. As wo the suggestions made by Governor Palmer that every tact connected with the circumstances which this Woman details can or cannot be sustained, T can oniy state that) am informed by gentlemen who live 'n the neighborhood, aud whose characters, so far as I know, are good, that tue matters here set forth are not true, and they desire, the country 1 know aosires, after readin, ents of this kind, the en- tire facts, and they shall be set out in reference to the character of this (ransaction. A mero cross-examina- tion of the witness, the geatioman us a lawyer knows, would amount to nothing, and, moreover, 1 would say that thts proceeding 18 no conducted precisely as a case in court. Then, certainly, it cannot rest upun a cross- examination alone. "It would be proper to submit it to a court or jury, Whoso province it was to determine the real facts in the matter, Mr. Parker—There 1s no disagreement between us. Let the cross-exatmination proceed, and, at toe proper time, bring it in the courts, Judge Spoiford—We have just arriving on the train a large number of witnesses. Owing to the chango in the rules we will haveto serve our interrogatories twenty-four hours on the opposite counsel, I ask, ag inter- 4 matter of kimple justice, thut this case be postponed * sill we can coniorm to the rule, We are taken by sur- rie, Pryndgo Ray—1 desire to call attention {0 tho fact that we are compelied to make our return next Tuesday, or vy Monday, us next Wednesday the electoral vote bo given, If wodepart from our rules so far as avestigation is concerved, we will ot be able to resuitin time. There are tour or tive parishes xtill where investigations will have to be made now. { bope there will be nu departure from the rule. The courts of justice are open and the matter could be prosecuted there ang the whole facts could bo brought out. Mr. McGloin—I would like, as a white citizen of Loutsiana, tosay aword. I have in my hands the affidavits whieh will clearly disprove that this ontrago wos committed by white persoos, We bave a number of distinguished gentiemen here from all parts of the Union, Taig thing ts an imputation upon the reputa- tion of every citizen of Louisiana We will have 4 witness here to-moriow. Bat | say, though the heav- cis fail, let us clear this stuin on our escutcheon and show that the people of Louisiana are tet such fends as ney try toshow that they are. They will take the testimony ia any Way that you desire, Jauge Kelly, of Peunsylvania—t desire to state it ts now proposed to Cross-examine, i they will, I have never known counsel to refuse to cross-examine a wit ness for the Stmto antil after the Commonwealth's case should be closed, aud our degire is that you crosk-ex- amine the witness, General Smiti—-What the gentleman says is that their triends from Uuuchita, who know all about the transaction, are pot here, but will be ina very short Upea their information they can tntetligeutly seaming the witness; without them they can- not air, Parker Do they pretend ignorance of the de- tails? Mr. Morrey—All the interrogatories were known to the counsel on the othe ide, Since the 25th iust, thoy have had ample time to iniorm-tucnselves, have the opporiumity to propound isa fact that it is public notoriety, say that the Witnesses will never they come im the custody of the United 51 shals. - Governor Paimer—{ do not want to be understood as inierfering with the mere political con- test before the Board, Tuat is a matter 1 have scrupulously avoided, 1 se belore me a woman who hos been foally devit with. Certaiuiy it i her right; whettier it affects Tilden or Hayes i# a matter of hv consequence, the Board ought to ald as tn arriving atthe trath, If possible name une member of your Bourd who can go to another room and aliow the ex- anination to go on without reference to the voie. You will do au act of justice to the country and the people of this State, President Wolla—We are here to decide a political question, and the reputation of any one does wot de- pend upon our deer The courts are open f investigations and there is va opportunity to be whole matter sifted, The Board must go 01 gentionen don’t desire to cross-examine the witness under the arran; agreed upon by counsel on the other side, propound tier intr ogatorier. ‘The discussion was continued jor w considerable length of time, when the Board called. Ben Janes, who was examined and cestified 10 the treatment he te- ceived at tue hands of the bulldozers, and when be had finished bis testimcoy the deicnce concluded that they would cruss-examine the widow, Mra Finkston, and they did 80 at some length, at the conclasion of which the Board adjourned until ten o'clock to-day, Q, War not Henry Pinkston an active republican, j Sad was he not killed on that account? A, Ho YESTERDAY'S PROCEEDINGS, Alter cousiderabie time bad born speut iu discussion | regarding returns not reecived Governor Wells statea that the testimony ip the contested cases must be | Closed by Friday afternoon at four v’clock, He added