The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-11-30

she did not, On the morning after the
occurrence, say TO John Swanson and
Mr.. Tidevell that colored man killed
her husband?
Witness, emphsttically-Oh, no, they
were not, there were two colored men
there, but Tideveil fold me not 10 tell
who they were. Oh mol no, no, no We
amt going to have it that way, on no,
sir. They were white men, they ali come
back and tried to kill me but they can
not have any thing thst way.
Mr.. Marry-We have no objection to
the fullest cross examination by Spoford.
Judge Spofford-We are taken by sur
prise but the course taken by the Board
the ruling of the Board, and we are not
prepared to go on.
Gov. Palmer-I may here take occa-
sion to say that this case involves more
than presidential election. 1t involves
the dignity and honor OF human nature.
l think you will hardly satisfy the
country unless you give such directions
as will lead to a complete development
of all the facts in the case. The people
have no right to claim any part OF the
government like that which is attempted
TO be shown here. | think you owe 1t to
the country 10 allow sll the facts to be
developed.
Senator Shermsn-l concur with Gov.
Palmer. l would like to have Gov.
Palmer and Judge Spsford cross-exsm-
inc the witness so We might have the
facts.
Gen. Smith-The mere cross-e1sm-
ination of this case would not develop
ANYTHING. 1t is to Investigate the facts
from all the witnesses, within rrasons-
bic number who may know the cnarsc
ter OF this transaction with this woman
rs detailed. concur with Gov. Palmer
in what be said. 1t does not concern
parties, but concerns humanity.
Mr.. Parker-You could not be
permitted to say that to
give any further privilege than
to simply say to the leading counsel that
the other TO crOss-exsmine this witness
would be to give more privilege thsn is
usual IN courts. IL would be very
great qualification to me if the eXsmlra-
ton could be carried on without the an
noyance OF intcirogartories, but by such
gentlemen ss-are now before me, rs Mr..
Smith or Mr.. Palmer on their side OF any
gentlemen who may be nominated by the
Board or others.
Gen. Smith-lf the Board will pardon
me, / desire to say that we do not de.
sire 10 interfere in the examination of the
witness. 1t would be proper that either
side should do that; there are men
entirely competent on both sides to IN
vestigate thoroughly the facts of the case,
and mere cross examination OF this
would amount 10 nothing. To the sugges-
ton made by Gov. Palmer that every
fact connected with the circumstances
which this woman details can or cannot
be sustained, l can only state that |
am informed bv gentlemen who live IN
the neighborhood, whose character
SO far as | know is good, claim
that the matters here set forth are
not true, and they desire, and the!eoun-
try desires, alter reading the statements
of this kind of the entire facts, be set out
In reference TO the character OF this
transaction, mere cross-eXamlnation OF
the witness, the gentleman, rs a lawyer,
knows would amount TO nothing, and
would say that this proceeding is not
conducted precisely as n case III court;
then certainly it cannot rest upon a
cross-examin alton alone. l. would be
proper to submit it 10 the court or jury,
whose province it would be to determine
the real facts in the matter.
Mr.. Parker-Th Is no disagreement
between US. Let the cross-examinsticn
proceed, and at the proper time bring 1t
into the courts
Judge Spatlord-We have just ar
riving on the train large number OF
witnesses Owing to the change in the
rules we will have to serve our
interrogstories in twenty-tour hours on
the opposite counsel. l ask, as matter
OF simple justice, that this case be post
poncd II we conform 10 the rule. We are
taken by surprise.
Judge Ray desire to call atten-
ton that we are compelled to make
our returns next Tuesday or by
Monday, as on Wednesday the electoral
vote must be given. II We depart from
our rules SO far as the investigation IL
concerned we will be unable 10 arrive
4 II Q result in'time. There are some four
or five prrishes still where inyestlga-
tlons will have be made. Now, | hope
there will be no departure from the rule.
The Courts Of justice are open and the
matter can be prosecuted there and the
whole OF the facts can bo brought out
Mr.. McGloin-I would like, ss white
citizen OF Louisiana, to say word. !
have in my hands a number OF affidsvi.'
which will clearly disprove that this out
rage was committed by white persons.
We have nun Der of distinguished gen
tlemen here from all parts OF he I MON.
This thing Is an imputatlou on the repu-
tatIon Ofevery citizen Of Louisiana. Now
we will have witness here tomorrow,
but say though the heavens fall let Us
clear this stain oti our e~cutcuiour and
show that the people Of Louisiana are
not fends, as they try TO show that they
are. They will take the testimony IN any
way that you desire.
Gov. PaImer-l do not want 70 be
understood as interfering with the mere
political contest before the Board-that
j. q matter | nave scrupu!ousIy avoided.
| see before me woman who has been
ieuly dealt with. Certainly It Is horri
ble. y neither 1t affects TIlden or Hayes
i. matter OF no consequence. The
Board ought to aid Us in arriving a. tho
truth. II possible, name member Of
your Board who can 20 into another
room and allow The examination 10 %
on. without referring TO the vote, and you
will do Al act oil justice 10 the country
and the people OF tbi, State.
President Wells-We are here 70 de-
eide political question, and the rcputs-
tion OF any one does not depend upon
our decisions. The courts are open for
these irve-tiga:!ous, and there il An oP-
pOrtunI.y 70 have the whole matter eff
ed. and the Board must 90 on, If the
gentlemen do not desire 20 cross examine
the witness under the Arrangement
agreed upon by the counsel upon the op-
posIte side to PROFOUND other interrogs-
tories. TRe discussion Ess continued tor
& considerable length Of time.