New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-23
THE SPIRIT OF YESTERDA
IN THE TRIBUNAL.
EFFECTIVE sPEECHEs-wATTs, A WESTERN GIANT
HIS TITLE MADE CLEAR BY EVIDENCE.
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[Br TELEGRAPH To THE TRBUSE.l

did not have endurance enough TO carry out its pro-
gramme Of getting through with the Oregon case last
night. After Judge Hoadly's speech the members
felt that they could stand more, and adjourned
until 10 o'clock this morning, leaving pretty good
days work still to be done. Stanley Matthews and
Mr.. Evarts argued the Republican side of the case
to-day; and Richard II. Merrick made the closing
appeal for the recognition of the CrOnin return The
fame of the two Republican advocates drew a large
crowd 10 the courtroom, including many distin-
guishcd members Of the bar and a number Of prom
ineut Congressman. The seats of the Democratic
counsel were not as brilliantly filed, however, in
the early part of the trial. The great lawyers who
then appeared are no longer seen. Mr.. OCOnOr,
Judge Black, and ex-senator Trumbu appear 10
take further interest in the controversy, and the
Democratic case is managed wholly By Mr.. Merrick,
Ashbc Green, and Judge Hoadly. These gentle
men have it must be said to the credit of their learn
Ing and ability made stronger legal fight in behalf
of the Oregon fraud than it was thought the case
admitted of-so strong in fact that it won from
the eminent Republican lawyers the compliment Of
a vigorous defense.
A. far as the eligibility question is concerned, the
proceedings have developed nothing whatever that
is new, although Judge Hoadly took great pains TO
heap up stale arguments in support OF theories al
ready advanced and Oyerruled in the Florida and
Louisiana cases. The real point upon which the
Democrats have made their fight Is the validity and
fuality of GOV. Growers certificate. They maintain
that because this certificate Is signed by the Secre-
tary of State as well as by the Governor, 1t EN-
bodies the decision of both the certifying authority
and the canyassing authority, and IS therefore con-
elusive This is their way of escaping from the
ruling of the Commission in the two previous cases,
which was that Congress has no power TO 20 behisld
the Governors certificate based upon the determl-
nation AID declaration Of the result of
the election made by the canyassing author
ity OF the State. In reply TO this the
Republican lawyers asserted that the signature
of the Secretary of State on the Governors cgr-
tidcate merely iattcsed the correctness or the
Governors signature, and had no other effect. HIS
Signature upon the abstract of the vote cast IN the
State H. they hold, the evidence Of the determIna-
ton of the result By the canvasng authority under
the State laws Mr. Merrick to-day went into some
very hnespun arguments to get over this official re-
turn Of the vote and cndeavorcd to make out that
return wa, one thing and a canvass another thing.
All three Of the speeches made to-day were able
efforts that Of Mr. Matthews was vigorous, logical,
and original; that OF Mr.. Eyarts was in his usual
vein of intricate and carefully woven logic and ora
tory; and that of Mr.. Merrick much surpassed his
former speech in the Florida case.
In the midst Of the arguments halt was called
by Justice Strong to have the evidence introduced
Mr. Merrick offered the commission OF Mt watts Is
Postmaster at LAFAYETTE Oregon, and that of his
successor. Mr. Hill. The latter was dated IN Janu-
orv and the obvious intent in offering 1t was to cr
,tc the IMPRESSION that Mr. Watts had continued to
net uutil that date. Mr.. Eyarts promptly brought
out The whole facts IN the case by putting fost-
master General Tyner on the stand to testify to the
occeptauce of Mr.. Wlttss resignation on the l4th
Of November, and to present the correspondence IN
tho case a1uong which were letters from the Special
Agrut of the Department for Oregon, showing that
he took charge of the Lafayette postoihce TWO Day
after Mr.. Watts resigned. Mr.. Watts himself was
nevt sworn. He Is a man of striking personal APP
nrarance being considerably over SIX tcet IN night
of marked muscular development, and OF an III
t.u.ctuoI couutenance. He placed his retire
n,,ut from Office before he acted as an
elrctor beyond all further question by lesl-
+,.ipo that he, turned over the post-otfice TO the
,ecIol agent on the 1lth Of November, and that on
tI 1ifh il WAS removed from his store to another
Ioc,tion. The cross-examinatiOn of Mr. watts
brough out the fact that he had not received hotce
Of the settlement Of his accounts with the depart
ment having been absent from Oregon since Ine 4o'
or December. The Democratic lawyers maintained
that bonded officer cannot get out Oh once ul'ii
his accounts are settled and ms bond'heh IeIedSeu
NJ r,ortz called J. NJ McGrew, sixth Auditor of
the Treasury the stand TO testify 10 tne settle
,,,.,t If Mr.. Wattss accounts. His evidence was
a thew had been settled, and his salary paid up to
and including the 18th day November No Iurthef
evidence was offered on either side
rho argumeuts closed at 1870 o'clock. The Com
,i.sion went into secret session immediately alter
,rJ democratic members Of Congress who nave
H., c,t,biu, at straws ever since the Tribunal be-
, rs sessions. expressed some hope tonight that
slit will he given in favor either OF recognizing
Cr,,,i,'s vote. or of counting only two electoral
,,tes from Oregon Evidently the wish Is father to
tbe thought with them.
A. soon as the Commissioners went INTO ther re-
firing ROOM Senator Morton took the Ioor ana MADE
an hours speech IN his characteristic, earnest anu
vigorous style. He was followed by justice leiu'
,rLo too< the Democratic ground that oregon lost
,e of herlcgal votes when she chose an lhellsiDle
man. Justice Miller afterward delivered carefully
prepared argument on the question OF ehgiOiH'S'
,,i j., .upport of the Republican theory that Gov
,.rnor', certificate has no validity when II falsely
represents the fact to he certified To. Nheh Justice
Miller finished 1t was o'clock. Some OF the Com
,issiopers said they were exhausted, ana could not
remain longer without injury to Their health An
adjournment seeming inevitable, Gen. Garheld Sc
cure,i an agreement that the vote should De taken
at 1 o'clock Tomorrow whereupon the Commission
adjourned until 10 O'Clock in the morning The
fa,lure TO reach vote tonight seriously dseourages
the Republicans Another day Ii lost, and the
chances for the success Of revolutionary hbuster
ing movement in the House are correspondingiy IN
creased. The Republican members OF the Commits