that the Board would then go into executive session, and said the democrats could present two witneses in the case of Ouachita parish, and only one could be in the room utatine , Colonel Zacbarie said the other side was allowed three witnesses, aud he thought be should pave the fume privilege, Others of the democratic counsel pressed the same point, but Governor Wells allowed only two witnesses. Upon going into executive session General Anderson read @ report from Sorgeapt Chaumet, of the metro- Politan pulice, to the effect that at tifteen minutes past eight o'clock P. M. on Tuesday Messrs. Hugh Jen- Rings, 5am Young and Joseph Swain bad gone to she residence of Eliza Pinkston and propounded questions im regard to the killing of her husband, whether he had been killed by whiter or negroes, &e. The report went on to ty that one of the men put bis hand on bis pistol and ti Eliza Pinkston had tled from them. Mr. Gauth Colonel Zacharie and others of the demecra unsei called upon the Board to allow them to produce witnesses to prove that the charge was e. General Andorsou said it would not go into the records, . « Mr. Gauthroaax said it had been sent to the Board and read to produce an effect on the visitors, and he thought the accused should be heard, By request of Governor Wickiiife, Mr. Stubbs, a Jawyer of Oaachita, was heard, He said that two ot te persons named in the communication, Mr. Swain r. Young, were im the same room with him, No. I street, with about twenty other persons, the ning and up to one o'clock at night. McGioin said there were twenty other per- sons Who could swear to the same thing. Charles Tidwell and J. T. 8 stand Lo testily on beuall of the nocrats, and ques tioned according to interrogatories propounded by the republican counsel, the tater being allowed to exam- ine the wituesses orally, They gave rebutting tesu- movyto that given by Eliza Pinkston on Tuesday in the Ouachita case, THR RETORN. The returns from Lafayette, Grant and Tanzipanoa parishes were brought in during the day. ‘Lwo polls 1m Laiayette parish, giving 350 democratic wajority, were not found on the consolidated returns, but the vote was obtained from accompanying tally sheets. ‘There was a protest with tho returns, dated on the 28th. The vote of one poil in Tangipahoa parish was missing, and the tally sheets also wero absent, The returns of Grant parish were received from the United States Supervisor, The State Supervisor, after appointing Commissioners ot Election, lett the parish before the election, notwithstand- ing the protest of both republican and demo- crats, The election wag held, however, under the auspices of democratic and republican supervisors, wih the following result:—Hayes, 305; Tilden, 518, ‘The returns from Vernon, Franklin and Livingston Parixbes were opened and laid over. Statements trom all the parishes are now in, and the democratic committee has obtained the olliciat figures ot every parish, They vary only a tew hun- dred, due to the throwing out of polla trom tie figures heretolore telegraphed. On Tharsday the Board will dispose of the East Baton Rouge case. THE LOUISIANA COUNT, To tik Eprror oy tae Heravo:— Tho following is a compilation of the vote of nine- teon parishes, as made by the Returning Board up to Saturday night last:— tI¢ ort sgo't j2e8‘St [e2s‘st jore'st foss‘st |***"****“sitioy sse'L eer 't batg ssLvugoKaG : < ung sss049 | q900 | Avg | aa | % s se | g =P g af Ss & x 2 } 4) 2 Bie = & 5 < £ yom pegs 5 5 A al a 3| & isos‘es |sss'ec | sm2tgT i portpene ft eRe eee Syereone S E ISSSEES2ESR2E821 Respectfully submitted. J, R ALCEK GAUTHREAUX, of Committee on Returns. E A. BURKE, Chairman Committeo on Registration and Election, Democratic and Conservative Party, uorsfor oss FLORIDA. AN INTERESTING SESSION OF THE BOARD— TESTIMONY INTRODUCED BY DEMOCRATS TO BU!TAIN ALLEGATIONS OF FRAUD IN CoUN- TIES CONTESTED BY THEM, (Bx TELEGRAPH TO THE HERALD.) TaLLanasser, Nov, 29,,1876. ‘The session of the Board to-day, though uneventful, was profoundly interesting. The democrats mado their cases th Alachua, Clay and Baker, and the republicans replied to the charges in Alachua, Tho caso of the democrats against Alachua was made out beyond ques- tion in the morning session. It was creshing and con- clasive. It was weakened In the afternoon by tho in- trodaction of the affidavits irom Moore, Dukes and Webster, in which they stated that their affidavits to the democrats had been mado under fear, duress or misapprehension. A similar affidavit was introduced from Beiton, who succecded, however, in proving ina third affidavit that he was drunk when he made the second one. The democrats will re-eatablish Dak and Moore’s testimony: and add new polite in the morning. Ovor the 135 votes in Baker and tho twenty-three votes in Clay the dem- ocrats seem to have mado clear cases, The bogus re- turn from Baker cannot be made to stand a single day. It wiil hardly be brought to the point of contesting. OPINION PROM GENKRAL nanLow, Regarding Clay, Geueral Barlow