The news and herald. (Winnsboro, S.C.) 1877-1900, 1877-02-06

mission. -
After colloquy between counsel
and membera of tho Commission,
Senator Thurman asked the Hayes,
ann Wheeler counsel what objection
there could be to receiving all tho
evidence suggested by Mr.. OCon-
or, subject to objections.
Mr.. Evarts briefly gave his rea..
sons for objecting to tho method OF
introducing evidence proposed by
the opposing counsel.
= Judge Black insisted upon it that
the evidence suggested by Mr.,
O'Conor had already been taken by
the two houses of Congress. Com
mittees were sent toFlorida; they took
evidence, had it printed, and thus
made it a part of this case. That
taken by the House was submitted to
the House after fierce struggle,
fillibustcring lasting half a night.
Io could not conceive anything more
unjust than to compel them to sub
NIT evidence by piecemeal. When
party files q bill in Court of
Equity, he may put in all the evi-
donco he choo es, and the same is
true of the party filing an answer.
The evidence cannot he rejected, but
must be accepted rs a part of tho
record. While Judge Black was
speaking two special artiets on the
spot were busily engaged sketching
the scene.
The presiding Justice said Judge
Black had exhausted the fifteen
minutes allowed
Justice Miller moved that tho
counsel on either side have two hours,
in which to discuss the objection
of Mr.. Evarts rs to whether any
other evidence than that laid before
the two Houses of Congress by the
President pro tempore Of the Senate
should be received by the Commis-
sion.
Senetor Thurman thought the ar
gument ought to go further and
embrace the admissibility of testimo-
mony taken by either of the two
Houses. The question should not
be narrowed down to tho papers
presented from Florida by the
President pro ten,pore of the Senate
to the Houses of Congress, " -.
Representative Garfield desired the
motion of Justice Miller to be en-
largod, soas to embrace an argument
as the scope of the power of the
Commission in the premises.
Representative Hoar offered
substitute for Justice AIiller's mo-
ton, as amended by Mr. Garfield,
but withdrew it, and Field
renewed it.
The presiding Justice put the
question on. Fields, substi-
tute and it was lost. The motion of
Justice Miller as amended was then
adopted.
Evarts suggested that each side
have three hours instead of two, and
the Commission accepted the sug
gestion. Evarts suggested that
counsel have more time to prepare
their arguments. The Commission
then took recess.
On re-assembling the Commission
agreed to hear one counsel on each
side to day and the others on Mon~
day. "
Mr.. OConor said he presumed the
three hours allowed each side mi ,;ht
be divided among counsel as they
might agree, and the presiding off
Ger said that was the undorstan dino
Judge Black asked if he might
make some general remarks and let
Mr.. Merrick go into the details of
the case. ...... .,
The Commission finally decided
that three counsel might speak, pro-
vided they did not exceed three
hours. ....
Mr.. Merrick, of Washington, open
ed the discussion for the Democratic
side. He considered it clearly the
duty of tho Commission to 60 to the
root of the difficulty by regarding as
it must and ought the testimony of
the House Committee on Florida as
evidence in the case. He read from
the act creating the Commission to
show that it's powers were ample for
this purpose, and argued that every
consideration Of law and of equity
required them to inquire into the
action of the Returning Board, taint
ed as it palpably was with fraud.
He cited the quo soarranto case Of
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