The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-05
TILE PRESIDENCY AT STAKE.
ZONE FONTS IN THE TRTdL BEFORE
THE PROFESSIONAL tribunal.
The Democrats Insisting That II IL In the Na-
tore Of Proceeding In thancery-Mr.
OConor's Brief Judge Hacks Vigorous
. Argument -Ju.ticc MiIIer's Evident HIns.

ture Of Proceeding In thancery-Mr.
OConor's Brief Judge Hacks Vigorous
. Argument Justice MtIier's Evident Bins.
WASHINGTON, Feb 4-The interest mani
Posted in the proceedings Of the Electoral Com
mission il intensified IA the crisis in the Flori-
On cnsc approaches. The counsel on both sides
Hni tAe potators thronging the Supreme Court
Chamber yesterday watched with the closest at
tniion cvory suggestion that fell from the
judicial branch Of the commission. in the hope
tnt some cNpr, ssion might fall from the lips Of
ono OF the five Judges which would indicate the
bias OF his mind but two motions only were
made which could possibly have any partisan
Interpretation placed upon them They worc
from Mr.. Justice Bradley and Mr.. Justice Miller.
At the close OF the first day 3 argument. after
Mr. McCrary had concluded. the presiding jus
ticc asked Of tho Democratic side whether ii was
their intention to offer evidence. and the coun-
sal representing that side Of the casc replied
that luch was their intention. although 1t had
boon their impression that all tho evidence on
whi1n they relied to sustain their objection to
lic certificate of tho Hayes electors was before
the commission 10y the a. OF the Joint conven-
ton. which had sent thithcr the objections to tho
different certificates. and accompanying the OBJ
j,-tiou was the documentary evidence on which
the Democratic side relied. At this point Mr.
Ju-tie Miller said that il was his understand
lug ilht no eNu'nce Ihtl YET urtn auIllllsl, ilht
She question whether they would admit any
wds yet 10 b. determined by the commission II
wa thereupon determined thai yesterday the
direct offer of evidence should be made by the
counsel for the Democratic side. and that argu-
mont, should be heard for and against the
proposition This. OF course, was coming at
onrc to the vital point in the great ISSUE
whether the commission should hold that the
electoral return having appended to it the GER
tlilcato Of tho executive authority Of a State
Should be deemed conclusive or whether evil
dence should be admitted to prove that this re-
turn was fraud. and that the certificate OF the
Governor attached was made with tho full
knowledge that the electors named in the return
w'rc not elected by the people Of Florida.
A. the time that Mr.. Justice Miller said that
b. understood thatn evidence had been admit
tel h. suggested to the counsel intending to
oi"r 1t that they make a brief synopsis or
statement OF what they proposed TO offer, in or
dor that tho other side might make their oblec-
tons 10 tle whole or such part Of the oflor rs
th'y excepted 10 at on time and not take up
tn time of the commission with objections 10
every particular piece OF the testimony. In ac-
cprlanso with this suggestion from Mr. Justice
Mer Mr.. OConor submitted yesterday morn
ing brief OF tho evidence his side
proposed to offer in support OF
The votes of the Hayes electors. 1t was an ad-
rruhly drawn paper hut in submitting It Mr..
OCpnor said that he had no consultation in re-
sard To- lts PREPARATION, he ana not prei@nd
ta 1 @ rather m he sSga %a4rtoS o t. the sa' S saty sss ~
endeavoring to simplify and Put before the
commission tho facts upon which they were to
pass and at The same time 10 indiC ate the man
herewith.
