The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-07
ljoJ WHEELING w. WEDNESDAY MORNING. FEBRUARY

to prosecution, but he reserved his con.
struction as to what were his rights, and
the committee had no right to question
hlm when he was in duress.
Q. Did you take part in any conspir,
acy to give the State to Tiiden2 A. Are
you through
Mr.. Field-Mr. Stenogrspher, read
him the question.
The stenogrspher read the question.
Wells-ls that the finish of your ques-
tion2
Mr.. Tucker-This is trihing.
The Chsirmsn-Oh, Mr.. Wells, an-
swer the question or decline to answer.
Welk-Csn l say word?
The Chairmsn-Not now.
Witness-l do not know whether 1
am q yssssl or peer. If peer, i should
like 10 know it. If am vassal am
forced Is q servant to answer your ques-
ton.
The Chair-I wish in the kindest spirit
to BRING to your attention the attitude
you occupy.
Witness-There is no gentleman ts
whom would listen with more stten-
tion than yourself but | must consider
my duty.
The Chsirmsn-I merely wish to re-
mindyou that having sworn to tell the
truth. you must answer.
Wells-l will, fully, whenever re-.
lieved OF the disability imposed by the
House, which holds me in duress.
Mr.. Lawrence asked the witness if he
declined to answer because he feared he
might render himself liable to criminal
prosecution.
The witness replied that he did not.
Mr.. Field-Will you explain what po-
sition you occupy?
Witness-Am | q vassal or peer?
The Chairmsn-That has nothing to
do with your position, You ale under
obligation to answer every question, ex-
cepting, of course, such rs might tend to
criminsts you.
Witness-I reserve to myself the con-
structlon of my rights, and the commit
tee have no power TO force me to answer
questions whilst | am under sentence Of
the House.
Mr.. Feld-You rejected 10000 votes
and upward, were they rejected for any
cause other than alleged intimidation.
Witness--I decline to answer.
q. Did you not know the rejection Of
10000 votes was part of the conspiracy
TO give the electoral vote to the party
not entitled to It. a l leave that for
You to answer.
q. Did you take part in any such con-
spiracy. A. Does that conclude your
question.
The Chairman-Oh, answer the ques-
tion or not.
Mr.. Tucker-We will take vote and
see if such conduct by the witness should
be tolerated in the Committee.
The Chairman-The question Is whether
the Committee will require the witness
10 answer.
AIR. Tucker-rhe sentence OF reproba.
tion should be put on the witness for not
answering.
Witness-Then / am n vassal.
The Chairman-keepo order, sir.
Mr.. Seeleye remarked that it was
unanimously decided this morning so far
as the authority of the committee went
that witness should answer questions.
Messrs. Lawrence and Burchard con-
teurred with Prof. Seeleye.
Mr.. Field to the Chairmsn-1s it not
q case of contempt and misdemesnor
under the laws of the District OF Colum-
big for witness to refuse TO answer the
questions propounded by committee.
The Chairmsn-lt is.
Mr.. Field-WitL ess is contumaclous in
the highest degree Mr.. Field then ex-
hibited to witness the statements show
ing the number of votes rejected IN
several parishes attestei by Abel. Sec.
retary of the Returning Board. Ohjec.
ton was made 10 the paper.
The question being taken the obi lection
was overruled by strict party vote.
The statements showed tha the Board
rejected l,763 Kellogg and lO,2sO Nc.
Emery electoral votes. Another paper
was exhibited to witness, SO attested
by MIR. Abel, showing that the super
visors of Registration returned 1917
Kellogg, and s0,5l5 McEnery electoral
votes; also a certificate of the Returning
Board. certifying. to the election oi tne
Kellogg electors; that they received 76,-
l35 votes, and that the McEnery cleo
tors received 70,5OS.
Mr. Lawrence asked the witness
whether, if the returns from Vernon
As compared with the ,sbnirtei state
ment, WAS different from the tabulated
statement, it was done with his knowl-
edge or appreciation.
The witness replied thst it was not,
nor had he any knowledge that 1t was
done with the appreciation of any other
member OF the Board, and he also denied
the truth of Littlefeld's statement that
he directed the retarns 10 be altered 20
AS to elect Hunter and Andrews ss judge
and district attorney They were his
personal but not his political friends.
Mr.. Field interrogsted the witness
about the papers the former had exhio-
tied. but the witness declined to answer.
Z. Because you are under duress, are
you unwilling TO tell the truth?
Witness--I AN never unwilling TO
tell the truth
Q. Then why do you not answer. A.
When the contempt ls rehloFeu VIII
answer, but not till then.
.. You were asked just now whether
Won threw out votes for reasons which
were founded on evidence satisfactory 10
yourself Will you answer a. lhst
embraces the whole question, and
therefore decline.
Q. Are you not willing To testify
whether your Board threw out lOU0
odd votes honestly or dishones.lyi A.
am willing when rehved from contempt
os the House.
Y. Are you willing 20 do 50 now!
A. can't answer that question until
relieved from such contempt.
q Are YOU nolo willing TO answer the
question whether, in throwing out lOOco
votes. your Board acted honestly or dis
honestly? A. We acted IN conformity
with the Law.
.. Ia throwing out the yotesi A.
We threw them out tor the fraud, IN
trm,dation and violence at the polls.
U. Were any thrown out because OF