The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-02-15


matter be discussed II four hours and
n half Is insufficient, The time can be
enlarged, but to ritter away the time
OF the commission by allowing an ar
gument on the admissibility OF certain
evidence Is uucalled far, and to couute.
nance such proceeding would be to
make the commission court OF COM
mon pleas.
Senator Elmunds offered an order
that the counsel be heard on the whole
subject rs the case now stands, and
that four hours on side De allowed.
Commissioner Abbott did not be-
lieve in mixing up the arguments on
the Offer OF evidence and the merits of
the case, Let arguments be heard first
on the offer, and then the commission
could in secret session determine what
they would do.
Senator Thurman concurs In the
view of Mr.. Abbott. Mr. Evarts said
1t must not he inferred 10y their silence
that they regarded the evidence offer
cd as already In.
Senator Morton said he preferred to
80 on with the case rs 1t stood, and
that counsel be given the time allowed
them yesterday, four hours aud II half
on u side. On the matter OF the adj
instability of evidence II could be de.
termined after the arguments had been
heard.
After further discussion, Senator Ed
munds' resolution was put to q vote
and lost by vote OF yeas, 4, nays, IL.
Judge Strong's resolution was then
put and carried, that counsel on each
side have two hours to argue as to the
admissibility OF evidence.
Subsequently on motion of Judge
Bradley, the counsel were allowed to
speak longer than two hours on this
point, provided they agree to have it
taken out of the four aud half hours
time allowed each side in which to
argue the merits of the case A recess
OF thirty minutes was taken.
On reassembling, Judge Trumbull
began his argument in favor OF the adj
instability of the evidence offered,
claiming that the commission has all
the power ofCngress and can go to the
bottom OF the matter before II and as
certain every fast. He claimed that
no man, worthy OF the high office of
president, or even of the position OF
constable of "A paltry town, should ac-
cept office on title given him by
William Pitt Kellogg. Mr.. Trumbull,
In stating the case, said he would
prove that Kellogg was defacto COVER
nor Of Louisiana during the months OF
November and December last, and
.na' he Wns not duly appointed an
eieetor. They would further prove
that when the returning bond can.
7assed the votes, they Lad no legal
evidence of violence at the election,
aud consequently had DO right to
throw out votes; that the Supervisors
OF election, wilfully or otherwise,
changed the returns from certain
places in their precincts; that by the
returns actually made by the commits
sioners OF election, u number OF elecs
tors were defeated rs electors by sever
al thousand majority; that Kellogg,
when he certified to his own and the
ether electors election, well knew that
he was certifying to what Was not
true and IN accordance with the re-
turns, and that the issuance OF these
certificates to the so-called Hayes cleo
tors was in pursuance of an unlawful
combination and conspiracy, Of which
kellogg, Wells, Kenner, Cassanave
and others were the actors
Judge Trumbull then read a
printed a brief giving at great length
the reasons why the Kellogg certifi-
Gates are false and fraudulent. Among
other things charged against the re-
turning board, was the forging of the
returns from Vernon parish. 1t was
also charged that Levissee, A. Brew
ster, Birch and two or three other Re-
publican electors were ineligible; the
two first, because they held offices of
trust and profit under and in the
United States, and the others State
offices.
Shellabarger followed Stoughton.
Tomorrow morning, Mr.. Evarts will
speak and Judge Campbell closes. The
commissioners adjourned at half past
seven.
CONGRESSIONAL.