The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-04
VOL. XLly.--N0. 157.
THE ELECTORAL TRIBUNAL.
rUE ARGUMENTS on THE ADMISSI-
BILITY or EyIDENCE.
Sb, Democratic Case Presented by Charles
OConor, Mr.. Merrick aud Judge Black
M..-rs. Evnrts. Matthews, aud stoushton
s,enkIng for the Republican Side.

speaking for the Republican side.
WASHINGTON, Feb. 3-Tho commission
vas called to order at 1880 A. NJ.
Tho oPrcsiding Justice-Doubtlcss some ques-
Hon will arise as to tho best mode OF proceed
Ine. and will say. without speaking for the
commission, that II seems to me that counsel
representing the directors to certificate No. l.
should make their offers of proof in q concise
we-arranged form. and then that the counsel
representing the objectors to the second certin-
cate make their offers OF proof. based of course.
upon tho condition that proof should be ad-
nittcd; 1t being understood that objection may
bsmado TO all proofs by counsel representing
cbectors TO Certificate No /. In case there be
decision that proofs are admissible, then the
commission will have before II n case. II that
coursl be adopted. the case will then be the
certificates. the accompanying papers, tho OBJ
ietiona and the offers Of proof upon which the
counsel upon one sido or the other will be
beard.
MIR. O'Conor-Mr. President and gentlemen OF
The commission: was first advised OF tho posi-
ton IN which this controversy stood and tho
stage at which we had arrived by n question
somowhat suddenly propoundod last evening
before the adjournment. have cndeayorcd in
la INT rya TO adjust statement as To what
seemed to me desirable matter in the nature Of
evidence to be laid before this commissioners
distinct suecinct. brief. explanatory. and intel
lghi' u statement IA by the utmost olOrt
could make-having in view the at Of Congress
under which this commission Is acting, which
seems 10 contemplate great promptitude, or at
least great effort at colerity on the part OF all
concerned. so that the possibly numerous and
difficult matters Of investigation that may be
presented may be gotten rid OF within the limit
OF time allowed by the circumstances: and the
many observations that fell from the bench
nSs on strong iG desire 0 to second his oSect on
the part of Congress and 10 accelerate as much
pss hs n PtSs rm the sd 99 prepST pSn
though that oe not the form that Is the sub l,;
COPY oi 10 much less TO have it printed.
hr Eyarts-If it please the commission. de-
sir /, say a word II we are 10 assume that the
intimatOns of the Presiding Justice are the
order oi the commission as 70 the manner Of
~ have that that order will be the mode OF this
The Presiding Justice-It is not the order OF
The eommission; IT is merely suggestion from
Nj Lyarts-No objection was made by any OF
your a-slcatcs. and II MIR. OConor were to pro-
coed suppose it would have been on that idca;
did MT wish to question that fact. but wished
D. say taat l.. that be the order OF this commits
sion A. % the method 81 this trial, II Is the first
ntm,f IA that We us counsel have received
HAT tia' would be the method. and we have not
prepared ourselves, and We are not rendy -
Irce.eI upon that method 81 trial so lar Us az
LImatiyc action on our part Is concerned.
Mr. o'coNoRs ARGUMENT.
nIr O'Conor-I was not instructed nor had I,
n)r any ri Us any earlier notice than had the
earned 'ouns" on the other side oi the proha-
be rlfr-ts OF things this morning, suN" what
in-'ri.tipn we might derive 10y drawing our
own inference from. the observations that fell
from tine Chair and from the learned counsel on
both sides Yesterday. ami my object in Offering
wnai propose 10 read to the Court. and which
have not read myself u second time yet. was not
T. conform 10 any particular views exactly that
Ihavc hoard from any quarter, but to place the
fats Of the cnse in this brief and condensed
form. 80 that the proper course OF preceding
%s4 % al ap1 view o%e 81 Se qaTfG mer q by Ihe thu
commission. The chief consideration which
indu me- To- ad2rt such ,onrSe Tas NE; re,
Lg-nrrdl argument on this whole case and lis
per'- wa- to he preseniSd TO this C0ur,
p'rol of say fifteen minutes TO present
thelr views on any Incidental question,
tr-. tSl rules before and the record proper.
9yn- - 81 the certihemes op-ned by the
Pr A i the senate. and the objections 10
tsW uu may add pS part of the record the
stat 'iifri- made To- this honorable cOmmlss lon
hy Oh. Managers on both sides was led 10 be-
lsgrf "a there would be something possibly
our" iu 0nsruous and unproltabe, owing 70
IT, p''in condition oi this proceeding. IN
ku I' lurse ~ taxes place ordinarily IN sub
orinst. ouri- before 4 Jury, who are To be pre-.
sumel ntiroly incapable Of discriminating and
Enlfti he taken into ju lgment in the final
cin- iHr.liion Of the case. 1t would bc very IN
-'i 'i. or III -WI'h u ''iNi@' WIS 10 h'' ithfu
ter. .ii-o the issue is To- no made by those
pay r, o. which hHye rei"rred-the certificate
:, ,2n1 Sr TRs lcq1 Il ,s e- S mSJ a a. lsaSi ,95
Ia wi.l 'tul thcml. makes the question wheth-
ef aif uion" outside ot that record -hall pe
r"'lr'i-ilr whole question IN controversy IN
tis .-". saving and excepting the possibility
Of -9il' ,inilrmity IN the evidence; and, inas-
MT % ~ have supposed from carciuiihQush
very D mt view Of tins ease, that there
wa- n..ther any innrnlity in any evidence
WI l ih supporters of The Tillgn electors offer
T. present, nor any desire tp of'rr eNidru ~" to
eontrad Il that, 80 H. to rAis. question, was
l'i to ia, conclusion that the admisslbllity Of
ui- -)-allrd eNtrin-ic evidence. its effect. and
tho INA! merits Qf the point which You haze TO
sp.ntorS or two classes of ccrih ate- that those
ur," things fairly resolved themselves into one
and IA" same, and that whenever piece Of evil
d-n II this extrinsic character is offered,
t"r literally nothing which the supporters
Of tIe Hayes electors desire 10 say or desire to
pr ~ this commission in any branch of this
controversy. that VIII not he relevant, nor can
per.iy" that a decision interlocutory upon one
OF lA.,' Incidental questions would not, II iav-
0rri" % the eXceltant or the obIector, be- con-
ei- Soc %, 10 the whole case. because that decis-
on would almost certainly go upon an afirma;
s pnpa PosI t"rs rey R 's grs 2i
IL 'h.' lehatr OF fifteen minutes about the ad;
pl7-nlly oi partcnlHr evidence We would
ia'" 70 argue the whole case. There would
H. b. aan"qlty from the nfGfxiRiIiy Of your
giving ldtlonH time. But il has not appeared
y o. 'h.t hat was the true remedy or the true
e1ut,f On the contrary with great re,
sp' 10 IN, better judgment Of my learned
~ eal' with any honorable menbcr
Wow ~ H. Ms conception OF the matter is that
an ID nr'dlul evidence should come in. subject
enc t- may exist for the reason that they
L.7-Iily Incorporate themselves with the
9 9t T9uN state here, before reading the paper
| NN' shall take leaye 10 present, that such Is
t.r oi iat + Judged by y Judicial experts, such
a. l.lr hopoi- must all be pronounced 10 be-