National Republican., 1873-03-04
Mr.. POMEROY ACQUITTED.
REPORT OF Tue SENATE COMMITTEE.

None sfthe Charges Of bribery su.tained--
The CrcdIbiiity Of yorkc Questioued-
The Whole Transaction Plet to Defeat
Pomeroy-NIr. Thurman Disseuts from
the Report ofthe Majority.
The committee appointed TO investigate the
charges Of bribery In the recent Senatorial cleo
tlon In Kansas, preferred against Senator Pome-
roy by A. N. Yorke and u. r. Simpson, made
their report yesterday afternoon, through their
chairman, Senator Freilnghuysen. Tho report
nrst calls attention to the charges OF Mr.. Slmp-
son. and after quoting testimony Of several wit
nesses, says q majority Of the committee are Of
the opinion that none Of, the charges preferred
by Simpson, consisting 81 number OF alleged
specinc acts OF bribery or attempts TO bribe have
been sustained. The report next considers the
specific single charge Of bribery preferred by A,
". Yorke, whose statement ls that Mr. Pomeroy
gave him on Monday, January %, $4,000, and on
Tuesday, January 70, 5000 as q bribe to vote
for him in the Joint convention on Wednesday.
Mr.. Pomeroy's statement IL that he did give
Yorke the money at the times and In the amounts
stated, not as a brlbe but to carry TO Me- PAGE as
a loan from Mr.. Pomeroy TO aid Page In the pur.
chase Of thirty bonds Of the United States Of the
denomination Of $1,000; Page having s75,Ooo 10
currency.
The committee say the question for them to
determine was not which II either Of these two
statements, painfully irreconoiiable Ia In All Its
details true, hut whether, taking all the testl-
mony together and weighing II, Mt. Yorko has
sustained his charge. The committee then quote
from the testimony, including that OF Yorke, TO
show that there arc circumstances that leRlt-
imately effect the credlbllity Of Yorke In this
transaction, and sayi II appears thst Yorke's
plan was kept secret until "wednesday at the
Joint convention, whom an excited exposure was
sprung upon that body, and the money was ex.
hlblted. by Yorke, and he made the statement
that members OF the Legislature had Pomeroys
money burning In their pockets, Of which fact
Yorke had no such knowledge. II appears that
an effort was made BY members to adjourn, and
also to have recess for an hour or two that the
truth OF the allegations made might be aacer-
tained, aud that Yorke resisted these efforts fof
fear, as he says, that Pomeroy mlsht be able %
appoint his own succeasor. Thus, even n Yorkes
he taken a. true, Yorke was the principal actor
In an effort not only to
BErRIY AND DKFRAr NR. roxxRor,
but to deprive the State OF Kansas OF its free
and deliberats choice OF q senator. These cir
cumstances do not prove that Mr.. Pomeroy did
not brine Mr. lorke, but they do impair tho cred
lblty Of Mr.. Yorke a. q witness, for when line
Of deception has been entered upon no one can
say when 1t Is dropped aud the golden thread OF
Truth adopted, The truth which the committee
sought was q. .r 70 what occurred IN the room on
the money TO lorke. They were alone, and con-
trailict each other. They say there Ia, however,
evidence relating 20 ioIke,s purpose IN going 20
length, and say they are at q loss TO discover
from whence Mr.. Yorke derived his alleged assu.
rance that he was 70 be bribed, and knew that Il
was to be that night, and TO be In q large sum,
from any fact consistent with his statement II
it be true, as Mr. Page testlnes that he had that
p, m. told him that NJ. Pomeroy would probably
can more readily understand this confidence that
he was to receive money. But that he had any
such notice Mr.. lorke denies. II Yorte was
acting on Information Page gave am there ID no
| evidence that he communicated It to his asso-
ates.
