The New York Herald Newspaper, November 30, 1876, Page 6

“THE GREAT IMBROGLIO, Federal Troops Still 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, WHE MILITARY SITUATION UNCHANGED—THE QUORUM OF THE REPUBLICAN HOUSE IN- CREASED BY THE ADMISSION OF DEFEATED CANDIDATES—PROTEST OF LEADING REPUB- LICANS—HESITATING COURSE OF THE DEMO- “ORATS—THE KEY OF THE SITUATION IN THE HANDS OF THE SENATE. a: [BY TELEGRAPH TO THE HERALD.] 2 Couumata, Nov. 29, 1876. : military situation is unchanged, The troops 1 occupy the State House. Two sentries stand at the north front at the haif open door, which is just ‘wide enough to adinit one man at a tim the door of the Supreme Court enough to allow free ingress to the court room. The measured tread of tho sentries, the cal lof the corporal of the guard, reverberating through the arched coiling of the corridors; the rattle of muskets as the relief went on duty, the clang of arms asthoy stackea or unstacked them, all made a Scene strangely thrilling, impressive and sug- Bestive of a condition of society not peace- ful It all bore the impress of power; it waa the mark and insignium of force. Here was a bandiul of men uniformed in blue standing between a people, aud, 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 are assafoasin the bastion of Fortress Monroe. Nota hand {s raised, not a thought of bitserness 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 “ghd people. There is no indignation against tho sol- ‘ gras alter the diers, there is rather py; they are but tools used to perpetrate a great wrong, and tho people feel sorry for thom that they should be so degraded in thetr 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 gent the Sergeant-ate He went all over the ity, and at bh, after over two hours’ waiting, Hamilton, & very independent colored republican, from Beaulort, who was the party they were waiting for, walkea in of his own accord. The moment he entored up got the chairman of the Committee om Privileges and Elections and made a report seating the tive colored contestants irom Barnwoll. Tho State canvassers bad decided in favor of the democrats from that county, andthe 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 moro intelligent members and those with some idea 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 pressing the measure, PROTEST OF A REPUBLICAN, “I, sald 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 now asa republican, to beg you to refleet. We are aothing more than a rump parliament at best; even she legality of our organization ts seriously to be ques- tioned, and I bescech you not to do this which will Prové to be the Iast straw to break the camel’s back. The ey of the whole country are apon us; pass this measuro and the moral support 0f tne Northern people upon which we should rely for countenance will be withdrawn, and the bayone! will be withdrawn from yonder door at the same time. 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 belore fark they pressed the vote and the report was adopted dy A5fyeas to 14 nays, The Beaufort men, five coarse, Anlotiered negroes, at once made their appearance and were promptly sworn in. The House then adjourned ‘tntil to-morrow at twelve. COURSE OF THE DEMOCRATS, The democrats, to all appearance, have been acting with a plentiful lack of wisdom for the last twenty- four hours. They appear undecided, hesitating and aciliating. ‘Their course,” said @ Jeading repubil- tan, ‘was either to go in understhe bayonets and take their chances to organize the House, or refusing to meet ander the intimidation of the United States troops, on the ground that the State of South Carolina could hold 20 legal legislation in the State House while vecupied and controlled by soldiers, organize * House of their own, elect officers, appoint commit. keos and push their opponents at every point Avy stop in such a condition of things as exists nere is de- struction; going back means defeat. The only course isto go forward promptly and vigorously. They have got done this, They are at sea. They do not know whether they aro bogus or whether we aro bogus, they aro uncertain which of us is the genuine old Dr, Jacob Townsend, and so they do nothing.” THK KKY OF THE SITUATION. By dogrees'it is becoming more evident that the Jeuate is the key of tho position. If the Hampton Touso holds on and in’a fow days is recognized by the Senate Hampton will havo it all his own way. He will ve the Supreme Court, most of the Circuit Judges aud a Legisiature at his back. Chamberlain will only have his Mackey rump. But, and heré comes the gist of the matter, Mt the Senate holds on and forces the democrats to go back into Mackey’s House then Chamberiain will be bn top and Hampton wil! have only his rump, anda very small rump at that, to stand to biw. The General Assembly organized thus will counts he will be sworn bt Chamberlain; ‘ad the courts will havo to recognize and the body which tnawgurated him, They will ‘© no other course left open, y terribic results, There is no doubt that Hampton is the choice of the State, All the whites, mont of the prop- erty-bolding blacks and a very largeaumber of blacks who bave been swept in by bis popularity, all ardent’ y want him to be Governor. It he is unjustly deprived of what they vel he has been legally elected to the State will be a scene of bloudshed, arson and vio- lence, from bord jo border. They will force a mili- tary goverumont, and they do not hesitate go tell you recorded their Senator Coch: of Anderson, a republican, re- corded his protest for the samo reasons, strongly and pointedly ‘THE