The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-06
The Republicans Pursuing .
System of Delay.
Charles O'Conor's Statement Of
What the Democrats
will Prove.
Judge Blacks Speech, Etc., Etc.
Maddox Produces Two Letters.

SOWUAlSsiOu ulcb ~ lV.OC.
Judge Clifford said that under tn
third rule counsel should present the ev
idence they proposed to offer in close
condensed and classified form. of course
based upon the condition that the evi
dence would be received. The PROPOSE
ton whether evidence should be re
ceived has not been decided, but counse
would act as if the evidence would be adj
mItted until the commission decided.
After some discussion as to a mode Of
procedure, MIR. O'Conor addressed the
commission, urging that evidence shouls
be admitted subject to the question of it,
relevancy and the effect to be considered
with the whole case. lie then submitted
his proposition of evidence.
/. That both Tilden and Hayes elector!
met on the 9Th of December and each
cast their votes and forwarded them tc
the seat OF government, with the excep.
ton that the Hayes electors were certified
by the governor, and the Tilden electors
were certified by the attorney. general.
z. The proceedings under the writ Of
qHo scayrGnte.
8. 10 show the common law of Florida
and construction of the statutes of that
state as shown in the ousting of Stearns.
4. The legislature Of Florida since De
cember 9th ordering q new canvass, and
the result of that canvass.
s. That the Hayes electors rejected GER
tain returns from counties named. and
that Humphreys was an officer under the
United States.
Judge Black was about to argue in
support Of the admissibility of the evil
dence when Justice Clifford reminded
him that unless the other side cb,ec.ed
there was no occasion and TIA. be yiest
to MIR. Evarts TO proven, Rls1n;;e-ss.l-ess-
ing.
Mr.. Black said there wx a u,i.--,s.r-
standing now be did not uzs.er.sA,,;-
Mr.. Eyarts then began to h.1.cxsa saa
Commission sCt was ssoA sesprs,i &C In
ground that he was .-gung % si-1 ~
instability of evidences before Il WAS IT
fered.
Another dfsCussis,a a. 20 Tie Ic,!,. q
proest1rs seek place
Mr.. EyEa thsn sroa. u CO gsssia..sc q
the Introduction 81 eyicencs. mainly %
Lhe ground fhar. il admitted, Il word b
necessary TO 20 30 the fundamental fieti
IN the election.
NJ. Black argued that most 81 the eyi-
deace WAS already before the eornni.tee
through the reports Of the congressional
committees now part OF the record in the
case II would be the greatest injustice
TO require evidence to be taken up peace,
meal and subjected to objection in de
tail.
justice Miller submitted a motion that
counsel on either side be allowed two
heurs TO discuss the question raised by
Evarts as to whether any other matter
shall be considered other than what was
laid before the two houses by the presi
dent.
Mr.. Thurman thought the scope
should be enlarged. Else, if the commits
sion should decide to admit evidences
there would be no advance made. Il.
proposed the discussion should include
what ::eyidenee might be admitted
and also what evidence was now before
the commission.
Mr.. Miller modified his motion as sug-
gested and 1t was adopted.
At the request of Mr.. Eyarts an ad
ditionA hour was given to either side.
In order to permit counsel to arrange
ior their arguments, the commission
took recess.
oh reassembling 1t was arranged that
one counsel OF each side be heard TODAY
ana one On each side Monday. 1t was
further agreed that three counsel might
De heard, but not to extend the time.
IL was announced Judge Black would
make some general remarks and Mer.
mex would make regular opening, Mr..
OConor making reply to the other
sAf 1t the close Of the debate Monday.
MERRIcK's ADDRESS.
Mr.. Merrick made the opening address
as to question of the power of the COM
mission as to the regularity OF the evil
dence now before the commission. He
thought there could be no question that
the testimony was now before the com.
mission and whatever might be the de-
cision ~ to its admissibility. He op-
posed the proposition that the duties OF
the commission were purely ministerial
and that they could not look behind the
certificates. II this doctrine prevailed,
even Gov. Stearns, though he came In
ssekcioth and in penitential sorrow and
.ksd to correct the mistake. could not
unoo = wrong in that paper. In the
OF the constitution,
'nA the votes should be
un'eo' he contended it WAS not
ceun.ed' Is claimed by the counsel
Yesterday, but "votss" that was the CON.
trolling word. and that before count;r :
them It must first be determined wh.,
were the true votes, and this duty Of in
qsiry rested on congress without limit.
don. Any legitimate evidence eo,n. |,
dstesmins what were legal ana tru
votes, b. submitted, was competent ,
this tribunal.
Judge Black followed on the Dem,
cratic side. and Stanley Matthews a