The committee point out what they deem
,sai MooGs, os, nss
to give him 5000 for his vote, under stipula-
ton that he might vote against him in tho scn-
ate on Tuesday, when his vote might be as de
erty even to reconsider his conclusion as TO
voting for him on wednesday, and that on such
an understanding he paid him on Monday o., 900,
and on Tuesday, after he had that day voted
against him, 5000 more; and Mr.. Pomeroy did
this while II appears In evidence beyond ques-
ton that he was either honorably refrAining
from all corrupt influences to promote his cleo
tlon or that he was carefully on his guard
against being entrapped IN the use Of money.
and while II appears that lorke was attending
the anti-POmerOy caucus, acting as lts secretary,
and known by pomeToy to be opposed to hlln
IN cOSsIDERISG THE STATEMENT oF Mn. roNERoI
that he gave Mr. IOrke this 81, 900 to take TO Mr.
Page to enable him to purchase Y. y. bonds
to aid In establishing q national bank, the com.
mittee say Mr. Pomeroy Is entitled to the extent
that other men are to the presumption OF limo
what strengthened by the fact that his accusers
have failed to sustain their other charges OF
bribery against him In the same election. After
in,snes ,s Tesisw o. Ihe ,,a ne committee
transaction which are not satisfactorily ex-
planned. among which arc the followingi Why
did not Mr.. Pomeroy. deliver the ., 900 70 Page
himself when he called on Monday; He then
Why did not Mr.. Pomeroy give Mr.. YorEe the
money he was TO take TO Mr.. Page In ealcd
view Of the coming election
TO c0NctLiAfE MR. rORKE
by showing him that he was assisting his friend
Page by showing him that he was aiding In es-
tabiishlng bank In his town, and by reposIng
confidence In him. But even the suggestion Of
this Improper mJtlye IL not q satisfactory an-
discre epancles between the statements V Of 11s MI
Pomefoy and Mr.. Page, such as to whether il
was In the morning or In the afternoon OF Mon
day that Mr.. Page last called on Mr.. Potneroy.
Perhaps they are not other than such as show
the absence OF arrangement between theIA as
witnesses. The committee, some OF whom were
absent on other duty from time to time, as the
evidence was being taken did not receive printed
testimony until the morning Of Saturday, the
LIST instant, aud have given the evidence such
examination as, IN the press Of business, they
have been able, which has been by no means as
thorough as was desirable.
Tue committee, bearing In mind that the whole
Transaction u the result OF 4 plot to defeat Mr.
Pomeroy, and remembering that the burden OF
proof IA on the party making the accusation,
have come To the conclusion that Mr.. York has
not sustained his charge by Sufficient proof, con-
trahlcted, as II Il, by the evidence OF Mr.. Page
and Mr. Pomeroy himself
The committee report herewith the evidence
taken and the briefs OF the respective counsel.
Signed by senators Frelnghuysen, Bucking-
ham and Alcorn.
cannot agree with the report OF the majority
proves corrupt .ofIer By Nj. Pomeroy 10
Senator Simpson, OF the Kansas Legislature, to
obtain the vote OF the latter.
also believe that the testimony conyirtg Mr..
Pomeroy OF having attempted TO brlbe Senator
York, OF that Legislature, TO vote for him. That
Pomeroy delivered TO York q, 900 Ia not denied
| The only material issue between them IA for
what purpose WAS the money delivered. York
| says u was brlhe for his vote. PomerOy AAys 9
that 1t was handed to York TO carry Il 10 one
Page, whom Pomeroy had promised 10 assist In
starting national bank.
In my Judgment, the statements OF Mr. Pome-
roy on THIS subject are contradictory, are incon-
slstent with Pages statements, are 30 opposed
| TO the usual circumstances attending q business
transaction, and are so improbable, especially In
view OF the circumstances attending the sena-
@ toriai siection, that reliance cannot be placed
an elaborate statement Of the testimony and
| reasons that bring me TO these conclusions l re-
frain from making such statement. Were there
time for the senate 70 consider the subject fully,
should feel II my duty 70 give At large the rea-
sons for my convictions; but this Is the last day
| of the session, and OF Mr. Pomeroyh senatorial
term. Before the reports can he printed, much
less considered, the session will he At an
end. therefore say no more than to report the
conclusions TO which nv mind has reluctant :