New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-09
A REVIEW OF THE FIELD.
YESTERDAY IN THE COURTROOM.

ny TELEGRAPH TO TIE TRIBUNB.J
WASHINGTON Feb S.-For the first time witnesses
were examined in the Supreme Court room to-day
fter the Commissioners had taken their seats and
the formidable double row of lawyers facing them
had fonnd their places Justice Clifford read the or
ders adopted yesterday. Mr.. Green of the Demo-
cratic counsel called the first witness. slender,
smooth-faeed young man of modest appearance came
torward His name was not audible to the gallery.
As there Is no witness-stand in the room he did not
tnov where 10 60 and stood at side in front OF
the Associated Press reporter Then at the request
of one of the Judges he moved TO the center, where
he stood right before the examining counsel This
would not do. and so Charles 0Conor rose. took him
nv the shoulder and kindly made place for him
beside his table. He was sworn twice IN order 10
make sure that the right oath was administered
This was great deal of swearing for very little
testimony. At the second question the witness was
summarily ruled out. The modest young man
proved to be George P. Rsiney, Attorney-Gen-
eral of Florida, Lot the man who commissioned
the Tilden electors but his successor. The Demo
cratic LAWYERS had the unbOunded assurance TO
begin examining him about the quo ~drTdntO pro-
ceedings il face Of the explicit order OF the COm
mission restricting the testimony to the disqualified
tons of HUMPHREYS Mr.. Evarts promptly on
his feet with an objection and the Commission shut
Rainev off by a vote that would have been unan-
;mous had not Senator Thurman dissented. The
next witness Mr. Young, who knew that MI
HUMPHREYS was a Shipping Commissioner last
August A copy of his commission was introduced,
and certificate from the clerk of the Circuit Court
that no resignation was on file in his Office. Here
the Democratic case closed.
In response Mr.. HUMPHREYS, a middle-aged man,
with the look of a well-to-dO merchant appeared
He testified that he resigned Oct 2 that ne received
ton OF
and turned over the office to the Collector of Gus
toms. He produced his letter of resignation to
Judge Wood with the reply, in confederation of his
testimony and the fact that he threw up hls Office
before the election seemed to be as clear as 1t pos
sibly could be.
Mr. Green and Mr. Merrick were not willing, how
ever to acknowledge themselves completely hoOred.
and they set up the astonishing theory that Civil
officer cannot get out of Office OF his own motion,
but must hold in whether he will or no until the
power that commissioned him formally accepts his
resignation. This power, the Democratic lawyers
held was in Humphriess case in the United States
Circuit Court and they insisted that the Judge couIu
only accept the resignation while holding the court
As no court has been held in Pensacola since Octo-
Der it would follow that HUMPHREYS is still Shipping
Commissioner.
Nomore evidence was offered and at liz o'clock
they talked. the Democrats getting one extra hour
added 10 the regulation two. This granted
them 70 make room for Judge Hoadley, who came
all the WAY from Cincinnati to rehearse his we'll
pad-for opinion on the inelgibility question which
Tlden secured from him to stimulate and defend
the Oregon fraud. Judge HOadley made no impress
son He is fair speaker, but III bis hours argu-
ment made no striking points. 1t was mistake 10
bring him into the case for his connection with the
Grover-Cronin affair deprives his remarks
of all moral force. He is looked upon as
the inventor of the inehgibility dodge,
and although undoubtedly competent TO ex-
plain its workings, his place might better have
been occupied by some of the more distinguished
lawyers engaged in the case. Mr.. Green OF New
Jersey followed him i'll rather dry speech III sup
port of the validity of the post facto returns he
seemed to feel that he was making hopeless effort,
aud that the whole case had virtually been decided
by the action Of the Commission yesterday. All the
Democratic lawyers, in fact. looked much cast down
to-day and the speeches of both Judge Hoadley and
Mr. Green dragged and were lifeless. Mr.. Green
filed I'D his hour as best he could, and made Ill
quiet way all the points that could be made on his
side Of the case
Judge Shellabarger opened for the Republicans
His ringing voice and emphatic manner walked up
the sleepers III the galleries and raised the angud
Commissioners so that they leaned forward IN their
easy chairs and listened with evident relish. de
was earnest and positive. Convinced himself he
was convincing 10 Others. be seemed 10 Drlng
fresh breeze of common sense with him that scat
tered the dusty technicalities bubbles, and clta-
tons of the other lawyers. Among many strong
points he made one 10 the effect that the electors
exercised an act of government which necessarily
terminated on the day when they east their votes
N 81 l. A. lrfG aln
for the Republicans. He discussed the eligibility
question and the lack of substance of validity III the
bostmortem Tilden returns with his usual display
Of learning and logic and in his usual long, involved
and rather obscure sentences-a delight TO rhetor-
Cans no doubt but difficult for the ordinary list
enef to follow or fully comprehend. AS in
MS first speech before the Tribunal, he
disappointed his audience by keeping closely
the dry path in which his legal
argument led him. The last speech was made
Dy hr Aenick Of Washington, who closed for the
Democrats He less dull than his colleagues
cecause be threw III good deal of talk about
nSuds, peIjuries, and crimes, "a kind of hlhp,"
Without which all the Democratic speeches IN that
Tone have been fat of flavor. TIE Republican Com
mssaoners-Mr. Hoar, Mr. Garfield, and Judge Mil
id-bOthered him with questions. and once or twice
hlpped of what promised 10 be fine thread of
e"ncht Dy demonstrating IT'S weakness. NeVerthe-
les be managed 10 put in good deal Of yigor into
MS remarks. II they somewhat lame and raSn-
'hng He finished at little before g.
recess was proposed for half an hour; and while
The Commissioners were talking the matter over,
MI Thurman moved to adjourn until 10 o'clock TO-
morrow morning. The Yeas and Nays were called
And the seven Republicans all voted Nay. The
seven Democrats thinking that they could not lose
and might gain by DELAY. voted Yea, and the odd