GUMERNATORIAL QUESTION. The concurrent ution of the Mackey House. ap- Pointed to-day, at o'clock, to eanvass the vole for Governor and Li¢utenant Governor came up in tho Senate to-day, and, alter 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 whichime the Senate adjourned over, so ‘that a final decision of the gubernatorial question is impossible before that day. Lt is clear that the Senate is hesitating. A change of three votes is all thatis Recossary to produce great results, and it is pot im. Probaple that by the time of the mecting on Friday that a change may becffected. While it 1s true that the Senate has refused to recognize the Hampton House it i equally truco that it may change its mind ia the next forty-eight Hours. THE MABKAS CORPUS Case. ‘The cage of habeas, corpus of the State Board came on before Judge Bond this morning atten A.M. Tne 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 panishment imposed on them by the Sapreme Court tor their contempt. General Connor directed 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 bad decided whether they were wrongfally 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 theso men would be at jo matter how long it took the Court to decide, General. mid that it was,as if they wero im- prisoned in the itentiary, sentenced by the Su- ‘felony or a murder, and yet they wore relieved of punishment without any court pass- ing on thesr cage,” It was the power of pardon exer- cised ander the preterice of habeas corpus, THR wARsmAL! ae Judge Bond o Mat ‘was responsible on his bond. Allhe do was to keep’ them safely and Produce them when ordered. Ho might keep t¥em*# at 8 hotel or Dis own bouso or at their own houses. TUR ARGUMENT. General Johnsvn then moved to dismiss the writ and remand the prisoners to the custody of the Sheriff. He argued that ufhad no jurisdiction and the Petition showed ‘It showed they wero imprisoned in execution of a ment of the Supreme Court for contempt, The binds all other the 1aws of its decision as to jgment of any court in contempt that of a Supreme Court as to ds ali other courts and so does wn jurisdiction. Judges Settle nny, for the Board, argued that this Cours risdiction to hear. The judg- ment of the reme Court was void, it had no) jw jon over Stato canvassers. ir the Supreme Court, says the question is whotge® this Court had jurisdieiion in habeas corpus to sharge a prisoner committed for contempt of the §: me Court of the State, To state the question was t¢ answer it. General Connor afgued that no federal question was involved; tho prisoners wore State offlcers; tbe point before the State Court was the construction of the State constitution and statutes. The prisoners were in court and argued their 0, The Court is, sued its mandate and they” dit,’ and “the Court committed them’ for contempt, and) un the law of tho. United’ States .no other. court could revise or re their decision, The jurisdic” tion of tho State add Unitea States courts .was clearly defined; neither copid interfere with the other, The action of the Ji in this case practically re. leased the pi from imprisonment imposed by a State t, and tended to break down that respi 3 law upon which the safety of society depends. neral Connor closed with an Judge to decide the caso at an ‘ise tho prisoners were released termining whether it had juris- early day, av while the Court diction, WN RESERVED. The Judge said would take time to consider the case, general beliet of the public is that he wil Page toon _and never decide it for months, © practical effect of this action is tho tbe State Board, imprisoned for contempt by the Su- preme Court, are released by Judge Bond; and its sen- tence set aside, THE XFFECT. Therefore the Supreme Court will hardly proceed to require acorreetion 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 haveas corpus, LOUISIANA. THE RETURNS ALL OPENED—CONTINUATION OF DELAY IN ACTING ON THE DEMOCRATIC PARISHES—THE DEMOCRATIC ‘ISITORS ON THE PINKSTON OUTRAGE—AN ATTEMPT AT DRAMATIC EFFECT—THE AFFAIN WITHOUT POLITICAL SIGNIFICANCE. (Bx TELEGRAPH TO THE HEHALD.] New Oxxaxs, Nov. 29, 1876. The Returning Board opened the returns 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 condition, all with democratic majorities, The Board will now hear evidence in the intimidation cases upto Saturday evening at four o’clock, after which the committees will be excluded, and the vote will be counted and tabulated in secret session, THE INTIMIDATION EVIDENCE, 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 themseives to interrogatories with the result that the democrats express confidence in having nearly oxploded the charge, whilo tho re- publicans claim the contrary. Both Kellogg and Judge Dibble maiital the latter view when inter- viewed upon the subject, and appear to rely mainly upon this description of evidence to justify tho con- templated action of the Board. A number ot simfiar charges are held in roserve, and will be produced ag rapidly as possible. Judgo Kelley leit for home this evening, DISARMING THE MILITIA, All tne volunteer military companies have been ordered to hand in their arms belonging to the State, which are being stored in the arsenal, THK PINKSTON CASK, The Pinkston case has been 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 interviewod, said that he is thoroughly satisfied 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 he 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 months 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 plainly over. acted hor part, as the developments of to-day plainly proves. Ho is