The New York herald., 1877-02-15

Mr. Trumbul-we propose TO present them before
you; that Is one Of our propositions
Commissioner Strong-But thus far II Is not before
Mr. Trumbul-Perhaps will be better understood
and the commission will better understand the state OF
the case II anticipate little what propose In that
regard In connection with the certified copies Of sald
list We offer proof that the Returning Board which
pretended 10 the said election under tho act OF
November, 1872, did not receive from poll, voting
place or parish In said State have before them any
statement by any supervisor OF Registration Com
missioner Of Election any form as required by said
1nird- We further onor 10 show tha. in many in
stances the Supervisors of Registration OF the
parishes wiliuy and fraudulenty omitted from their
consolidated statement returned by them 10 the
votes given at certain polls or voting places within
their respective parishes as shown TO them by tho re
turns and papers OF the returning board TO said SUPER
visors by the Commissioners OF Election
required by law. and that said Supervisors
turn TO said Returning Board, with their con.
soldated statement, the lists. papers and returns
ceived by them according to law from the Commission
ers OF Election NJ the several polls aud voting places
omitted aforesaid from said consolidated statement
OF said supervisors; and that said Returning Board
wiliuliy and fraudulently neglected and refused to
make any canvass of the maJoritics omitted or
estimate them in any way In their pretended deter
mination thnt tho said Kellogg duly elected an
eector ut the election aforesaid
FoTth-wc offer to show that by the returns OF said
Returning Board ana that by the result OF voting
II appeared that Kellogg received 3459 less for
clec:or than the other ticket
Flta-we further offer show that tho Returning
Board estimated and counted votes in favor OF kel-
lOgg 234 votes which were not shown TO nave been
gwen at any poll or voting place In tho State, either
by tho consolidated statement or by the lists, tally
sheets returns.
.si1th-wo offer to prove that the votes cast, as
shown by the COMMISSIONER returns, have never
been compiled nor canvassed and that the Returning
Board pretended to compile canvass tho
returns made but only pretended 10 canvass tho re-
turns made by the Supcrvisors 0t Registration
Serenh-Wc propose 10 prove that the votes given
have never been opened by tho Governor o said state
IN the presence OF the Secretary OF tho State the Atto
ney General aud the District Judge OF the district in
which the seat OF government was established, nor IL
the presence OF any OF them. as by law directed.
KELLoGGs wLFrL FRAUD.
We further offer 10 prove that Kellogg, when be
made executed and delivered said ccrlincatc we'll
that SAID certincato untrue in iact that
that behalf and that he then we'll know that no had
not received all the legal votes cast within 5000 OF as
many OF such votes as had at such election
been given Tor elihor OF the electors on tho
other ticket and that he we'll knew that all the cleo
OF tho legal votes for electors than had been
Tor himself We further offer prove that in Septem-
bcr, 1876 Kellogg aud others IN the cty Of New Or
leans including the members In tho Returning Board
nteIcd into an unlawful ana criminal combination
and conspiracy 10 cause TO DO certified aud returned
to the secretary o State by tho Returning Board upon
their pretended canvass that kellogg and others had
received majority OF all votes cast ut that election Tor
electors, whether such should DO the TACT not and
that tho l7th of November, alter 1t was known that
Kellogg and the others had been defeated, the Return
ing B0ard assembled In New Orleans and pretended
compile and canvass the statement Of given by
the Commissioners OF Election from the several polls
and make return 10 the Secretary or State according
10 the act OF the Legislature
THE VACANCY IN THE
That Wells and the other members Of the Board-all
members OF party the republican party-were the
only members Of said board; there a vacancy
the board, which It was their duty to NIL then and
opposite political party; but instead Of dong they
neglected and refused to oil such vacancy for the
reason assigned by them. that they did not wish
democrat TO witness the proceedings OF the Board.
Although they were requested In writing 10 Ill that
vacancy they refused to do so, and never did MI tho
same, but went on and pretended TO make cacula-
ton, aud while pretending to be IN session as return
ing board they employed persons OF notoriously bad
character ~ act as their assistants, such Davis
man under Indictment IN the crInlnal court OF Lous
ana; Catlin Blanchard ana Jcwetl, who wero then
under Indictment for perjury, and Mccormick who
clerks and employees the duty OF compiling und
canvassing all rourns ordered to be returned and COM
piled. and although requested by the counsel acting
Tor the democratic party, who charged that all the
clerks republicans and that the democrats had
respectable persons who should be present in tho
room during tho compilation, with view satisfy
practice in hercw,h the Board refused to
permit such persons TO DO present and TO witness such
7 count - ir. tf7J frs
4f .f THE SECRET SESSION.
On the 18th OF November, however, they adopted a
resolution, inviting and requesting i've gentlemen
IRON each Of the TWO parties 10 be present ut the
meeting Of the Board while engaged In the discharge OF
OF November they passed Anotler rssoiution that
secret session to consider any arguments PROPOSE
tons submitted TO tbem, and that the evidence OF any
was IN from all the contested polls. and after 1t was
all In they should decide upon IL IN secret
sessioa No argument should be received
cal consent Such proceedings were protested
against by McEnery and others, but the Board
proceeded TO secret with closed DOORS
in the absence OF any member Of the Bar belonging
the democratic party or any person not belonging to
such compilation and canvass wero applied to 10 permit
the United States Supervisor OF Election to be present
and witness the compilation but they refused such
kne fl.cc ulor1 od
u rule that no pdrte aidavs or statements should
bc received IN evidence except as basis To show that
iraud Intimidation or other illegal practices had at
poll required investigation but tnat the returns
ana afidavits authorized by law made by officers Of
but the Board subsequently, Eaving become con-
vinccd that they could not upon e1 Pdrfe testimony
50 manipulate the canvass AS to declare that kellogg
and others wero elected electors, modified that
rule and decided that the Board would receive pate
evdencc under which last decision over 200 printed
pages OF ex parc testimony was received by tho Board
In favor OF Kellogg and Others ana aiterward when
McEncry and others offered parte evidence TO
tradict TINS the Returning Board reversed It's last
cision and refused to receive them. Also that tho
Board in violation OF tho law OF the Satc on the 10th
OF November, 1872 refused to compile statement OF
votes madc by the Commissioners vi Election regard
to tho election OF electors but they did canvass and
compile only the consolidated statements and returns
made to them by the Supervisors OF Rogistraiion
in the several parishes, ahd also the Board did know
ingy, wifuly and irauduiently canvass votes given
for electors in more Than twenty parishes OF the State
as were shown by tho consolidated statement and rc
turns made to them by the SUPERVISORS OF mo par
shes The Board also the canvass counted and cst
mated hundreds OF votes which had been returned
and certified TO them either by the Comm mssioncrs Of
Election the Supervisors OF Registration III the
Stale, well knowing hat they had no right or author
ity to estimate the for tnat purpose: that they
know ingly and iraudulenty made certificate To tho
Secretary OF state that Kellogg and others had rc-
ccivcd majoritics OF all the legal votes cast
ut the election, well knowing that McEnery and
Others had received majoritics OF all the
votes cast for electors and were duly elected In max
ing such returns the Secretary OF state they were
not deceived or mistaken IN the premises but know
ingly ana iraudulcnty mado what they well knew
when they made II was a false and fraudulent state
mcnt, certificate ana return
PARISH
lie also charged that the Returning Board altered
changed or forged the consolidated statements
OF the supervising registering officer OF the pas
OF Vernon III the following manner The consolidated
statement made and returned 10 the Board shows
Ul the legal votes given In that parish IN November
McEnery and Others received 647 and that kellogg
received nonc and the board made the show