The counse for the Republican side have
Ill
ni"ry policy, and have at every stage indicated
thcir de-lre u procrnstin4te. In the arguments
Of their ObIectors II was claimed that II the COM
mission did not take the ccrtiil ate OF the Gov
ernpr 20 the Hayes electoral return a. conclu-
tive then the trial must be protractcd one, as
tcy would insist upon the right to have the dis
Lutd questions in regard 10 cach polling place
IN Florida inquired into and wou contest each
nnd every technical npnt in regard to the adj
Iis-ihity Of evidence as though the proceed
ing was trial before Jury The burden OF
their whole argument was that II the commis-
flon did not hold the Governors certiil' ate TO
~ con ruslye: th"n the trial would be, spun out
4 an indefinite length, and the crack Of doom
might be expected before decision would be
coached.
/. was to clear away any false impression that
HIS In" II argument might have made that Mr.
succin't 'tly set forth that there was before the
Commission the record evidence to establish
syery point relied upon by their side. save two:
Irst, that the canyassing board had, under
r.roTd Of the prSe"dings 'r',' in he Cifcut and
tupremc Courts Of Florida was the proof relied
g. the, returns from each county showed that
The, T,llen electors had been chosen,
.nd tho only authenticated copies OF
those rcturns was the evidence to. sus-
tam this point. The position Of tho
iorci6s put by judge Black Who insisted that
The proceeding before the commission was in
tbe nqg2 pa wb 81 Pr2s6sshf t6 sf IN SaaASf WIN SIf1
the evidence he had. AMI the other side did
likewise 4 they chose when they nlcd their an;
leen handed over in bulk by the President Of
~" joint Convention when the Florida case
was, under tho law, referred To the comm - on,
and II was altogether unjust and intended to
create ialso Impression to urge that they We're
Nore - offer testimony plecomeai as IN nisI
:, The presentation OF the statement Of facts by
Nj. OConor WIS "A striking scene. The grcat
aiyocate-tall. thin. apparently emaclated and
suffering, yet Us erect as an Indian. his coun-
tcnanre keen and sharp lookin the face almost
!loode1S and as pale as the scant snow white
locks Of hair that straggle over the massive
h"af-was In strange contrast with the square.
IN ~ u the latter was leonlne--his presence his
S9iee, his manner, all suggestive OF great vigor.
Inper 70 clear away all extraneous matter
Era tnl 'rpg }ne case To & an issni on 5srdl the
yisc BnS Back sv1eed T she 'hsSSa same afpese nepee
but did it IN his own vigorous way. With tre-
In.ndqus force of language and Irresistible
iotle ne swept away the frivolous techni icalitcs
N,u which his adv"rsaries were seeking 10
irnce n th9 commissi9n; HIS suggestions In
H. suhsequcnt brief argument after Mr.. Mer-
flek had concluded were fine display of legal
Ihrhiug and forensic eloquence. To the imagi-
tAtive spectator he appeared the incarnation Of
.lo t0f popA the personitication OF the mascl-
y oi an Indignant and protesting people. de-
uHnling In thunder tones that =" this spawn ofa
Enn'mu oonspiTary gotten up 10 cheat the
E'h'r ani the Union, overturning and over
tloglng the great principle that lies at the
Iuulhilon Of all our security" should DE dnHlt
%llh according 20 the rule OF lair play and natu-
IM luau'N There must be none of the snap
Y rnl' an Of risi priuS practice. which might
t'mimi,7llle II it was the price of sheep and
H. nn right OF whole nation that was " be
IA. niarng of the members Of the commis-
hi9h throughout the arguments Of yesterday
KS emlnpntly judicial, with the exception of
IVA t1n y Mr., Justice Miller just after Mr..
% It had submitted his proposition in re-
Slfl b 'ho evidence Judge Black had risen TO
ftsS, 7 ~ he said tho course Of proceeding
nU"h D. thought the comm ssion was bound by
~ lis duties to take, in order that might
sHh ~" Justice ot the cause, and the Pre-
ss.dlng Justice had suggested that 1t would be
~'nI h.ar from Mr. Eya1s Of the opposing
,,.Hn7" ilr7t Mr. Evarts said he waived his
FIWes' - proceed wherrupon Justice Miller
.s9 H. Ia rather "a percnptory tone, us lo-