The New York herald., 1877-02-04

dsnss ssens 60 Dc Desirable on either sid unless be
supplemental proof 81 the precise tact that the writ Of
su d.: s s ss: ss
20 % sos ss w 81 S. an ss ,a q
exceptions the whole this branch upon the
TAird-To show what is the Law Of Florida and
den electors desire place before the comsson the
cord Of the in the Supreme Cour. in tina. State
Governor OF .ha, state. by force of which Mr.
This Judgment together with the judges opinion
.s osr matters noo OF nor record Ssrs and tss ears
20 the ~ ~.nnsr in which this coam,s.oa
be permitted TO nterec viii be that endeavo
H s0T sss 'nSs a the ss.ns =" %
ber 1876 authorizing new OF the electoral vote
thereof 10 the seat Of perfect conformity
80 sn' in s s1S 10 . ns, 1 %
c record and sresay rsgalsy before the commission
before the evidence actually eArn
e acting certain white making their
which the as; electors apnsarsa e chosen
parts Of the returns cm each Of the following counties
IN % said Board su.
the sa ss y a as css Of
sSSl. sS"s.Ss. a' b" ss' slssss
sa s Hayes ssss0 1ss sss sna that the 1as
view could Ss called sxsrinsic beo.cdi be needia
doctors except duly authenticated copies OF the
s"a o hs s ' % ns aos four
wholly and the othes in part-rejoctcd by said state
mayos eioc,or held oiiee under the United states
porting the a and tho opening
tered in tci, Ssn. the Of .ss rdsn ssssors
e offered by supporters OF the hayes electors except
that Mr.. Humphries rcsigncd.
Mr., O,CoxoR thon continucd-Il may be permit
ted TO say word before proceed, would say that
have acted here with view 10 support mysldca that
the ace method Is take proof subject 10 Objection and
that there IS not enough OF the matter TO produce de-
ln ION nF IA
proof On tho contrary there is so little und
Il is almost completely pure mattcr, that might be
the eviacncc very shortly, unless the Commission,
dcemng II beneficial as to time and result, peascs 10
little scrap OF testimony offered, TO present our whoe
ON both sides ana have the whole merits settled
Alter some general discussion upon the subject nj
evidence and its adtnissibity,
JUDGE BRADLEy's SUGGESTION.
Judge Bradley saudi understand Mr.. O'Conor
suggest that the evidence referred 10 by him. the
cxtrnsc evidence be received Professionally tor tho
purpose OF argument, not 10 be decided by the Court
ut present. Then II IS with the Commission question
whether thut be the better course whether we had
better have argument on The admissbiity OF evi-
dence now before VIC 60 into argument tho
merits. US the argument the admiss,bity OF
dencc would necessarily greatly involve the merits 1t
seems TO mo that unless counsel both SIDES have
forclbo objections than plan Mr. OConors suggestion
is a good one, because It will unity the argument
make but one argument on the Whole case"
Commissioner HOAR-Suppose Mr.. O'Conors oner.
ing oil testimony DO objected 70 by the other side and
the Commission hear the argument OF tho US 1t
any judicial proceeding that think OF an argu-
mont nado on demurrer IL the plainlil's evidence,
the evidence not being considered In but AZ offered.
The PRESIDING JuDGE-rhat was the view OF tho
Chair.
Commissioner HoAR-If we should hear the counsel
both SIDES tho presented by the certificates
which are before the Court and the ofer OF evidence
made by Mr.. OConor whl:h was objected to by tho
other side, It that that would present
principal question, whatever others might DO In tho
case the clear, convenient and quickest FORM
Commissioner rHCRNAN-l would Ike TO inquire Of
counsel who support certificate No. what objection
they oil This evidence being admitted subject
to all exceptions, not precluding any objection whaiso
that tho testimony which will be produced by him Is
in vory simple compass However great may be tho
other side. do not know what objection there is as
this is trial not by jury but by court to receiv
ing all this testimony subject to all objections aud
then arguing It's admlsslblity with the main argu-
msnt IN the case, allowing The COUNSEL II It becomes
necessary in the adoption OF that course, moro time.
Tho PRGsiiIXG JUsrIcg-ln the absence Of other dis
cusslon, will state the views OF the Chair-l should
regard the paper by Mr.. OConor as offer OF
proof Nothing, therefore, remains 70 the other side.
except to object or waive II
Mr. EvARTs-Thcn am not permitted to reply TO
tho point made by Commissioner thurman,
Tho PRESIDING JUpGE-lt ~ hardly necessary, DO.
you have argument ut tho proper time.
DO you object to The oilcr OF proofY
Commissioner THURNAN-l would suggest that Mr..
Evarts ought to answer my inquiry.
Mr.. EvAnrs-l arose originally TO speak to the very
point to which Commissioner Thurman has called my
attention.
The PRESIDING JUsrIcE-very we'll, sir; you may
ply 10 the inquiry.
MR. EvARTs' REPLY.
Mr.. EvARrs-I will be us briet as can. The propo-
stion the preparation OF tho tor
arg upon It's exhausted and completed merits in
either alternatives the views OF this
to the exclusion the admission OF anything shall be
made up by provisional acceptance Of the mass OF
proof whatever 1t may be, TO be discussed as ~ the
admissability and pertinence and efficacy IN tue
final argument That understand TO be the PROPOSE.
ton. The difficulty with that IS, that It requires the
inclusion OF all tho countervaiiing pooor that we,
posing their certificate supporting have right
to present under determination OF this Court
nlshed from tho hands OF the Vice President AN
OF the election In the STATE
upon trial OF right to the oicc then We say that inc
tribunal that accepts that testimony ana is 10 fulfil
that duty Is to receive evidence that Will make the
scrutiny judicial and complete ircm the primary
deposit Of the votes to tho conclusion OF the election
Now this Commission, ms suppose, does not cOntein
plato provisional introduction OF all that evidence
oral documentary, record aud otherwise our part
which comes Ia without objection and subject only "
tho sitting OF the final argument That s my sugacs
ton TO this ntmatI0n Of convenience Of
the introduction oil ovidencethe evidence
by whicn, are by the instruction OF this Com
mission lot into tho scrutiny OF the election OF Flor.
ida--in matter which eau only be exhausted
by oral testimony and by the fundamental
original transaction Of tho election. That IS
the difficulty selecting part OF the evidence bo
admitted Professionally, ~ furnishing the ground and
area Of tho hna discussion, because u does not in-
OF the Court on 6nal argument may be
properly Introduced object to the evidence now OIL
tered.
JUDGE BLACKS OBJECTION
Mr. BLAcK-Wc insist upon II that the whole OF tho
evidence which has been offered by MIR. O'Conor
referred his paper has been gwen already and Is
part of the record This case A question be-
fore tho houses OF Congress whether
certain votes offered for President and Vice
President ought 10 be counted or not Whether
they ought not depended upon the question whether
they true votes votes falsely fabricated, not
with purpose 10 behind the appointment OF the
electors but Tor the purpose OF asccrtainng what coc
had been appointed and who were the true agents
OF tho people tor the purpose OF casting It's vote The
fhar vip
10 entertain an appeal from the decision OF tho
State, but TO ascertain what that DECISION
was, which involved question OF act.
houses should be informed concerning that proof
which they 10 decide upoD and accordingly they
TOOK brcf Legitimate and proper mode OF asccrtan-
ing what the truth was They sent their committees
and mad testimony taken and collected documents and
put the whole thing into proper form. and then
Auck nd aNn Ia ~ hOIian lIuuni q