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

WHETHER THE JUDGB HAD CONSIDERED
motion had not better be made IN open court than
10 have the order issned In ohambers the Judges
object az appeared 70 me IN me conversation
cupy It Immediately In this manner, and not to
wait until the Court opened In the morning.; and
some inioi nation Witch led him to Seeve that
Warmotn intended 10 barrIcade the building at
order; all that was said about the object OF the
order and purpose OF 1t was while 1t was being
@ You are sure that his attention was called to
the TACT that 1t would be better to issue this order
as CERTAIN as can be when cannot repeat the
conversation; the impression Is on my mind that
O. And that. too. by the solicitors for the prose-
cutons A. The presumption Is that 1t was; they
were engaged VITA the Judge IN drafting the ORDER
the building under this order by what authority
did you do so A. l. saw the Judge in references 70
objection, and got his verbal permission 70 do So
z. Where did you see him. A. MY recollection
What day III. A. icsnnot re col the time
1t was somewhere about the 18th OF January; low
long after we took possession Of the building am
tachment came TO my office and stated that he had
lett his wife In Florida, and they nad just made
arrangements there Tor Housekeeping, and some
domestic affairs there needed his attention, and
he asked that, If had no objection, he would like
General Emory believed that there was no occasion
Tor the troops being there iurther; went TO the
Y: What conversation. did you have with him
A. asked him If there was any objection to my
3
he stated that there was none; then Irecsiled the
q. There was nothing in the court directing the
Withdrawals A. No, SIR. gl. la rIfT
q. The order was not rescindedf A. Not to my
o. And you have Kept the order ever since in
your possession until you brought 1t here to-day
for had transcript made for the Attorney Gen.
erai; copies OF 1t were made the same day. but the
original order happened to be mlslaid among the
papers on the desk Of my deputy, and did not
know where IT was; 1t was overlooked.
Have y9p ever made a; ia any Of your
O. While the troops renamed there in posses
sion Of the building, did you have any interviews
]. Of course, saw him frequently. r.a
O. Did he inquire Of you what you were doing
@ Did you not inform him OF what you had done
under the OrderP A. may have possibly In
formed him afterward to what extent the order
Q. Did you or did you mott A. do not remem-
Q. Did you at any time inform him that you had
Withdrawn from the possession OF the buildingf
A. nave no recollection OF 1t.
Q. We're you at any time demonstrated with by
any citizens or others Tor holding possession OF the
buillingY A. No; DO not remember having any re-
matter at all; / saw in the newspapers articles
criticlsing me-in democratic newspapers.
Bnt no appeal was made to you personally hy Is
ing was occupied / at once took measures to put
the troops where they would be out Of the way Of
all the 0f1cers who had offices In the building and
instructed the deputy not to interfere with them.
Q. Would you have had any diffculty in execut-
could not have executed It without; Governor
warmoth resisted everything except superior
Z. But you say there was nobody there but
watchmen A. There were policemen there act
ing as watchmen of the building. III .l
Q. BY what authority did you assume to make
reqnsltiOn for troopsY "A. l had process In my
hands and was unable to execute 1t with the force
Q. Did you make any effort to execute itf Al
was well aware that could not execute it.
q Did you make any effort to procure posse
comitatus OF c,tizens A. No, sir.
Q. You sent in the first instance for troopsf A.
By law the troops can be used by the Marshal
upon the posse comitatus.
Mr. you to say that
calling an extra session of the Legislature for the
9th OF December, 1877 A. That is my recollec-
o. Do you know whether the parties who had
been declared to be elected by the De Ferret Board
body; and, II SO, where was 1t they sought to
semple or did assemblef A. only know it from
o. Where was that A. They had their sessions
at ME odd Fellows Hail; the first time, believe,
o. DO You know whether injunctions were
served upon members or reputed members Of that
body, individually, as they went there A. In this
case there was q restraining order Issued against
a great many persons; 1t was given to- the deputy
to serve; the manner OF the service, the time OF
SERVICE have no knowledge Of except by refer
Q. This particular order OF which we have
members OF that body that assembled at Lyceum
Hall A. think they first assembled at Ly-
ts W 1oer tins hands re-
went about the citWto find the persons mentioned
In the order and make service on them; what par
ticular day they served 1t cannot say; can say
that one Of my deputies told me that he served
several about the city Hall on Monday morning
oIect the circumstance that one person, when he
was handed the paper, tore 1t up with some re-
mark derogatory to the United States Court.
THE TESTIMONY OF MR.. BECxwrH.
As still further description OF the scene on the
night when the order was issued, we print part
Of the testimony OF Mr.. J. R. Beckwith, VINO was
of counsel with Billings and Hart in the case:-
Q. Who drew the bill in the Kellogg casei A.
o. What was tie first step taken in that case
to by Mr.. Kellogg; took the bill to Judge Durell,
in his room adjacent to the courtroom, and SUBJ
O. was it in that proceeding the Mechanics In.
stitute building was seized Dy the United States
marshall A. hardly know, sir; never saw the
case that order was issued.
Q. What connection, Il any, did you have in the
fully in my testimony before the Committee on
Privileges and Elections OF the United States
senate, last winter, when my recollection was
Q. The statement that you made then. ana after
ward published by the committee, is substantially
correct, Is 1t notf A. never read the repOrt;I
presume that 1t Is.
Q. Did you make any application to the Judge to
issue any such order in that case A. None.
z. Who was associated with you on the part Of
Mr.. Kellogg A. My impression is that my name
appears as the only solicitor and counsel In the
bill; but short time alter the bill was fled Mr..
William h. Hunt and Mr.. Billings was associated
with me.
o. Did you, or either OF those gentlemen whom
you have named with your knowledge, make any
application to Judge Durell for SUCH an order, or
Tor any order In reference to the seizure Of the
Mechanics Institute bulldingf A. / did not.
=, q. When did you first know that such an order
to be issued or that any order was to be ssuedf
Please state all the and also state the
time day or night 1t occurred A. Some time In che
night; my recollection Is that 1t was about ten
O'CLOCK, or In that vcinity-I know was about to
retlre-when some one came to my house and
afafed that IudQe Qurell Maa anxinua To acc me-