The New York herald., 1876-11-26

into bookseller'a purchased some light literature.
and then walked down Plain street TO the jail He
found Secretary OF State H. C. Hayne colorcd already
| there, quietly smoking . pipe. Ex-Adjutant and In
spector General II. w. Purvis, coored arrived soon
after. and the ex-ohcio Board completed little
later by tho arrival OF Comptroller General T. O. Dunn
and Attorney General William Stone the latter Two
white The members OF she Board were considerably
..disgruntsd' by the change from their sumptuous
ofces and comfortable homes TO the dismal confines
OF small room, devoid OF any furniture and which
lighted BY barred and grated windows and closed
by boted DOORS Sheriff Dent did ali he could for the
distinguished prisoners in the way OF providing them
with table and chairs but they had TO send to their
homes for mattresses blankets and few other CON-
orts and luxuries to render their situations agrcsa
BILE as possible under the circumstances.
MEAN OUT.
The HERALD correspondent Interviewed nearly all OF
them 1t the jail The most that could gotten out
OF them that they there, and endeavor-
ing to make themselves comfortable They seemed 20
be agreed that there hope OF getting out to-
night but they we're equally that out they would
60. and that very AS TO the modo Of exit they
were ignorant the average convict In the Peni-
| tcntiary
Comptroller General Dunn remarked that their coun-
sci, United States District Attorney Corbin. would
take steps for their release, but he not aware Of
the nature OF tho proposed proceedings in this
direction.
Secretary OF State Haync sad-"l guess our friends
outside vii, get out somehow. l have NO fears Of
that" He claimed that tho Board
DisoBxygD
any order of the Court; that they complied with the
|. only order received by ihem which TO ''make n
return Of the number OF votes received by all the
candidates election held the 7th inst J" and
when the order served to ''ssue certificates
to the members or the Legislature asceraned to have
received the highest number Of votes the Board had
been tisnctus otacso eleven hours They maintained
that the law their side and that they de-
termined reccdc from their position; one
Of them SAID, 1--WE won't purge worth cont"
Hayne said he ..wouH not be surprised II the Su-
preme Court would release them itself on Monday as
by that time the would be ashamed Of lis action
and abandon its position"
This was rather a stretch Of Imagination in which
M. Hayno hardly ndulged any strong hope.
THE ELEcroRAL RETURNS.
After disposing of the OF contempt the Court
this afternoon took up that Of the Presidential eec
Yesterday the counsel for petitioner laid rule
tho Board OF State Canvassers to show why
they should not the vote for electors correct
ing the county returns by the precinct returns, re-
porting whatever differences tho Board found exist
between these papers.
CONTEST.
The republicans find that by merely adding up tho
returns made by tho county canvassers all the
Hayes electors arc shown being elected.
The democrats claim that the precinct returns also by
law in the hands Of the State Board, show many
rors mscouns and illegal counts; that the county
turns count the precinct Of Sheldon in Beaufort
county, which does not exist but which shows $50
republican majority and that they also count votes
which shown the precinct returns to have boon
cast for "Hayes and Wheeler" as II thcy had been
cast for each OF the republican electors,
when, IN fact and in law they not
cast at ALL The differences against the democrats
mado by this count aggregate from 800 to 500 votes
and II corrected will elect several Tden men, possi-
bly, all OF them. Therefore the republicans want tho
count to stand for ON it they win. Tho democrats
insist on having il rectned, for by . recount thoy
win and Tilden is elected. This issue Is
clear and it is fought desperately. Tho Board
replied to the Of the petitioners that they
had acted the ed fh I'm to act. that the
time provided by law for their session had expired and
thoy could do nothing further When It is recollecscd
that the Board cooling ts heels In the common
jail for taking this position the refreshing bonhomme
OF the will be appreciated In substance is,
tive construc tho law for ourselves you shall do
it, 1--WE have done please and you shall not
direct or order Us"
THE ARGUMENT.
To these propositions counsel addressed themselves
for many hours with volume and abundance of learn
ing sufficient to establish anything, confound any
court and at last the argument endod and the
Court took the for advisement Its decision will
be rendered Monday morning
VITAL OMISSION.
II was then near oight O'Clock and the Court was
about risc when Mr. Conner called the attention Of
the Court to tho fact that no certificates had
been issued by the Secretary OF State to
members OF the Legislature, required by
the order OF tho Court. for disobeying which the
Board were all now In jail. He thon offered the form
Of an order which he asked the Court to pass
irg Clerk to furnish to each person shown have
received the highest number of votes copy Of this
order 1t certificate that II appeared by the
port Of the Board OF State Canvasscrs that the party
named had received - highest number Of votes that
the Board had ordered to certify fact that
had refused and had committed to Jail for reius-
ing that the Court doing itself what ordered thom
to do did certify that such party duly elected
having received the highest number OF votes. The
counsel having been foled by the Board who had gone
10 a rather than those certificates OF election
we're trying 10 get the Court to give them certd-
Gates This IL VITAL for il in form will depend
the organization Of the Legislature The Board have
given certificates to sixty republicans and nfiy.six
democrats. and refused them TO eight democrats by
this sharp trick hoping to tho organization or
the Legislature and count democrats on tho State
ticket out and
fUr IN CHAMBERLAIN
as Governor elect by throwing out Hampton's strong
democratic counties
Tho Court said they could not understand the object
OF counsel Everything asked was already part Of
the record In this Tho Clerk would furnish any
one with extracts from copy of the record which
would be substantially tho the order and cer-
ti1cate asked for.
Mr.. Conner said that they appreciated that but II
certainly would do no harm to give them the order,
and II might bo more efficient than a extract
Judge wILLARD-I cannot understand why counsel
thus press this Court. We have In hands for do
csou this most wciahty cause that requires all