The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1860-04-10
Howard VS.. Cooper--Nr. Howard's Reply,
A l,ich Document.

the reply OF hon. w III. n. IloWaru 'o the
request Of Hon. Geo b. Cooper for further
time in which to take testimony, and also
his reply to the er parte affidavts. 1t is
very racy reading. We may premise that
Mr.. Cooper desired these affiavits to be
fist admitted ms testimony; if that was
refused, to serve as ground for delaying
the case. We have omitted the legal eta
tions of p,eccdents given by Mr. Howard,
ms lie elsewhere states their showing, which
is conclusively against Mr.. Cooper's appll'
cation. The letter after the asterlskS Is
part Of second communication dated
March s, addressed by Mr.. Howard to the
Committee on Elections. 1t will be found
highly significant:
Strong should bo the cause that will
justify the opening Of a case after it has
had all the opportunities secured by the
law. We see cases now before the COM
mite With, a thousand pages of testimony,
all taksicounder the liberal provisions and
the am Slc time secured by the law, what
shall be said of an application made almost
twelve months after the expiration Of the
tine fixed by the law, and where the par
ty making such application not only never
took one wold Of testimony, but never at
tempted to take any, or gave any notice
Of any wish, desire, or intention to take
any until more than fourteen months after
the notice and grounds of contest, and
more than eleven months after the time
for taking it under the law had expired
The olIcs, Of these allidayits is dated in
November last. and five of ,Lom are 1a
ted at Detroit since thj, case VAS ASSIGNED
e., Leariug on the 9th uItiro viz on
tLn oath Al F.Lua,y and the l.t of Narch
1sGO. He asks for IN al;oprrmcnt for
ana uooi c,nrerir,, tLe arrival of counsel
i,,, ,,,,ro,os cha ,ina in fSLj,c 81, o..
.s,. ID I.,;,s = ,,,,.and Mills Eo,n ,bo
t,..'''t LNa,;.,.. .ni ,h., an tho ,l;,,rr.
f'"N1 -, -, ,,.,. n,o, lo r,coiyod a.
o';I,;oo ~ nr e not ,i,t io have tiuc to
-, ,t,.' III .nnl r.,,oI ems a. will
ni,,Io n"I '"' ,io,n ~ w. ,a,airahlo M All rn, oyfr
,i,'' ,ha, r. .' .an,;n, ,ho vln,a ;won,r.siy
aaiia,,;s ,,iil =" ra"r mil ~. fnJ ono auscsI
Co.,, s,s,, ,to, n',iI r1t mi,L o,I;na,,.
III 49,, l>,,,, ,,,arol ~ ...U a.
49,, .nI y, na.a,, JY.;n,, ,Lo "s;rtu
,i,''," as n now Tor ,hara ono w,I q
,br n,;,,ol testimony coDtyadjc,c9 nor at
teun,.d 70 ba coyb10jcfed. nor one of the
witnesses imDcacLeL or attenptcd to be
iD.DeacAed by thee alIidayjts. tina, could
nnt l., .,.I.,.{rJeJ 49, ;''aeo,LnJ y, H..
time bv the very same witnesses. Every
one Of these un;layj,s are made by pnljti
cal friends Of the returned member, unless
we cxcept Nyyls from the list. They do
not swe ,r TO one fact lha, was no, equally
known to them then. Many of them /.
tended the examination of Witnesses. and
understood the relevancy aud necessity of
the facts then rs wei, lis uow. The vcrv
attorney of the two member, make, two nf
these twenty ,ix alliIayts. both dated in
December. 1859. Wa, ever such a case
~ this presented to any court or committee
before There is 40 s.!rgriSe hv what the
sontrstant proved, !, was all in his no.
tice served months before. No misfortune
or calamity prevented the sitting member
from proving his own case or dcmoshag
,at Of the contestant. All the testimony
tax WI. published broadcast each la, -
At least three daily papers puhIi,hcG full
and accurate reports Of the VIII le Of it. -
The sitting mcmber slail in Washington
all or nearly ali the time after lis answer
was served until the testimony was finish.
ed, engaged, as was said, in the pleasing