says:—“There is no doubt in my mind that the democrats must have those twenty-three votes im Clay, They can’t be thrown out.” The notable feature of the day was the prom- inence given to Chandler in conducting the cases for the repablicans, He has taken the matter wholly in hand. General Barlow has become a quivt spectator, The Board will not adjourn tor Thankegivin; bat Will hold two sessions to-morrow, Night sessions are spoken of, and will probably be commenced on Friday, PROCKEDINGS OF THK BOARD, The Board met at ten o'clock. Secretary McLin stated that the Board had found {it necessary to en- force the rulo more strictly against oral argument of any sort, Ho begged that counsel would file their papers of protest or proof as promptly as possible, In responso to Mr, Chandler, of New Hampshire, he Stated that counsel un both sides would nave access to all papers that were filed. In reply to Mr, Raney, of the democratic sido, he stated that no affidavits would be permitted to be read before the Board. ALACHUA COUNTY. The case of Alachua county was then called. Mr Chandler, tor the Tepublicans, stated that the republi- cans would not be ready with the Alachua case until they had time to look over the evidence Sied by the democrats, The attacking party, Mr, Raney, for the democrats, thon fled jmber of afidayus tn relation to alleged frauds at Archer precinct, including affidavits rom the inspectors of election. He then announced that the democrats were ready to introduce witnesses. Mr. Chandler objected to the introduction of wit messes at present; the republicans were pot ready. Governor Brown, of Georg a, called attention to the fact that the Board coald not cut the plaintiff off im the fall presentation of his case, but that, when be had presented bis introductory papers, he must be allowed to finish his case. He further suid that when a wit ness was in court Dis testimony must be taken. Mr. Cowgill favored allowing the plaintiffs to pro- ceed, Judge Cocke thought the specifications should be read to the Board, ‘The Chairman opposed the reading of the specifics tions. Governor Browa insisted that the specification should be read, that shorthand reporters might taks them down; the country demanded it. . ‘The Chairman again stated that there would not br time, and be retused again to allow the democrats complete their case by the Introduction of a witoess. Genera! Barlow thought the witness should be tutroe duced. Judge Cocke moved that the Board proceed to have the specifications in the case of Alachua be read aud tho witnesses introduced, Mr. Sollers said that to fail to read the affidavits but simply tile them away in pigeon holes would be to mauzzis the investigation, He demanded either that the aifidavits be read or that the Board cease to hold an apparently public session aud go into real secret session, General Barlow thought they should be read, Cowgill and Cock agreed and the specifications were then read, THE SPECIFICATIONS. The first recited that 219 votes more than were polled at Archer precinct were counted, They sube mitted an affidavit of Mr. Fleming, a citizen qf the county, Who was at the precinet all day, certifying that only 319 votes were cast, and trom four citizens, who swore that they were present when the voto was announced by the inspectors in the evening and that result announced was 178 for Hayes and 141 jor Tilden; aiso the affidavit of-two inspectors of the three who were at the polls, who swore that the returns as footed up by them showed a total of only VWSand 141, and that the returns had since been changed. Thoze inspectors were Floyd Duke and Green Moore, oneacolored republican, the other a white democrat, THE WITNESSES. Mr. Fleming, a witness, was then introduced. He swore that he was at the poll from the opening ullthe close; that he knew of one man who voted twice and also that two names appeared on the al- loged poll Ist as having voted who bad been “dead two years, J. L. Lewis and Diek Bell, He kept a list of names and numbers of every voter, writing down every name as it was called by the inspectors; that 305 votes were cast from outside the room and fourteen tuside the room, He swears positively that no more votes than this were cast. Ho furnished the written list kept by him, which ho had kept by him. Ho had kept storo at Archer presinct foreieven years, Mr. Fleming then retired. Mr. Samuel C. Tucker was then introduced :—Waa present at Archorgat the canvass of the vote. He helpdd to count by request of the inspectors, keeping a writ. ten tally. He preserved the tally and bas it with nim, He read tho tally—a dirty and rather worn piece ot poper—in which tho result was 141 tor Tilaen and 178 for Hayes. He says he asked Mr. Black, one of the inspectors, for a certified copy of the returns, which he refused to give, but said he would announce the vote to the public. He then callod out the figures to the people who were outside, and they tallied with his paper, Mr. George Bletz was then introduced. He stated that men were