perfectly satisfied that tho white men charged In ber affidavit had nothing to do with the murder, So far as that charge goes ho regards her story ag pure fiction. It was gross cruelty on the part of Wells to refuse to probe tho affair to the bottom, and deserves the soverest censure, Being anold anti-slavery man he (Palmer) had come here determined to examine into any case of outrage that might be presented very thoroughly and impartially. This was one im which the man was not a politician, nor bad any political connection been demonstrated, While here he had noticed a disposition on the part of the republican politicians to utilize negroes in this manner, He bad told Governor Kellogg this morning that, the Stato government being republican, it ought to be in sympathy with the colored peopie, but it was not, They appeared to uso them maialy, if not onty, for partisan purposes. GOVERNOR BIGLER'S STATEMENT. Governor Bisirr, who was present at tho above In- Ww-day received from the North, Governor Palmer's remarks made atthe Board yesterday bad evidently been entirely perverted and wero not made inthe | sense implied. He agreed with him in denouncing tho crime, but can find im it no political significance or connection, Tho affair - was | evidently eutirely perscaal in its ature. 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 are seemingly drawn together through the induences oj 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 affaira, He though the | Pinkston case had been carefully worked up, but it was overdone. From the evidence already adduced he could not credit the charge one instant, VIEWS OF MR, SMITH, OF WISCONSIN. Mr, Smith, of Wisconsin, joined in expressing his assent in the same views and thought a dreadful con- dition of affairs had arrived when the result of a Preat- dential election was to depend upon such a story a8 hat 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- foreband, They manifested some surprise and horror, especially Judge Kelley, _wno _ had spent two or three hours a’ bedside the night belore WRee had any truth, why did they restr!) s+" only two witnesses In the defence? fe conversation with Kellogg this forenoon, m wh. told him that ho now found that the negroes were used only as capital for the republican party, Ma, JULIAN’S OPINION, Mr, Julian langhed at the attempt made at dramatic, effect with this case, He believes the woman to be half-witted and does not place the least confidence in ber story, particularly after the supplementary outrage introduced this morning. VIEWS OF THR REPUBLICANS. The republican committee, of course, view events in avery diferent light’ Senator Hale, iu an interview with your correspondent, stated that, after hearing all the testimony taken so far in the Pinkston murder, he ‘is; more thoroughly satiefled than ever that the deed was committed for the pur- »pose of intimidation. He says. that he hag reviewod caretully the statement of the wife, Ellen Pinkston, and belioves it to be as nearly correct as was posaible from an illiterate woman like her. In review of the evidence taken to rebut her statements the Senator said that every theory opposed tothe ‘bull- dozing” one was most flimsy, It was alleged that the murdered man had had a fight some time previous to his killing with anothor negro named Brooks, who had threatened revenge. The tendency of the testimuny taken on the demo- cratic 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 himsolt could wot have drag- god Pinkston out of his cabin, and somo forty feet, to kill bim, and then return to the cabin to kill the woman and child. Ho said that there could bo no question that the woman Ellen, who testifies, is a violent, vindictive and maliciously disposed person; the fact was notorious in the nelgh- borhood. The bodies were buried without in- quest, and nobody was charged with the crime. If we are to entortain the theory that the former enemy of Pinkston, one Brooks, committed the deed, it ought to be shown by the defence that somo efforts bad been made to bring him to justice, which does not appear. All the gentlemen who were present in tho room | ——~; be will vote no more radical tickets; if he docs | they NEW YOkK HERALD, THURSDAY, NOVEMBER 30, 1876.—-TRIPLE SHEET. so. ©m the meeting of the Senate the democrats | terview, remarked that, from information be had | was killed becauso be was republican; they finally | got him; Tebault said, “Give him ——, the — — — he will vote in —."” Q State how you were treated and who ill-treated you. A. Iwillteli you; the doctor, the same man that shot Henry, shot me once; some of them—I! do not know who they were—bad ings With me, one one to another and said, ‘1 want some of that;’” eid my legs up and jumped on me. President’ Weils—Did you see them that shot yout A. Yes, sir; they shot me twice; when they came in the house they told me to put my baby down; I told them, ‘No, sir,” Q What became of your child? If it was killed who dia t? A. They came into the house and said, “Pus your baby down;”’ I said, “Oh no, ; What do you want to kill me for? I am nothing but a woman; if you kill mo kill the whole of us:”” they cut my baby’s throat from ear to ear; I raised my hands; tet my baby fall; they wanted to take something from w before they Killed me; two of them had dealin: with me; Iran under tie bed when he shot mein the Jeg; they caught me by the leg and pulied me out and broke the bed; they cut me with the axe; one man said, “If you are going to kill the woman don’t be bothering With ler,” and they wanted to kill me, aud he cut me with a kaife; struck him and i Mew up aod they never saw it again; they got another kuite and they cut and stabbed and they cut me on the Jegs with tho axe and on the side, At this point the woman untastoned her dress and exposed her breast, wich was ali cut up and a most horrible sight to look at The effort of the examina- tion caused ber to faint, and the examination was, therefore, delayed for a tew moments until sho bad recovered. Q In your last answer you stated that your child s killed. What became ot vour child's body? A. threw it in the lake, and we did not find st again r eleven days, Do you know of any one else being killed, shot or ed On account of their politica? A.’ I don’t *, Sir, anything about it; I walked down to the und I seen Marion Rnodes there with his guns fe @ Do you know of any persons who were driven away from their homes on account of their polities ? A. I don’t kuow, sir, what you call politics; I don’t know who they drove away bat me; all l’know is about mysel!, Q Did not many colored voters leave their homes at wight throuzh fcar of theso armed men riding over the parish at night? A, Yes, sir; L went toa heap of peupie’s huuses, and they were all lying out in the Woods to keep trom the bulidozers; two stayed up at the gin house; both were women, President Wells—You said that your husband had been thrown down, What was the action of the pars ties that threw your husband down? What portion of bis body did they cut? Did they cut any portion of his body? 4. Oh, yes; they puta knife through und throug him; you could hear the knile grinding like you out new leather; Captain Hivault told somebody to Jerk bis arms out, adent 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 tbat thoy had treated zou 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 thoy asked tho boys if apy 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 axo flew off the handle. By President Weils—They first chopped you with an axe? A. Yes, sir; and struck me on the head with a pistol; they killed my child when they wero tooling with one; afterthcy bad killed my child I went to Might them with all my might; then Logan stabbed me here (pointing to her breast); somevody knocked out amy jaw tecth; I did not have a hollow toosb in my se THE CROSS EXAMINATION, Mr. Ganthreaux—W ould we be allowed to put a ques- Mon to the witness? President Wells—You ought to file your cross-inter- Fogatories. Mr. Gauthreaux—What wo want is the fullest inves- tigation of the case, and it seems to me there could be no objection on tho part of the Board to any and all Dy Abeta ag can throw apy light on this investigation, 1 would like to ask this question of the witness, It she did not, on tho morning alter the occurrence, state to Jobn Levanson aud Tidwell that a colorea man ktiled her husband? ' ‘The witness (emphatically)—Oh, no; they wero not there; there were two colored men there, but Tidwell told me not to tell who they were; oh, 10; oh, no, no, NO, no; we ain’t going to have that way; oh, no, they were white men; they all came back and tri kill me; but thoy cannot have anything that way, Mr. Murry—We have no objection to the fullest cross-exaininution by Mr. Spotford. of the Republican Visiting Committee stated that they are as fully satisfied now of the enormity. Mr, Hale does not beliove that if she was manufactar- 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 he folt al, most like resigning his seat in the Senate to get such a case before a jury. SENATOR JOHN SHERMAN REVIRWS THK CASE. Senator Shorman agreed.with Mr. Hale, and sald that he thought the case had been fully made out in the testimony already taken. The man Pinkston and tho babe had been murdered. Of the particulars of the outrage as they were told before the Board contra- d’ction was attempted. The attempt which the woman reports to have been made upon her lite since she has arrived in the city they claim also is Capable of veri- fleation, A STORMY SCENE BRPORE THE BOARD. One stormy scene marked this morning’s session of the Board. A letter was read stating that three ot the parties accused, naming them, had gone to the resi- dence of Mrs. Pinkston, Jast night, and threatened her lite. While Mr. Swan, ono of these parties, was on the stand, he and Mr. Tidwell, the planter upon whose plantation the outrage occurred, haying been selected as the two witnesses for rebuttal, he was asked by Anderson if he had heen at Mrs. Pinkston's house last nigit, and avswered ‘*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 threo or four months, and another has not been a resident of the parish for some time; another, a negro, brought down by tho democrats as 4 witness, has been imprisoned here on the charge. The others are here, but as yet no steps have been taken toarrcst them. Ali bave prepared affidavits which will be laid before the public, ‘Tho work of preparing affidavits goos on at the Maor- 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 romote pursuit of more Intimidation evidence. ANOTHER WITNESS ARRESTED, George Puiilips, another of the Ouachita witnesses, was arrested late to-night for the murder of Pinkston. PROCEEDINGS OF THE BOARD—THE TESTIMONY IN TH PINKSTON CASE TAKEN IN EXECU- TIVE SESSION ON TU£SDAY—CLAIM OF THE DEMOCRATS THAT THE OUTRAGE HAD NO POLITICAL SIGNIFICANCE. New OntEans, Nov, 29, 1876, The following were the proceedings before the Re- turning Board in executive session yesterday after- noon :— Elza Pinkston (colored), one of the witnesses, was brought in on a chair carried by two colored inen, attended by a colored woman. The witness was sworn ard the following interrogatories