New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-04
ARGUMENT OF YESTERDAY.

ARGUMENT OF YESTERDAY.
The argument in the case 81 William P.
Kellogg vs.. Henry G. Warnoth and 9th
ers, was continued yesterday for the prose
ecution, and will in all Probability e.
brought to a close today, and the case
submitted to Judge Durel for his 5ec;.
sion.
The very able argument commenced BY
z. G. Billings, Esq, the day before, was
concluded yesterday. He devoted much
Of his time in successfully dis.ipa.ing
what he deemed the false theer;e. al.
vanced by Counselor Semmes in surIc.:
Of his views Of the subject matter under
consideration. MI Billings awelt With
great force on that part Of the ees2.
ject relating to tie returning boards.
handled 50 dexterously W s.[r
semmes in support o5 the cond,sct Of
Governor Warmoth il relation there.
to. Mr. Billings read the section Cf the
election law creating the board Of return.
ing officers, and exposed with great sever.
ity the attempt Of Gove:po: Warno:s 20
manipulate that board to suit his 2wa
purposes. He also read other portions Q.
the old election law, showing what lad 10
be done in order to compile TIE election
held in this State On the frs: Monday in
November last, and Went into :. history
Of Governor Warmoth's connection tLeg@.
with, which embraced his signing .: SIC
new election law for the purpose q carry.
ing ont his schemes ct. st!t-aeg.ar.'i.9o
ment. Mr.. Billings 'as particularly
effective in this portion .: his afg':r.e'.'.
by showing that it Mr. S4:2:4.es' :Aeory
in regard to solving correctly :he
result Of the late electio.. il .lis STATE :e
accepted and the new election las Allowed
to 60 il force, it woul! te impossible g
get a new returning boar! tecarse there
could be no lawful Senate until the ye.
turning board had declared who had been
elected members of the Senate an8 I22:se
Of Representatives. Mr.. Billings showed
most conelusiveIy that it was absolutely
necessary that the board oG -
turning officers named in the old
law should pass upon the election
returns before we could have a lawful
Legislature resulting from the late eleco
ton in this State. But Mr.. Billings did
not admit that Mr.. Semmes was correct
in advising Governor Warmoth to sign
the new law as a means of c0nsummating
the election returns to suit himself. On
the contrary, he contended the law was
retroactive when applied to an election
held Before it had received the signature
Of the Governor, and consequently, &co
cording to the constitution, could
not be made to apply to the election
held on the first Monday in Noyem,
Der last. Mr.: Billings closed his
argument by recitins the disgrace
full scenes that had been repeatedly enacted
in this State within the past few years,
arising from peculiar condition Of soci-
ETY. in the South that had created the ne
cessity for the federal government to apply
remedy The remedy was now to be
found in the federal courts: and Mr.. Bile
lings, in conclusion, made Il most eloquent
and solemn appeal to the court to take
such action as would assist III restoring
good government and vindicate the rights
Of the people.
Randell Hunt, Esq, asked and gained
permission Of the court to be heard upon
a precedent cited the day before, after lie
had concluded his argument and retired
as settling the question 81 Mr. Kellogg
eligibility Mr.. Hunt spoke at some
length, but we failed to perceive that he
substantially refuted what has been cited
as historical fact that settles the ques-
ton as to Mr.. Kellogg's eligibility.
William H. Hunt, Esq, resumed the
argument for the prosecution. He is
brother Of Randell Hunt, and although
many years his junior, shows more gray
hairs Than his venerable brother. He is
thought by many to be equal to Randell
az an. effective orator and advocate VII
liam Fl. Hunt commenced his argument
by close and careful review Of the bill
in equity, fled by William p Kellogg
against Henry c. Warmoth and others.
and after reciting the various allegations
therein set forth, he proceeded to argue
his case with great force and ability until
three O'Clock, when the court adjourned
until eleven o'clock to-day. 3Er, Hunt
will conclude his argument to-day.