The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-21

q. Was your deputy with you at the time you
made the q A. M f s,ss sr went wit,
q. 10 you know az wha! time they took posses.
sion OF the buiidiDgy A. IL was, Think between
twelve and two O'Clock; the precise hour am
unable to state.
States trOopsf. A. 1 have no knowledge Of that, l
o. When did you next see the building A. I
say PSssSy aavs gSns
| O was the building then tn the possession OF
% Sspsy The Al n nss 81 State, troops
Yes, SIR. 1 had information all the time OF what
was going on at the building.
q. DO you know, as matter OF fact, whether the
troops accompanied your deputy when they took
possession OF the building A. I do not know.
have no doubt tnat they did or came very soon
O. Where was your deputy to go TO get the
troops A. My understanding was that they were
to go TO the Mobile and Ohio Railroad depot, and
the General said there were some troops on the
way from Florida, and were expected that night.
They went to the depot and found them there and
took detachment right from the depot TO the In.
stitute. g0 = arlCi oHJ---LN ll. 3
Q. How many soldiers accompanied them A. I
O. How many were there when you went there
A. / think " was an artillery company; think
been part OF two companies; should think $50
men there might be more and there might be less
Do i;sy they armed as
Q. Who was occupying the building at the time
and State officers. De- iii MA tlr. q
g What governor, a; warmoth.
an office there's thilk at that time II was General
back had room in the building; mink the Re-
turning Board that was named In this proclamation
were using some one Of the rooms IN the building.
@. Which Returning Board was thatf A. The
Wiltz De Ferret Returning Board. elo d az
Q. We're these person there at the time your
deputy took possessionf A. Ny deputy made re-
port OF the occupation, and he stated that there
was no one there but watchmen or policemen !;
building: how many were there do not know.
Q. You did not understand whether any Of these
persons, claiming to Oe oficers Of the state, we're
in the building at the timer A. understand that
there were none at the time; some OF them called
some time afrerw ard. r ,,...t.. ...
umients as were in the buildings A. No, SIR; he
took possession oil notnlng; he simply occupied
the building without interfering with ANYTHING.
A. Yes sir; that was his instructions, and he re-
ported that he did not interfere with them.
9. Did they continue IN the buildings A. Yes,
Sir some time alter ward. -l .| i.A
Q. How long did they remain tneref A. They
remained until after the impeachment OF the Gov
q. When was thats A. The eth Of December.
when the Legislature met; then Governor Pinch.
NAMED there until Governor Kellogg was lnaugu-
8. We're they not instructed by Judge purerl to
take possession of the returns, A. No, sir.
z. Did you have any conversation with him
ABOUT G0emf A. NOuo tnat l reCOucCG or nave
stated to the best OF my recollection the only in.
structions received. ..,r ~. IA M ~. .Tl
Q. Did you not say that It was expected that you
should find the returns theref A. i stated that
the returns were there, and 1t was expected that
we should get them SO that they could be under
the control OF the Court II wanted. ., b ...,., q
Q. in what way were you controlling tnemi A.
The Court had ordered the Governor to bring the
returns INTO Court and ne had not obeyed these
O. What did the Count expect You to do with
these returnsf A. Nothing whatever; he gave me
q In RaP orA IN nm rAfrNr
@. You stated that the Judge gave You verbal
orders not to inter ere with the Legislature going
only lot 10 interfere with the State ocers; there
was no Legislature meeting there at that time.
z, What Instructions. any IN addition TO those
persons there? A. None at all. C. 5ud :e.yl-
Q. Then all that he said relating to those State
oricers was independent OF the order you have
mentioned? A. IL was all embraced in the written
order upon which he gave me verbal directions.
about persons claiming to be elected to the Legis-
lature9 A. have no recollection OF his mention.
ing it to me al all
this part oil the order-"But the Marshal directed
to allow the ingress and egress to and from the
the same" you had no special Instructions IN re-
gard TO who these persons were entitled to pass in
and outY A. have no recollection of any; can
state what my Impressions were.
o. Then you considered, and DO now consider,
that you were left to your own discretion In deter
mining who were entitled. under that clause OF
the order to 60 in out OF the buildingY A. Yes
sir; that the way understood 1t at toe time and
so understand 1t now
@. How long did you ac J M
HOLD POSSESSION OF THE BUILDING
under that orderf A. Until alter the inauguranon
Of Governor Kellogg. r,.-. E-.I .-n
@. GIVE us the date' A. cannot tell the date
that the troops were Withdrawn.
q. Did the United States troops remain there in
possession with your deputy during that time. A.
They did.
timer A. Yes sir; they were CHARTERED ln the lott
OF the building, with guard down by tile door /;
the guard stood there with a the deputy marshal,
was no attention paid to who went IN or out.
z. DID any person apply tor admission to the
Governor Warmoth when he first applied was re.
fused. at least until the deputy was called, and
s sGGn s as snas General McM"
stopped at the door when the building was first
occupied; he was senator at the time and he was
when he was admitted; l rec0llect these circum-
stances because 1t has been called to my attention
in the examination last winter; recollect none
others.
9. was there any effort Of those persons who
Ss S BE TO assemble IL ~ ss Sa
alter you took possessoni A. Yes, SIR :;
were men who were also returned by the Lynch
Board.
q. Have you any information OF that kind from
your deputy A. None at all.
q. We're any members OF the Legislature per-
mitted to assemble during the time you held the
building2 A. The Legislature assembled on the 9th.
Z. What Legislature was THAR A. The state
Legislature; the Legislature known as the Kellogg
Legislature as distinguished from the other.
o. Where old they assembeP A. The members
OF the House assembled in the hall on the second
floor and the members OF the Senate IN the hall on
the first floor.
In possession OF United States trO0psf A. Yes sir.
q. We're the doors guarded by United States
Mt timaY A. There ma N lOh .
they were standing either side Of the door, but
not interfering with the ingress or egress OF the
people. 49,
outY A. Yes sir; SO lar 40 they wanted to.
Q. We're no distinctions nader A. Not to my
knowledge.
O. what doors were guarded by the soldiersi A.
The front doors OF the main entrance.
q. Did that mont door open immed iately Into the
legislative hallH A. No. sir II opened into pas
sageway; that passageway, or continuation oft,
went 70 the door OF the Senate Chamber; then upon