propounded to her by General Anderson :— Q Do Joa live in Ward one, known as the island, in the parish of Ounehita? A, I don’t know nothing about wards; I live in Ouwebite parish, at Hugh Young’s place, @ Do you know what has become of your husband, Henry Pinkston? A. Yee, sir. @ Was he killed io the day or nighttime? A. He wad killed in the night—in the morning, before day. Q. Was he ju the house and in bed when his mar- derers attacked him? A, Yes, sir. Q. Give the names of those who attacked him ana the manner in woicn he was treated and kilied? A, Dr, Young Was tho frat ono that attacked at my door. Mr. Dory—Piease propound the question go sie may understand it. General Anderson—You say that Dr, Young was there? A. Ile wus the first one; they all rode) by, thirty or forty of them, and they said, “Is Henry in? a friend of Henry's is come tu guide hin to Monroe:” I said, “But, Doctor, you ure not Henry's friend ;’" I peeped turough the crack and Earier vurat the door open; Captam Craig cried out, “Gag him; by ex Do radical ticket; be may vote tt im beil; be bas voted it thus far and may vote it no tarther ey came ino the house and gagged him; that is when thoy cut him on the leg; [gaid, “On, Lord! don’t kil my hasband; that i6 all | have got;"’ one man strack me. in the taco and of the head with his pietol; they said, “Leave the —————;" | sald, “Phat is ‘my busband;” I | grabbed Dr. Young aud he struck me with Lis pistol | and knocked me down on the hearth, % President Wells—How many others besides Dr. Fouug? A ‘There were several; I was @ stranger in that parish; I kvowed vo more of them than what cach | other called their numos; Frauk Derms, 1 know im because he had bis nose Off; be was tue onty one and Captain Teboult that I knowed personally. | Q. How did those parties attack and kill him? A, | They tied his legs together and dragged him out of tho door and shot him seven times; they hada pocket bandkerchiet over bis month. ate lent Wells—How many times did they shoot in A. Every timo they shot him he drew his breath; they shot bim seven mes. A, State what those parties told your husband about fooling them as to joining their democratic club, A, them that be bad fooled them thus tar, but he | them no further; one man said, “Hurrah Tr,” and he said, “1 reckon eby daylight if would bed—i sorry that he got ipto this ris! Q, Was not Henry Pinkston an active republican, Sad was he not Killed on thut account? A, Ho Jndge Spotlurd—We arc taken by surprise by tho course taken by the Bi i—the ruling of the Board— ‘aud we are not prepared to go on. Governor Palmer—I may here take occasion to say that this case invoives more than « Presidential elec- tion, It involves the diguity and honor of humaa na- ture. I think that you will harilly satisfy the country unless you give such directions ag will lead to tho complete development of all the facts in this case, Certainly the people have po right to ciaim any sort of @ government liko that which 8 attempted tu be shown here, I think you owe it to the country to allow Are too tacts to be developed, Senator Sherman—I coveur with you, Governor Palmer. 1 would like to have Governor Palmer and Jadgo Spofford cross-examine Witnesses, so we might the facts, General Smith—The mere cross-examination of this case would not develop anything. It is to investigate Jacts from all the witnesses within a reasonabic num- ber who may know the character of thie transaction with this woman etailed. 1 concur with Governor Palmer in-what he said. It does not concern parties, ‘bat concerns humanity. Mr, Parker—You should not be permitred to say that, To give any lurther privilege than simply to say to the leading counsel on the other side, +Cross-0x- amine this witness,” would be to give more privileges than js usual iu courts of justice. It would bea very great gratification to me if the exammation could be carried ou without the annoyance of interrogatories, bat by such geptiemen as are before us—Mr, Smith or Mr. Palmer on one side, with any genticmen who may be nominated by the Board on the other, General Smiutb—If the Board will pardon me I desire to say that we do not desire to interfere in the exam- ination of the wiiness. It would be proper that either sido should do that. There are men entirely compe- tent on both sides to investigate thoroughly the tacts of the ease, anda mere cross-examinatioa of this woman would amount to nothing, As to the suggestions made by Governor Palmer that every tact connected with the circumstances hh ths Woman details can or cannot be sustained, I can oniy State that) am informed by gentlemen who jive 'n the neighborhood, aud whose characters, so far as 1 know, are good, that tue matters here set forth are not true, and they desire, avd the country 1 know acsires, after reading statements of this kind, the en- tire facts, and they shall be set out in reference to the character of this transaction. A mere cross-examina- tion of the witness, the geatloman us a lawyer knows, would amount to nothing, and, moreover, I would say that this proceeding 18 noi conducted precisely ase in court. Then, certainly, 1t cannot rest upun a ci examination alone. — It would be proper to submit it to a court or jury, whose province it wasto determine the real facts in the matter, Mr. Parker—There is no disagreement between us. Let the cross-examination procecd, aud, at toe proper ng it in the courts, poitord—We have just arriving on the train a large vumber of witnesses. Owing to the chango in the rules we will haveto serve our imterrogatories twenty-four hours on the opposito counsel I