The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-02-12
THE RETURNING BOARD.
Secretary Sherman Den0unces An.
dersOn's Prosecution.
Letters from tine President and
the Visiting Statesmen.
Motion for a New Trial in Ander-
sons Case.

was asked if it was true that he, Matthews,
Garfield and White had sent despatch to An
derson. He said it was true. and as that fact
had been made public be would furnish copy
of the dispatches, and they meant all they said
Mr.. Sherman then stated that he regarded the
arrest, trial and conviction Of Anderson as a
great outrage under color of law. Anderson
was not indicted. The grand jury had refused
to indct him and proceedings against him had
been called on information and it is express
ly prohibited in cases of felony by the Constl-
tuition of the United States and OF most OF tue
states, but is provided for by the law of Louis,
lana The Information" was signed and filed
by man who was an officer of the White
League, identified with all the numerous
crimes of that organization. The Judge who
tried the case is public defaulter for over
$6000 900. When Anderson was arrested be was
acting as collector of the port of New Orleans,
| and the arrest was made while he was in the
discharge of his duty at the custom house,
which stands, as Mr.. Sherman thinks, on
| ground under the sole jurisdiction of the
United States by cession from Louisiana. He
was hurried 10 prison, required to give excess
siye bail and failing to do SO was kept in GUS
tody, denied all postponement, forced to trial,
| convicted, and is now held for sentence without
the benefit of bail. The jury was packed to
convict. The panel had been carefully selected
| almost exclusively of one political party, and
| one race. Their examination as called showed
| the deepest and strongest prejudice against the
| defendant and in any tribunal he (Mr. Sher-
| rejected on his oath, and yet though challenged
| they were sworn in With such jury am
| prepared to believe the story telegraphed this
| morning that the two colored Jurors were trick
| ed into agreeing to this verdict by an empty APP
| peal to the mercy OF the court.
| The pretence set up for the prosecution was
| that Anderson had participated in a forgery in
| the alteration of the Vernon parish returns,
but there is not one particle of evidence to con-
| meet him with this act. The whole had been
| thoroughly examined here by committees of
| Congress and all records and returns have
| been spread before them and even Littlefield
who made the alteration has exculpated An
derson from knowledge of it. The truth is the
Vernon returns were opened by the Returning
Board before hosts of witnesses on the ninth
| day of the examination, were printed precisely
| as they were in the daily papers and in both
houses of Congress, and the subsequent alter
alton by Littleheld OF one copy OF the returns
was done either as put mp job by him or in
the interest of local candidates, having no eff
feet upon the general result, and there does not
appear to be single scrap OF testimony show
| ing Anderson participated in it in the slightest
degree. Yet upon this false pretext he was
| convicted.
1 still hope that this conviction will not be
| carried into execution, but if it is as matter
Of course the deepest feeling of resentment and
| hostility will exist in the minds of the great
| mass of our people who believe that these re-
| turning officers did but their simple duty.
| Nothing has been done pending the trial to
4
| proceedings, but if Anderson is imprisoned
| under this sentence, it will be a mockery OF
| public justice and will bring into contempt all
| efforts at peace and Cancellation. 1t is an IN.
| looked for and terrible commentary upon the
efforts of the President to quiet the turbulence
| and violence of Louisiana politics, and seems
| to me an act of folly and madness.
| The following is the despatch sent by MessIs.
Sherman, Matthews, Garfield, Hale and White
WASHINGTON, Feb. 4.
To Gen. Thes. C. anderson, Neao Orleans:
The undersigned feel it due to you under the
| present circumstances to assure you of our
unhesitating belief that In the matter where
you stand charged you are altogether guiltless
of any offence against law; that you are falsely
accused and maeiously prosecuted; that the
proceedings against you, though in form Of
law, are without substance of justice; that we
hereby tender our earnest sympathy and ex
| press eur hope that sense OF justice aud love
Of peace of the people of Louisiana will pro
tect you and not permit the best interests O.
| the whole country TO b3 disturbed by the re-
vival of sectional animosities. In any event
we are confident the American people will
redress any injustice Of which you may be
| made the victim.
| (Signed) JOHN SHERMAN,
| STANLEY MATTHEWS,
| j. A. GARFIELD,
| EUGENE HALE,
| HARRY WHITE.
New ORLEANS, Feb 11.-Tn addition to the
| exceptions already on file the attorney general
| is ordered to show cause on Wednesday why 6
new trial should not be granted Anderson or
| the grounds:
| First, that James Prince of the Jurors who
| ordered the verdict in this case notwithstand-
ing the fact that he stated under oath in his
| yoir dire examination that he was over the age
| of 81 years, was and is in fact minor under
| the age of u, and as such wholly incompetent
| and debsrred by law from acting in the capaci.
| ty of juror.
Second, that Thomas c. Anderson. was tried
| by eleven jurors and not in the mode provided
| by the constitution.
| Third, that Notwithstanding the fact thai
Jeremiah Lincoln, juror, had sworn ia his
yoir dire examination that he was a competent
| juror and had formed or expressed no opinion
calculated to affect an honest verdict, yet it is
| susceptible of proof that such is the fact that a
| few days before the day of trial he openly
| stated that Anderson was guilty, that ne had
| no doubt of the fact and said Anderson should
be hanged for it, or words to that effect.
| WASHINGTON, Feb. 1.-THE President has
| written letter to Attorney General Devens
| on the subject of Gen. Anderson's conviction
| in New Orleans 1t is reported that while
temperate in tone, regret is expressed that
| such proceedings should have taken place as
apart from all other considerations, they tend
| to disturb Cancellation which it was hoped
would be satisfactory to all parties IN Louisi
ana. There is, however, no opportunity to-
night to learn with certainty the exact tenor
| of the letter. Though the President read it to
Attorney General Devens today, the Attorney
sion and for this reason does not think it would
be courteous to the President to communicate
even the substance of its contents.