The New York herald., 1877-02-09

Mr. Merrick, for the democratic side, then called
George Raney who testified IS follows I'll reside in
Tallahassee. Fla; am by profession lawyer. and
am Al present tho Attorney General Of the State OF
FLORIDA; the 6th day OF December, 1875, was In
she eisy Of Tallahassee
Mr. Aerriok asked whether the witness had any
knowledge 10 the service OF the writ OF quo war
ranlo on the Hayes electors tba. dayf
To this question Mr. Evarts for the republican sido,
objected. on the ground that did not come within
the limits OF the order Of the commission which re-
lated only 70 the eligibility of Mr. Humphreys
Mr. Green, for the democrats, said his side proposed
to prove by tins witness tho simple fact the
time when the writ OF quo warranto was served
upon the Hayes electors II was not he said, appre-
hended by himself and his associates the order
made by the commission excluded In It's spirit the
consideration OF the quo proceedings and by
tho present witness he merely desired nx
timo the quo wnrranto served
The objection Of Mr. Evaris was sustained and the
witness withdrawn.
THE CASH OF HUMPHREYS
Nj. Green then called James 4. Yongc. who testified
that he was practicng lawyer In Pensacola Fla
that he knew Frederick c. Humphreys. and mad
known him for about years Humphreys present
business is agent Tor express company, but has
been United States Shipping Commissioner
Mr.. Evarts inerposod the objection that II an on
Gated from the government tho Official appoint tment
should, In the absence Of some reason 10 the
trary-
Mr. Green stated that tho testimony gwen evil
dcnce OF the use of the Office.
Mr.. Evarts-My objection is that is not sufi-
cient in matter depending upon authority.
The Presiding Justice-Let the olIcial appointment
be produced to savo objections.
Mr.. Green then produced aud read in evidence the
order OF the United States Circuit Court Tor the
Northern district Of Florida December torn, 1872 APP
pointing Frederick q. Humphreys OF Pensacola Ship
ping Commissioners for that port To this order is al
tachcd humphreys acceptance Of the office and his
Official oath and ccrtihcn,e from The clerk OF the
court dated January a. 1877 setting forth that thcre
Is le resignation, acceptance OF resignation
Of tho said Humphreys as such Shipping Comms-
Witness coutinued:-I know Frederick c. Hum
phreys. one OF the persons voted tor eector for
President and Vice President OF the United States he
Is tho Same person OF whom have spoken as United
States Commissioner; have had rapsactions with
Humphreys as such Commissioner, beginning In the
early part OF 1873 and extending up to time In
the latter part Of August 1875, as u lawyer have
frequently had occasion 10 communicate with him
the subject OF the discharge OF American seamen his
duiics as Shipping commissioner related to matters
between American seamcn and shipmastors.
Here Mr.. Green announced the direct examination Of
this witness closed.
Mr Stoughton stated that ho had cross-cxamina-
Mr. Grcen-That Is all we propose TO offer by way Of
Affirmative evidence, unless there may be something
which may be required to DO offered by way OF rebu-
Mr. Evarts-Wthout commenting upon the state OF
the proof thus reachcd, and without saying anything
donce has been adduced that shows that Humphreys
held The office Of Shipping Commissioners at the date OF
the November election we will introduce tho proof on
our part that he did NOT and then leave he question Tor
discussion.
TESTIMONY HUMPHREYS
Frederick G. Humphreys was then called. sworn and
examined as follows-
BY Mr.. stoughton-Q We're you candidate for
on nj at ha talo
A. was.
g. Had you, prior to being candidate held any
office, and. IL SO, whatY A. was United States Ship
ping Commissioner Tor the port Of Pensacola.
O. When did you cease to act as such A. On the
nation was received from Judge Wood, from whom
the appointment came
8 By res,gnanon delivered to whomY A. By rosig.
nation through the mail.
T. 10 whom? A. TO Judge Wood.
q. Have you In your possession the acceptance OF
that resignation A. Inave.
The witness produced the paper and handed It to
Mr.. Merrick tor examination.
Mr. Merrck objected TO its introduction or accept
ancc, the acceptance OF resignation, IL is the
OF an individual and not OF the Court.
BY Mr. Stoughton-You received this paper from
Judge Wood in reply to your resignation sent through
Mr. stoughton thon read the letter accom- papyipe
the acceptanc9as fol'ows:-
DEAR SRI enclose the aecspsnc: Of yonr rss|rn"ton
IS ps aaq aS T % e sa
court purpose duties the Office will have to be
discharged bs the Collector. Respectfully SouEs woon
Major =. G. HUMPHREYS Pensacola, Fla ~ =
Mr. stoughton then read the acceptance as fol-
NEWARK, Ohio, ocs >. 1876
r. D. HUMPHREYS. Esq. Pensacola, Fla. IL
Your letter 81 the 2ith OF September. 1876 resgning
your Office Of % United cd 81 states shipping co%mi,ssn.r :. iS
BY me- your said Office is hereby
woo6 6eG Gnssa States Circuit judge
O. Did you receive the paper which hold in my
lector OF Customs at Pensacola A. / did, sir.
Mr. Mrrrck-We object TO that paper.
The Presiding Justice will be received subject to
the decision oil the commission as TO It's effect
rhe letter was then read /. is i.om Hiram Potter,
Jr, Collector of Customs. dated COLLECTORS Office,
Pensacola, Oc ober 8, 1885," and requests that Mr.
Humphreys turn over TO tho writer such public books
papers and records might apperain to business
OF Shipping commissioner tho duties oi which ofIlce
he was informed, beng devoved upon him (he
writcr) upon the resignation OF Mr.. Humphreys
z. Did you 10 act in your Office from the tmo
OF the receipt OF the letter accepting your resignation?
A. did not
q. Have you acted in that capacity sinceY A. No.
slr.
Q. Has the Collector acted in your stead9 A. Yes
q. Did you turn the Collector whatever you
had OF public papers or property connected with tho
my personal property, bought and paid for with
THE cRoss-ExAxrsArrox
Cross-cxamned by Mr. Merrck.-Q Have you a
copy oil your letter OF resignation? A. have not a
copy OF my letter Of rcsignation sent by mail 10
Newark, in tho State Of Ohio where the Judge on
visit
z. Has there boen Any session OF The United States
Circuit Court Tor that district tho date OF res
gnatony A. There has
q. When did you receive Judge Woois reply to your
letter OF rcsignationY A. On the 5th OF October.
Mr.. Mcrr!ck announced that no bad no further cx
animation TO make oil the witness and nothing Offer
In rebuttal.
The Presiding Justice-Tho testimony Is therefore
closed.
Tho Presiding Justice then called the attention of
counsel to the third rule oi the commission, when
statos that counsel. not exceeding number on
each side, Will be heard by the com mission tho
merits OF any case presented TO IT, longer than
hours being allowed to each side unless longer timc
and additional counsel should be especially
by tie commission. He considered himself Instructed
to say that the whole open argum cnt
under that rule. II there sc on IA side ne
thought the order before observed should be continued
and that ono OF the counsel representing the obcclors
To-. aG.ai, No al,