The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-24

| entertained by Mr. Jewell of not receiving JUS
tee were well founded, he would say thst not
| withstandiDg the committee had declared, in
l solemn session, that the testimony was illegal
testimony, il was nevertheless placed 10 print
| the senator's desks. prejudice existed in favor
| Of the contestant of the seat of Mr.. Jewell he
regretted that he had 10 accuse the committee of
| partially and prejudice; he regretted that the
| strength Of party whip was strong enough 10
maxi e ntlen el say one thing and do another;
hat they had shut their eyes to evidence and jus.
tics; but, leaving all these specuatons aside, he
| was willing to admit that they had acted aosOrd
ing TO their conscience.
| The clerk Of the House announced concurrence
| in the following bills: ..
Senate bill No. l4-an act relative to the First
and Second District Courts.
An act relative TO the investigation of the affairs
Of the State auditor.
An act relative 10 contested election cases
Mr.. Braughn resumed. He now confined him
| self to the law and evidence. The committee
having declared that the evidence which was given
| before notice 10 Mr. Jewell, was illegal and should
| not be considered he asked the Senate not to be
Influenced by it, and cited the law on the subject
The law required ten days notice to be given
Bed Mr. Jewell been present not single point
could have been sustained, but Mr.. Jewell having
abandoned the case, believing that he could not OBJ
tain Justice the opposite side brought in whatever
| evidence they pleased, and it was only matter
Of surprise TO him that the Witnesses had not done
| some harder swearing. The evidence was only
/ besrsay evidence. Was the Senate to shut its
eyes to prind fdcie evidence, and entertain fimsJ
| and miserable evidence He would cause the evi-
dence to be published, should Mr.. Jewell be
| ousted, in order that the people might judge on
what grounds he was ousted. Referring TO the
| evidence of e. Lefebvre, commissioner OF election
at engine house No. g. he said, even admitting
| that the ballot box stuffed 1t did not show
that IT was to the advantage or prejudice of either
Jewell or Pnchbeck. The evidence of Mr. Staes
does not state that he the ballot boxes stuffed
| or that propositions were made to him to stuf
ballot-bo but that Boomer, commissioner of poll
| q precinct 10, had told him that other commits.
| sioners had proposed TO stuff the balotbox, aud
esides that Boemer had told Staes that he could
not say positively that the box had been stuffed.
Then comes the testimony of Mr.. Mollere, a
| gentleman of honor, and well known in this COM
muniy He swears that Mr.. +. l.. Jewell was
connected with the official printing OF the late
| Secession Convention OF louisiana. he does not
say in what manner-wheber partner, a friend
| or an employe. But does that make Mr.. Z. l..
Jewell ineligible
Mr.. O'Hara said that the question was aban-
doned by the committee.
Mr. Brauphn said that he was aware of that
fact. Therefore, senators were not TO have their
| opinions upon the question OF ineligibility, but
| simply upon the question of f,aud. Referring to
| the statement of MOllere that he had been in
formed by two commissioners that Mr.. Field, the
chairman Of the Roard Of Registrars of the hfth
ward, that they must defeat this Constitution by
| fair OF foul means, Mr.. Braughn wished to know
| why the commissioner testimony was not taken.
| Molleres evidence was only hearsay, and could
| not be entertaned.
Mr. Jewell had not introduced any rebutting
| testimony, however, convinced, as he was, that
| however respectable might have been the wit
| nesses, their testimony would not have been con-
| sidered.
| Mr.. O'Hsra, as a member Of the committee
| felt it his duty TO make few remarks. He could
| rot understand how Mr.. Jewell could make case
on such evidence as presented.
| Referring to the statement that Mr.. Jewell had
| not brought any rebutting testimony because he
| did net expect justice, be had only to say that
| " susp cOn tests upon the baunted.n Mr..Jewell
| had asked that the committee should take spe-
| cial oath when the committee had already taken
4 an oath. The testimony Of Rigaud showed that
witness had seen added to the Democratic vote at
least 200 votes that were not tickets taken from
| the ballot box. Mr.. 0'Hara was about figuring
the alleged fraudulent votes from document he
| held in his hands. -.
| Mr. r. n. Ogden arose to point of order.
| "1he document was not part of the report,
/ and could not be used as testimony.
| The chair would not take ths responsibility of
| deciding the point, and left it 20 the Senate.
Mr.. Campbell tbosgnt this was not the proper
| time TO take the vote Of the Ssnate.
| The chair decided otherwise.
Mr.. Coupand said that if the document was not
ncluded in the report it was through the error of
| some party.
| Mr.. Bacon said that the only evidence that
could be received was that which was embodied
| in the report.
Mr. Smith said that the reason why the evidence
| was not included was because Of a clerical error
/
| evidence.
Mr.. Lynch said that if ii was evidence, as a
majority OF the committee had asserted it was,
be would vote that 1t be received. The issue
81 ould not be lodged by taking advantage Of
teehnicslities, but should be met squsrely.
Mr.. NJ. A. Foute agreed with Mr.. Lynch. but
on different grounds, that the evidence of Ls-
febvre on the supplemental report, as be called
it, was not sworn to, and he would move to put to
the vote whether the testimony should be re-
ceived.
The testimony was rejected.
| MIR. Campbell having voted, Mr.. Ogden objected
that he should do So he being directly interested
| III the matter.
MIR. OHara moved that no member whose seat
was contested should vote on the question.
Mr.. Wi cox moved to lay on the table.
| Mr.. Lynch moved TO recommit the whole matter.
Mr.. Campbell moved to amend by providing
thst TIE committee be instructed to summon Judge
Lesumont and such other persons as they may
| deem necessary.
| Mr. 0'Hara claimed the floor.
The chair said that the senator had lost his priv
ilege by making motion and sitting down.
motion was then made to lay the motion to
| recommit on the table. Laid on the table.
Nr. Ogden moved 10 reconsider.
| Mr.. Blsckman moved TO lay on the table.
| Mr.. o Hara took the floor before a second could
| be obtained, and resumed his argument. The evi.
dence that had been rejected, improperly, he
thought was by the trickery OF law. Ii should
have weight with the senators. de would say
with Patrick Henry :" II it was not Law, 1t wa
| JUSTICE" He was fully convinced that fraud haC
been committed in this case that Mr.. jewell wa'
improperly seated IN the Senate. He was thun
derstT0ck when he heard in the committee of the
enormous frauds, and could not conceive how mel
|, who were called gentlemen could cOuntenancC
them. II such things occurred IN New Orleans
| what would be the state of things in the cOuatry
| hr. BrsughD, in view Of the time that the debates
would occupy, moved to adjourn.
The Senate then adjourned to Friday, 24th inst
at meridian.