alleged to have voted who were dead at the time, Eugene Allen's name was on the poll list, and he was in Fernandina ali day during the olection ; be was manager at box No. 1; hoe went into the room whero box No, 2 was and asked the vote; he got it from an inspector and heard it afterward apcounced, He swears that it was 141 and 178. The democrats then closed their testimony o@ Alachua, The republicans stated that they would /* ready at four o'clock. THK DEMOCRATIC Case, The affidavits of the democrats are strong and cone clusive. Besidos two aflidavits from two cf the elec tion inspectors, Moore and Dukes, who swore that the return sent up to the Board was incorrect and that only 319 votes were cast at the precinct, they had the aflidavit of the Circuit Judge, who swore that he saw the ballot box opencd and that there were only 319 votes in it; the afllidavit of Justice Belton, who swore that he was cognizant of the fraud at Archer and would not, as a member of the County Board, sign avy return¢ that acquiesced in that fraud; the affidavit of Webster, clerk of the county, who swore that, though cognizant, of the fraud at Archor, bo felt it to bo his ministeriag ducy to sign tho return that it might go to the State Board to be acted on. CLAY CoUSTY. Baker county was passed for a fow moments and Clay was taken up, The democratic managers offered a certified copy of tho returns of No. 11 precinct, duly sworn to, This precinct, with 23 democratia majority, was omitted from the canvass because the evidence that 11 was sworn to was not present whi the canvass was made. Presenting the retura in due shape they ask that tho 23 votes be included in the canvass, BAKER COUNTY. mes. Baker was then taken up, The specifications by the democrats were objections to the first roturns which were read, which recited that Hayes had 130 votes and Tildes 89, on the ground that another and true return had been received, showing the vote to be:—Hayes, 143; Tilden, 238. They propose to prove’ this vy afb. mitting papers. He read a* paper trom M. J. Coxe, County Clerk, and ez officio member of the County Board, swearing that tho return giving Tilden 235 and: Hayes 143 was the true return, a copy of which was on file in bis office, as required by law; thut no other re- turn had been certified by him or submitted to him; that he knew nothing of a canvass said to have taken place by the judge and Sheriff; that be had not been notified that such a canvass would take place, nor requested to take part in it as required he shall - be by law; the aMdavits of inspectors of four demo, cratic precincts, swearing that tho returns from those precincts were regular and legal, but had been ex. cluded from the canvass purporting to have been made by the judge and Sheriff, Neither side was ready on any other count, and the Board adjourned, AYTERNOON SESSION, ‘The Board met for evoning session at four o'clock, It was announced that ex-Governor Noyes would con- duct the defence im the Alachua case, Tho ex- Governor read ® paper which denied all charges made by the democrats and containing the essence of tho affidavits for the defence; a certified copy of the certificate of the result; an affidavit of RH, “Black, who swears that the certified copy of the re- turns contain tho truc number of votes cast, and who awears that as United States Supervisor as well as In- spector, he helped to count the votes, and that the re- sult reported was the true result; an aMfdavit of Green R. Mooro, reciting that the affidavit he furnished the democrats, denying the correctness of certificates of election, was given when be was under strong mental excitement aad was false in every particular; an aM@davil of Floyd R. Duke, stating that he was induced by the democrats to give an affidavit which he uow retracted; that ho bad given the affidavit usder duress and when he was in great fear of personal violence; an affidavit ot Belton, Justice of the Peace, swearing that he had withheld his name from returns under s misapprebon- sion of the facts; that he now voluntarily signs bis name to the roturn; an offidavit from Webster, Coumy Clerk, who swears that the statement by him reciting iraad and alteration of the returns at Archer precinct, ‘was made at tho solicita of democrats, and that he now cheerfully withdraws it. This is followed by ami. davits from about 200 colored voters who swear they voted at the Archer precinct. ‘The democrats offered several affidavits im rebuttal of them, one trom Justice Belton, reciting that if he had ever signed any roturns or afflaavit he did ft when he was irresponsible and uuvonscioas, and also afl. davits {rom several citizens of Alachua swearing tbat on the day Belton signed the retarn—on the 23d of November—bo was totally druvk apd was in the hands of the republicans all day in a siate of intoxication; iso an aMdavit from Judge Dawkins, saying that no threats, intimidation or undue influences were used to get the Moore and Dukes affidavits, They Grephed to Alachua for both Moore and