ask, as a matter of simple justice, that this case be postponed * sill we can coniorm to the rulu, We are taken by sur- rise, : Judge Ray—1 desire to call attention to the fact that we are compelled to make our return next Tuesday, or by Monday, us next Wednesday the electoral vote must bo given, If wo depart from our rules so far us the investigation is concerued, we will not be avietoar- rivo ut the resultin time. There are four or five parishes still where investigations will bave to be made now. [ hope there will be no departure irom the rule. The courts of justice are open and the matter could be prosecuted there ang the whole fucts could bo brought out. Mr. McGloin—I would like, a white citizen of Loutsiana, tosay aword, I have in my hands the affidavits which’ will clearly disprove that this ontrage ‘ed by white perso: We have a number geptiemen here from all parts of tho Vaion. thing Js au imputation upon the reputa- tion of every citizen of Louisiana, We will have a witness here to-morrow, But | say. though the heav- cis full, Jet us clear this stuin on our escutcheon and show that the people of Louisiana are not such fends as tuey try toshow that they are. They will take the testimony ia any way that you desire. Judge Kelly, of Peonsylvania—I desire to state it is now proposed to cross-examine, i they will, [ have never known counsel to refuse to cross-examine a wit- neva for the Stato antil after the Commonweaith’s case should be closed, and our desire is that you crosh-ex- ainine the witness, General Smith—What the gentleman says is that their friends from Uuachita, who know all about the transaction, are not here, but will be in a very short time, Upen their information they oan intetligently cros#eXamine the witness; without them they can- not. air, Parker =Do they pretend ignorance of the de- tails? Mr. Morrey—Ail the interrogatories were known to the counsel op the other side. Since the 25th inst, thoy have had ainple ume to iniorim-tuemuselves. They have the opporiunity to propound interrogatories, It a fact that it is public botorery, aud [ venture to y that the witnesses will hover ‘come here unloss ey come in the custody of the United Siatos mar- sh . ernor Palmer—{ do not want to be understood as imierfering with @ mere political con- test before the Board, That is a matter 1 have scrupulously avoided, 1 see beiore ine a woinan who hes been loally dealt with, Certainly it 1 her right; whettier it affects Tilden or Hayes is a matter of no consequence, the Board oayht to aid as in arriving at the trath, If possible name une member ot your Board who can go to unotber room and alow the ex- amsmation to go On without reference to the voie, You will do an act of jastice to the country and the people of this State, President Wells—We are here to decide a political question, and the reputation of any one does not de- pend upon our decis! The courts are open for those there 8 Opportunity to hy lo matter sifted, Hoard must go o1 gentlemen don’t desire to cross-examine U VCP nb F.ogutorie:. The discussion was continued ior a considerable length of time, when the Board culled, Ben Ja:nes, who was examined and cestified to the treatment he te. ceived at tue hands of the bulldozers, and when he had finished his testimcny the velence concluded that they would cross-examine (he widow, Mra. Fuikston, and they did 80 at some length, at the conclusion of which tho Board adysarned until ten o'clock to-day. YESTERDAY'S PROCEKDINGS, Alter cousiderabic time had boen speut iu discussion regarding returns not received Governor Wells statet that the testimony in the contested cases must be closed by Friday aiternoon 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 ta the room atatine. , Colonel Zacharie said the other side was allowed three witnesses, aud he thought be should nave the fume privilege. Others of the democratic counsel pressed the point, but Governor Wells allowed only two witn 5 Upon going into execative session ral Anderson read @ report trom Sergeapt Chaumet, of the metro- Politan police, to the effect that at tifteen minutes past eight o'clock P. M. on Tuesday Messrs. Hugh Je: ings, Sam Young and Joseph Swain bad gone to of Eliza Pinkston and propounded questions in regard to the killing of ber husband, whevher he had been killed by whites or negroes, &e. ‘The report went on to my hat one of the men put his hand on bis pistol and that Eliza ion had tled from them. Mr. Gautbreaux, Colonel Zacharie and others of the demecratic counsel called upon the Board to allow them to produce witnesses to prove that the charge was faise, General Andorson said it would not go into the record af Mi jauthreaux said it had been sent to the Board d to produce an effect on the visitors, and he thought the accused should be heard, By request of Govornur Wickiiifo, Mr. Stubbs, a Jawyer of Oaachitu, was heard. He sald that two of the persons named in the communication, Mr. Swain and Mr. Young, were im the same room with him, No. 181 Canal street, with about twenty other persons, the whole evening and up to one o’clock at night. Mr. McGioin said there were twenty other per- sons Who could swear to the same thing. Charles Tidwell aud J. T, Swan wore called to the Stand to testify on behalf of the democrats, and ques- tioned according to interrogatories propounded by the republican counsel, tho tatter being allowed to exam- ine the wituesses orally. ‘They gave rebutting testi- mouyto that given vy Eliza Pinkston on Tuesday in the Ouacnita case, TUK RETURNS. The returns from Lafayette, Grant and Tangipanoa parishes were brought in during