Wilmington journal., 1876-03-24
AFTERNOON SESSION.

Wh-n the court assembled Colonel
French said he had examined the tele-
grams ana thought that they would not
be competent, and wOu d not introduce
them He asked that subpenas be
issued for W. S. Norment and --.
He requested tue names Of the wit
nesses who were summoned for the
United States anl who had not been
examined, in order that he might see
what they knew about tine matter. Col.
French then stated that he, as wit
ness, examined by the prosecution, had
commenced conversation which he
wished now to finish in justice to the
defendants. There being no objection
he said that in the conversation with
Morrison he had told Morrison that
having made their dec:sIon the matter
was at an end. He told him, 'If you
did what you thought then, and Still
think Is right you vii. lose, and deserve
10 lose. the respect OF 81! good men in
10Th parties if You now change your
d. cIslon.
MIR. d. \. Buie testif- [ was
register at Union Chapel. TINS is one
Of the precincts that were thrown out.
There WAS a discussion as to whether
the poll books should he sent up The
roll books and th4 returns would not
agree For hat reason tney were not
sent, but the pOii books were nailed
up The Repunli al ln sjorlty at this
place was 300, heard no hing OF "a
conspiracy about not sending the poll
books.
Answer to Maj. Badger: The regis
tratiou BOOKS did not agree with the
votes IN the box.
s. i. Edmuuds was examined and
test fed: / was poll holder at Bri;t's.
There was a discussion as to whether
the poll books should be sent up. One
OF them sad It was not necessary.
There was "a difference of opinion, aud
it WIS decided it vas not necessary.
/ asked DR.. Norment to assist me to
make out the ratu MS. / drew up the
returns and showed them to him and
he said he thought that was sufficient.
The list has been returned but has tot
been signed. There was no conspiracy
between rs and the com missiOnets.
AIr McEachen: [ was at the Blue
Springs The list was not sent at all.
| tol3 the register to send up the list of
the votes. He said he would send
ever ytbing right. L diln't know of
any conspiracy with the cOmmi ission-
ere and us. MIR. Watson, the register,
prom ;sed to t. ke up the returns. I
kuuw the character of n. a. Mclean,
aud 1T Is good.
Il iwin Cucrie: [ was poll holder at
Lumber Bridge. We did not send the
poll book AID thought it was not nee
essary. The nam of the voters were
not sent mp.
Mai. Badger here stated that it was
not necessary 10 go further into testi-
nony as to Col. McLean's character.
He would admit that it was good, and
II necessary would testify to 1t himself.
tllat he knew IT to be good.
Fletcher McNeill was recalled and
examined by Col. French: [ have
known Col Mclean for 35 years and
his character is good.
Col. Freuch then announced that this
vas the testimony for the defendaute.
At the conclusion of the testimony
tI.e ~ ugument was commenced. The
Unite ,ts te8 attorney said he
would open the argument to show upon
what grounds ne rested the case for
the United Stats. District Attor-
ney Badger stated that inasmuch
a5 he was eutlt1eu I'D CDuCtUu6
| the argument, he would Likewise make
! the opening statement of his case in or
der that the counsel for the defenda, ts
| might understand the grounds upon
which he asked the y. s. Commits
sioner to bind the defendants over to
the Circuit Court.
The argument of Maj. Badger was
| first as to the Jurisdiction of the court
in cases of this class. He adverted to
the revolution in the government of
| the United States which resulted in
| the adoption of the 18th, 14th and 18th
amendments to the constitution, and
then very ingeniously discussed the
force, application and meaning of those
amendments, endeavoring TO show
that these constitutional amendments
in guaranteeing the rights of citizen
ship to citizens of the United States,
conferred also rights upon citizens of
States as such; drawing the conclusion
that if citizens of States as such en-
ioyed privileges and rights, by force
| of the constitutional amendments, the
courts of the United States could be
invoked to guarantee those privileges
and rights. He quoted the opinion
of Judge Bond, delivered in Peters