The New York herald., 1878-08-24
THE POTTER COMMITTEE.
w. E. Horne Not Yet Ready
to Testify.
MAJOR BURKE RECALLED.
The Nichols Government and Its Guar
antees Discussed

The proceedings before the Potter Committee yes
| terday somewhat more mir,hiui than usual,
but the matter CT the evidence itself Of little I'M
| portsuce, few new points OF interest having been
| brought forth. Mr.. W. L. Horne took the stand.
Al tho opening OF the session, alb ut eleven o'clock
Chairman Pottor announced that he had not yet re-
| ceivcd the telegram to ex-dovernor
Youps OF Ohio, asking that gentleman to release Mr.
W. l.. Horne from his professional obligations. Wit
ness then stated that would be willing and ready
| TO answer all questions after examining his ssle-
grams ana papers, aud asked 10 be discharged until
| that time
| Chairman Potter-One question, Mr.. Horne, before
| you go. DO you still hold Office under the govern
men.9 A. am in the Surgeon Generals office;
went In undcr the civil service rules and hold my
| place in that way.
| Mr.. Horne then retired and Major Burke
| called.
WHAT CONSTITUTED LEGAL LEGIsLATURE.
General Butler again began the examination Of
Major Burke and ssksd-Couid there be legal legis-
iaiure except that by the Returning board?
A. Why, yes; l think the majority oil the members
actually elected would have been legal legislature
Q. The law provided that only those returned by
the Returning Board were legally elected: now II
any other body convened under tnat law could II be
legaIP A. don't think the action Of the Returning
Board entitled to any iorce If they had not returned
any one l think there a constitutional remedy
tor establishing q legislature without resorling to
force
General Butler next spoke OF the taking possession
Of the Supreme Court by tho Nichols govern
ment The Governor inauguratsd, Supreme Court
judges nominated, confirmed by the Senate. took
their seats and gave decisions, all In ono day.
Q Did you ever know any Court TO operate as fast
as that beforef (Laughter) A. Those .were pretty
rapid times, General. More laughter.)
O. Did you get u Returning Board majority in the
House till after the AacVeagh commission got there
on tho goth Of April? A 1t was about that time.
O. Was 1t not struggle to get enough Returning
Board members tho House TO make quorumf
A. l am willing to admit anxious 10 obtain
quorum.
Q. You were very anxious. then, to get these men
who elected by fraud forgery and perjury into
that Legislaturef A. (excitedly) No, sir; we never
wanted them, and one OF them who was not
actually elected was allowed to take his seat
NACvEAGH COMMISSION.
O. Did not hall OF them, by the grace Of
Coz and the Macveagh Commission. get into the
e's.,ea ana were returned by tbs Returning Board
finally got into the Nichols Legislature.
z. There was enough vitality in tho packar Legis.
nturc tor you lay KelioRg's credentials until
the extra session Of the Nichols Legisiaturef A.
oh. that done to obIige our republican frends-
General Butler next spoke OF tho visiting states
men and read from the closing paragraphs OF tho
Sherman report, which stated that the Nichols gov
ernment had its origin IN boodshed, terrorism and
murder.
O. Yet these gentlemen agreed to set up the Mich
oils government, which was SO eloQuonty de.
Major Burke-So falsely described SIR
General Butler-So sioqucnty falsely described
then # you would agree 10 w,'hdraw yous opposition
upon to square them on that point
Witness next examined upon his numerous tel
egrams and papers which he had submitted 70 the
talR m Wu nm Auin Rp
Gibson Informing the latter that PACK
ARDS police had taken possession OF the Supreme
tempt 70 oust them the next day. Tncy, however,
did not walt to be overposersd.
o. oh, they ran uwayY A. And lived to light an
SOME LETTERS AND rgLEGRAMs
A telegram from Mr.. Horne next exhibited:
which read: -
Put Packard in the wrong outbreak Rumors
Of conflict denied Hayes firm.
Witness explained that while Mr.. Hayes was will
ing TO do they wanted have hIm, thoy feared
the difficulties In his way would be Too great Tno
telegram was 70 reassure them. private letter
which Major Burke had placed by mistake among the
papers handed 10 General Butler brought
out, and the General asked whom II came from. Mr.
Burke said u Was private letter.
al know said the General, grufly, ''and they
generally toll the truth"
Major Burke then said that for fear the prcssion
might prevail that no wished to conceal something ne
would put IL In evidence but did not wish 10 give the
name OF The writer The letter read as foows:--
HOUSE, OF REPRESENTATIVES,.
WAsuIscTox. ID. u, 9th March. 1877. I
SS w ro saa sesySa sI
early IN the day but have not been able TO nd
lion Of the GsSHss ~. in is rs. sessions.
formed On the L,asi.na question sherman viii make
a%a sss E
sfsI ] si.: ss
,esvisw lie means We shat sraae Hsves has no such
Il:
q any kind e, .s%seys. Key q
Southern 1a'i policy /. shan shss%sn viii play siuG
w. q ~ :%s "a tS .S have
dea OF uphoding pseksrdnone Ia the vod-but they
viii as 70 build their fears repeat they will buy
sda os w o r..
with brains and powsr Independent men. Hayes
viii never get syss 10 recognise Packard The
get your ,ee in order You viii return This Is ircs tier
and sho~ IL to the Governor, but ono else.
THosy GUARANTEES AGAIN
The original drait OF the wormiey guarantees was
the tnirlsenth fourtosn,h ,h and dfeenth ncns
in pencil which did not appear IN the published ac-
written agreement handed TO Sherman and Matthews;
they had becp inserted at the suggestion OF stanley
Matthews meet the views oi Governor Morton, now
dead
General Butler asked the witness to explain every
thing he could and teen Quit
Witness said the examination was very tiresome
and he would be glad to quit; II General Butler had
let him explain All he wanted 10 ON the first day II
would have been clear
Chairman Po,ter-Perhaps no didnt want II clear.
(Laughter)
Mr. Hiscock here read tho following telegram hi
had just received from Governor Thomas L. Young.
OF Onio:-
SO far concerned Mt Horne is at liberty
tfy all he knows conceal -
correspondence either By letter OF telegram.
General Butler ued the examination OF Major
Burke.
u You had no ono to represent South Carolina, SO
you improvsed Mr.. Wattcrson, n newspaper ccitor
IRON Kentucky, ns the agent Tor South Caroiinaf A.
came from Kentucky myself. He was Congress
man.
u Well, can't help that tLaughter.) Now VINO
else stood godfather TO that gentleman besides you
| A. expect Mr. Ellis, member OF Congress from