the day. ‘lwo polls in Laiayette parish, giving 850 democratic majority, Were not found on the consolidated returns, but the vote wus obtained from accompanying tally shects. There was a protest with tho returns, dated on the 28th. The vote of one poll tn Tangipahoa parish was missing, and the tally sheets also were absent. The returns of Grant parish were recetved trom the United States Supervisor, Tne State Supervisor, after appointing Commissioners of Election, lett the parish before the election, notwithstand- ing the protest of both republican and demo- crats, The election was held, however, under tho auspices of demvcratic and republican supervisor the following resul Hayes, 895; Tilden, 518, he returns from Vernon, Franklin and Livingston parixbes were opened und laid over. Statements trom all the parishes are now in, and the democratic committee has obtaimed the ofliciat figures ot every parish. They vary only a lew hun- dred, due to the throwing out of polla trom tie tigures heretotore telegraphed. On Tharsday the Board will digpose of the East Baton Rouge case, THE LOUISIANA COUNT. To tux Eviror ov THe Heraup;— The following is a compilation of the vote of nine- teen parishes, as made by the Roturning Board up to Saturday night last *eumogei9]. * seeuoy, ‘woysen j | Ugo ! ebuvT | 20 ‘hua lote'st joes‘st Jezs‘st g Sa twat Eg =| caueshseae Sl LESZeses2es re ase. geeseseere ESeCn6ReES ‘SLVuJOKaG ee x a8 in s if 3 $ 5s ah g 5 2 38 a x 2 2 i ydeor ssxvoridaaaa 269'T s20% = 6890'S meas ceyenyg | uoppys sos"e 8 ‘es uorsGor| -saiougt ~ Respectfully submitted, J. RB ALCEK GAUTHREAUX, of Committee on Returns, E A. BURKE, Chairman Committee on Registration and Election, Democratic and Conservative Party, FLORIDA. AN INTERESTING SESSION OF THE Boanp— TESTIMONY INTRODUCED BY DEMOCRAIS TO BU:TAIN ALLEGATIONS OF FRAUD IN CouN- TIES CONTESTED BY THEM. (Bx TELEGRAPH TO THE HERALD.] TALLauasser, Nov. 29,,1876, ‘The session of the Board to-day, though uneventful, was profoundly interesting. The democrats mado their a th Alachua, Clay and Baker, and the republicans replied to the charges in Alachua, Tho caso of tho democrats against Alachua was made out beyond quo: tion in the morning session. It was crushing and con- clusive. It was weakened In the afternoon by the in- troduction of the affidavits irom Moore, Dukes and Webster, in which they stated that their affidavits to the democrats had been mado under fear, duress of misapprehension, A similar affidavit was Introduced from Beiton, who succeeded, however, in proving ina third affidavit that he was drunk when he made the sesond onc. Tho democrats will re-establish Duke’s and Moore’s testimony: and add new points in the morning. Ovor the 135 votes in Baker and tho twenty-three votes in Clay the dem- ocrats svem to have mado clear cases, Tho bogus re- turn from Baker cannot be made to stand a single day. It will hardly be brought to the point of contesting. OPINION PROM GENERAL MARLOW, Regarding Clay, General Barlow says:—“There is no doubt in my mind that the democrats must have those twenty-ti votes in y. They can’t be thrown out.” The notable feature of the day was the prom. juenco given to Chandler in conducting the cases for the republicans, He has taken tho matter wholly in hand. General Barlow has become a quict spectator, The Board will not adjourn for Thankegiving Day, but will hold (wo sessions to-morrow, Night sessions spoken of, and will probably be commenced on Friday. PROCKEDINGS OF THR BOARD, The Board met at ten o'clock, Secretary McLin stated that the Board bad found it necessary to en- force the rule more strictly against oral argument of any sort. Ho begged that counsol would file their papers of protest or proof as promptly as possible, In response to Mr. Chandler, of New Hampshire, he stated that counsel un both sides would nave access to all pay that were filed. Io 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 Alachaa case until they had time to look over the evidence fied by the democrats, The attacking party, Mr. Raney, for the democrats, thon filed @ number of affidavus fn 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 esses at present; the republicans were aut ready. Governor Brown, of Georg a, called attention to the fact that the Board could not cut the plaintiff off in the full presentation of bis case, but that, when he had presented his introductory papers, be must be allowed to finish his case, He further said that when a wite ness was in court his 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 specifica Sons. Governor Browao insisted that the specification should be read, that shorthand repor might taks them down; the country demanded it. i ‘The Chairman again stated that there would not time, and be retused again to allow the democrats ts compiete their case by the introduction of a witaess. Genera! Barlow thought tho witness should be intro duced. Judge Cocke moved that the Board proceed to have the specifications in the case of Alachua be read aud tho witnosses introduced, Mr. Sollers said that to fail to read the affidavits but simply filo them away in pigeon holes would be to muzzls the investigation, He demanded either that the affidavits be read or that the Board cease to hold an apparently public session and 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 gf the county, who was at the precinct all day, certifying that only 319 votes were cast, and from four citizens, who swore that they were present when the vote was announced by the inspectors in the evening and that result anuounced was 178 for Hayes and 141 tor Tilden; also