The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1873-02-08

Representatives from the Tenth and
Eleventh Wards, who did not appear
to take their seats.
To MI. MOrton-These parties were
the only ones who claimed seats; they
were admitted subject to contest and
voted in the Senatorial election. A
man was admitted in a similar manner
from the Eighth Ward. No persons
were admitted to take the place of
those who seeded. Mr.. Ray received
the unanimous vote of the House-7G.
Mr.. Pinchback got 40 votes. Mr.. Pinch
back said that 81 votes were cast i'll the
Senate, OF which he received 10. Mr..
Ray said that he got all but one vote
i'll the Senate.
To Mr.. Trumbull-Was elected in
Orleans parish upon the returns of the
United States supervisors. Don't re-
member whether there were one or two
United States supervisors at each poll.
Witness finally said he did not know
whether the returns were signed by the
United States supervisors. Knew he
was not elected by the returns of the
State officers.
To Mr.. MOrtOn-Thinks there were
seven voting precincts published. Did
not know where the eighth poll was till
about midday, when the poll was found
without a United States supervisor.
Was elected by throwing out the eighth
poll. His opponent had three candi-
dates opposed to him, who cut down
his vote 500 Or 800. A friend appeared
at the poll to vote, and found some one
else had voted on his name. He had
no doubt this was done in many i'll
stances.
Mr.. Pinchback examined by MI.
MOrtOn-Mr. Lewis was returned by the
Lynch board. Mr.. MaSsicOt contested
and obtained the seat i'll the Kellogg
Senate. Don't think Mr.. Lewis ever
took a scat. He abandoned the contest
on the second day. The committee re-
ported in MassicOt's favor. He was
seated by the vote Of the Senate.
Thinks he was not seated until the re-
port was made.
Gov. Warmoth said he was seated
pending the contest and the contest has
never been decided.
Gen. McMillen submitted the official
journal of the State, dated 18th Deem
Der, to show that the Lynch board pub
lished their returns the day after their
demand upon Gov. Warmoth for the
official returns.
The committee adjourned until 10
o'clock, sharp, tomorrow morning.
WASHINGTON, Jan. 29.-The Louisiana
Investigation was resumed at II o'clock
this morning.
Messrs. Mitchell and Southmayd,
having searched through their trunks
full Of election returns, produced the
papers pertaining to the election OF the
fourth ward of New Orleans, which Geo.
E. Paris represents in the Pinchback
House. Mr.. Ray presented the official
journals of the Kellogg Senate and
House OF Representatives for the first
and second days of the session, and the
journal of the joint session at which the
vote of the State was counted.
Gov. Pinchback, recalled and ex-
amined by Mr.. MOrtOn-Was not pres
ent when the result of the vote Of the
State was announced in the Senate, and
did not know upon what the desired re-
suit vas based.
To Gen. McMillen-There was one
count of the votes made during the ex-
ira session when witness was present.
Don't know positively why it was cOun-
ted a second time. Believes it was
thought best to count it in the regular
session, to avoid any question as to the
legality of the count.
At the request of Mr.. Morton Gov.
Pinchback gave the name of the menu
bers of the Kellogg Senate who we've
returned by the Lynch and not by the
DeFeriet board, as follows: Burch,
Blunt, Cage, Herwig, Harper, Kelso,
Pollard, Sypher, Wharton, Green, Black
burn and Alexander. These Senators
were seated on certificates signed by
the SECRETARY Of State, Bovee, and based
on returns of the Lynch board. Mr..
Trumbull questioned witness at some
length concerning his presidency of the
Senate, ETC., all of which was covered
by the examination yesterday. Gov,
Pinchback said that the Governor and
his friends laid great stress upon the
precedent of the Voorhees, case in Lou
isiana in 1865, as controlling the matter
of eX-OficiO Lieutenant Governors ten
ure Of office; that precedent occurred
under the old constitution of the State.
There was another noted precedent in
the Missouri case, to which he would
call attention, and which took the on
trary ground.
Mr.. Trumbull-Does the old cOnstitu-
ton differ from the new III that partic-
ular?
Mr.. Pincback-I don't know that it
does.
Gov. Warmoth-Tt does not.
MI. Ray asked to place in evidence
Gov. Warmoth's proclamation conven-
ing the Legislature in extra session,
and desired to question Gov. WarmOth
and others to prove that Gov. WarmOth
called on Gov. Pinchback the night be-
fore the organization, and tried to bride
him to organize the extra session in ac-
cOrdance with his wishes.
Gov. WarmOth-I have no objection
to going into that question if the COM
mittee desires, but he wanted to sum-
mon witnesses from New Orleans to
disprOVe the statement. He could estab-
lish the fact that Mr.. Pinchback was
not in the habit Of resisting temptation
of that kind.
Mr.. Pinchback, excitedly-If you can
establish anything of that kind Cover
nor, I think you ought to do it.
Gov. W-Well, if the committee wants
to take that latitude, [ have no Objec-
ton.
Mr.. Morton asked that the rooms be
clared, that the committee might con-
suit in private upon the admissability
of the question.
ton on the ground that it had nothing
to do with the organization OF the Leg
islature.
ME- fCay Sdlu IL was dill atbbtipG Ou Glc
part of the Governor to influence the
organization.
In q few minutes the doors were
again opened, and Mr.. Morton an
nOunced that the question was RULED
out.
MI. Lynch recalled and examined by
Mr.. Morton-Mr. Burch was returned
Oh the returns of the United States Su-
pervisors, and upon such otherevidence
in the way of affdavits, etc., as the
board could procure. The evidence
showed that voters were prevented by