The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-21
THE M'ENERY LEGISLATURE
Marshal Packard on the Mechanics
Institute Order. sn
Duren Finds a Precedent in an
snn Order of Lord Bacon.


tnre. The following is the evidence OF Marshal 8.
B. Packard, President Grants brother-in-law, on
the same subject
Question. Are you holding any oficial p0sitionf
answer ! ! am United States Marshal FOR the DIS
and have held 1t ever since.
Q. You were United States Marshal on the 18th
State whether lsa or moi, S as Marshal an order
was placed In your hands, under which the seizure
OF the Mechanics Institute building was made IN
the case OF Kellogg VS.. Warmoth and others. A.
Yes, Sir; seized the building under that order.
9. Is that the original paperY Paper handed
delivered to me on the evening OF the 9th of De-
cember, and executed the same night
- Q. Have you made any return OF that to tho
Court9 A. No formal return. n.u.
Q. Is there any reason why that was not re-
turnedi A. No more than thai the paper was
made, that 1t had been returned.
Q, Were You present -
-. WHEN TIE ORDER WAS Drawn uPf
Q. VINO, beside yourself and Judge Durell, was
present at the time that the h order was drawn
with, and one or two OF my deputies; this paper
u In the handwriting OF my deputy, Mr.. 7. W.
Q. State the circumstances of the issuing OF that
order A. About nine O'Clock that evening Judge
his room was at the Corner Of BOURBON and Custom
House streets; went to his room with Mr..
O. When you reached his room who was there
A. think there was no one IN the room at the
time II any one was there It was some person who
had been left there as a sort OF guard to prevent
assassination; had sent one or two persons there
to guard the hallway. as there were great Tears
got to the room he told me that he wanted me to
send Tor Mr.. Billings and Mr.. Beckwlth; that he
c1 the sns ne FOR wh as se
State House I sent some one Of the men for them;
they came very soon and he told them the
same thing; they set about preparing the order,
after consulting over the matter the Judge,
think dictated the order, and Mr.. Billings sat at
course may re in error on some minor points;
alter it was completed my deputy, Mr.. De Klyne.
sat down and made clean copy OF the order. TO
then handed to me, and Immediately sat about
to execute the or0er, which did by calling on
General Emory for detachment OF troops, and Oc-
cupied the building that same night. ,..
q. Had you received any information before this
time-at the time You went to mis- room that night
that any such order was to be issued, or any ac-
ton OF that Kind was cOntemplatedY A. No, Sir;
had no knowledge OF that kind until arrived at
Q. How long were you there at the roomi Al
am unable to say; probably an hour. possibly an
placed in my hands, and dad not return.
q. Did Judge Durell make any statement to you
u naa ae s own
motion thought that none OF the solicitors had
instigated 1t, as they expressed some surprise
Judge il he had Considered the matter; the Judge
said that he had, and ne was determined ON it. u.
to 1T WAS ALL ON HIS OWN NOTION; LA.
we had no knowledge OF anything OF the kind
about the Custom House or ABOUT our political
and saw Kellogg nat
sumo It was with the Judge himself; II ady one
suggested 1t to HIM do not know it..
= Are yoI intimately acquainted with Judge
q. often about the Court' A. Yes; meet him
State SS' ss' his CONDITION that
night as to sobriety. A. Perfectly sober, 30
far as snsre was ANY
drink ABOUT the room. that saw at all, and am
quite certain That he had not been out OF his room;
think he has told me since that he dined that day
In his room alone. .U, .1a
handed wisns Gps A. Yes' SIT, II: 'u' 0'De' Aps'
Q. That came into your hands along with the
o. What was the otricial character OF those per.
sons that by this order were to be prevented from
assembling In the Institute buiIdlngf A. They
as the McEnery Legislature; II was not, as l un-
dersto0d 1t, the purpose OF the order to interfere
with the egress or ingress Of persons who had been
OF the State government; on the contrary. the
judges verbal order to me was not to interfere
with them, and he SAID that the object OF the
order was TO hold the building so that II ne wished
to issue orders thereafter he could get into the
building; he thought the Governor might barri-
cade 1t SO to prevent access, as had done be-
fore, and prevent the entry OF deputy marshals.
Q. That he gave you in addition TO this order
Q. There were returns OF election in the building
which the Court wanted to cOntrOls A. Yes, sir.
this paper attached to TINS order-what ofical ca
pacity A. members OF tne Senate and House Of
Fes board ~ By
Q. You say, pursuant to this order you did take
possession OF the Institutef A. Yes.
@. Will ask you whether or not on the day sue
ceeding the issuance OF this order It was UNDER
stood that these parties would assemble in Mechan
1cs' Institute building as LegislatureS A. large
number oil these persons on this list were also re-
turnable Dy the other Returning Board. but do
mr. knn uyho N w tfh rafa n
the matter for we had no knowledge at the time
what would be done; the TACT is, they did not at
tempt to assemble, that is those who were not
returned by the Lynch Board did not attempt to
assemble there.
BY Mr.; Eldredge-o Was there any day fixed
by the law that these people were expected to as
semble9 A. The governor mad issued proclaim
nation conyening the legislature in extra session.
the eth Iof December, following the date OF this
Q. How long did you hold possession Of the
building under that orderf A. Until Governor
o What was the datei A. In January. about
q Has that order been rescinded, as you know
orr A. Ofrecord think not, although do not
know. uru r...
your A. Yes; applied to the Court Tor permis-
sion to remove my officers from there, and 1t gave
me verbal PERMISSION to do So When removed
my officers also removed the posse OF troops.
O. When you left Judge Durelrs ONCE, on this
occasion, where did you go9 A. went to the st.
Louis Hotel; went to see General Emory.
Q. You say you took possession Of the building
under this order9 A. Ibid.
q. What did you dot A. went to the st. Louis
Hotel and made q
KEQUsITIoN ON GENERAL EMORY
for a company OF troops, and an arrangement was
made at once, and STAFF officer was sent with my
deputy to give the necessary directions for the
troops and put them under the direction OF the
deputy After that was arranged at the St. Louis
Hotel the deputy went to get the troops,
q, Was that part OF the order oil Judge Durellf
A. No, sir; he had nothing to do with that.
Q. Did You and he talk over the manner IN which
you were to take possession A. DO not reCOlect
that he gave any Instructions ABOUT the matter.
q. Did he aud you talk over the manner In which
you were to execute the order Z A. From recOllec.
ton could not say. but very likely did, because
intended to use troops. .af
9. Did he and you talk over the fact that you
troopsf A. cannot say whether I did or not;
think 1t very probable did.
z. In what form did you make requsiti0n for
tro0psY a. In the usual form; that requested
large number OF troops for the purpose Oh along
my deputy IN executing the process IN my hands.