the affidavit of-two inspectors ot the three who were at the polls, who swore that the rowurns as footed up by them showed a total of only Wand 141, and that the returns had since been changed. Those inspectors were Floyd Duke and Green Moore, oneacolored republican, the other a white democrat, ‘THR WITNESSES, Mr. Fleming, a witness, was then introduced. He swore that he was at the poll from the opening ull the close; that he knew of one man who voted twice and also that two names appeared on the al- leged poll list as having voted who had been dead two years, J. L. Lewis dnd Dick 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 trom outside the room and fourteen inside the room, Ho swears positively that no more votes than this were cast. He furnished the written list kept by bim, which ho had kept by him. Ho had kept store at Archer presinct for eleven rs. Mr. Fleming then retired. Mr. Samuel C. Tucker was then introduced:—Waa present at Archergat the canvags of the vote. He helped to count by request of the inspectors, keeping a writ. ten tally, He preserved tho tally and bas it with nim, He read tho tally—a dirty and rather worn piece ot paper—in which the resule was 141 for 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 called 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 be was in Fernandina all day during the siection; be was manager at box No. 1; he went into the room where box No, 2 was and asked the vote; he got it from an inspector and heard it afterward anrounced. He swears that it was 141 and 178. The democrats then closed their testimony o@ Alachua, The republicans stated that they would 7 ready at four o'clock, THK DEMOCRATIC CASE, Tho affidavits of the democrats are strong and cone clusive. Besides two affidavits from two cf the elec tion inspectors, Muore and Dukes, who swore that the return sent up to the Board was incorrect and that ouly 319 votes were cast at tho precinct, they had the affidavit of the Circuit Judge, who swore that he saw the ballot box opened and that there were only 319 votes in it; the afiidavit of Justice Belton, who swore that he was cognizant of the fraud at Archer and would not, a tnember of the County Board, sign apy rewurng that acquiesced in that fraud; the affidavit of Webster, clerk of the county, who swore that, though cognizant, of the fraud at Archer, bo felt it to bo his ministerial ducy to sign the 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 the returns of No. 11 precinct, duly sworn to, This precinct, with 23 democratio majority, was omitted from the canvass because the evidence that 11 was sworn to was not present when the canvass was made, Presenting the retura im due shape they ask that the 23 voles be included in the canvass, BAKER COUNTY. . Baker was then taken up, The specifications by the democrats were objections tothe first returns which were read, which recited that Hayes had 130 votes and Tildes 89, on the ground that another and true retura had been received, showing the vote to be:—Hayes, 143; Tilden, 238. They propose to prove’ this by adb- mitting papers. He read a* paper trom M. J. Coxe, County Clerk, and ez oficio membor of the County Hayes 143 was the true return, a copy of which was on file in his office, as required by law; that 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 he had not been notified that euch a canvass would take place, nor requested to take part in it as required he sball be by law; the affidavits 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 Shortff, ? Neither side was ready on any other count, and the Board adjourned, AYTERNOON SESSION, The Board met for evening session at four o'clock, It was announced that ex.Governor Noyes would con- duct the defence in 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, ['Biack, wio swenrs that the certified copy of the re- turns contain tho truo number of votes cast, and who swears that as United States Supervisor as well as In- sult reported was the true result; an affidavit of Green R. Mooro, reciting that the affidavit ho furnished the democrats, denying the correctness of certificates of olection, was given when he was under strong mental excitement aod was false tn every particalar; anaMdavit of Floyd R, Duke, stating that he was induced by the democrats to give an affidavit which he now retracted; that ho had given the affidavit under duress and when ho 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 a misappreben- sion of the facts; that he now voluntarily signs bis name to the return; an affidavit from Webster, County Clerk, who swears that tho statement by him reciting fraud and alteration of the returns at Archer precinct, ‘was made at the solicitation of democrats, and that he now cheerfully withdraws it, This is followed by afti- davits from about 200 colored voters who swear they voted at the Archer precinct, ‘The democrats offered several aMdavite im rebuttal of them, one from Justice Belton, reciting that if he had ever signed any roturns or affiaavit he did ft when he was irresponsible avd uuconscious, and also afll- davits ffom several citizens of Alachua swearing that on the day Beltoa signed the retarn—on the 234 of November—to was totally dravk aod was in the hands of the republicans all day ina state of intoxication; sisoan aMdavit from Judge Dawkios, saying shat no threats, intimidation or undue influences were used to get the Moore aud Dukes affidavits. They have teles graphed to Alachua for both Moore and Board, swearing that tho return giving Tilden 235 and: spector, he helped to count the votes, and that the re- _