The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-12

find fault il in the exercise Of all her
Slate rights, the Grand Jury at New Orleans should
held +. W. Stoughton and Stanley Matthews for inter-
iering with or over persuading tho members OF
the Returning Board or tampering with the election
returns.
EVIDENCE BEING DEFRAUpEp
One thing you must the existence OF, the
Nicholas state government persuades the democracy
OF Louisiana that they defrauded, were cheated
out OF their eight electoral votes for rilden and
Hendricks. Do you doubt that they SIM
cere-that they honest IN that beliei2
II they are, then they reach the conclusion
that fraud. The active agents were IN their OPINION
anderson and Wells Their hackers the visiting
ending with c. Irving Dirty. The Louisiana demo-
Gratis are Just as honest in their convictions that the
Tertiary the accused positive OF their
aud that such proceeding would DO downright per-
secutl0n.
rnx POWER TO PARDON
One other remark and l am done. Governor
Nichols has not tho power OF pardon. That is the
prerogative OF the state Senate OF Louisiana. That
Senate, you know, has been recognized by the ad-
m,nistration as tho only Senate lit to make laws Tor
the people OF LOUISIANA. Therefore, II Is eminently
qualified TO decide whether the members OF the Re-
turning Board or anybody else convicted Of rimn,.
offence, ought to be- pardoned In Inc face of this
great wrong which the members OF that Senate be-
evo has been committed upon the country, II cannot
be expected that clemency viii be shown any one
convicted on such serious charges.
INTERVIEW WITH pARRALI.
A HERALD reporter waited upon Congressman OAR
Darra said he readily understood the indignation
which Secretary Sherman entertained concerning the
General Anderson. Mr. Sherman was present at tho
work OF the Returning Board and knew what lie
soout whI n ne protested against inns persecu'on.
Sherman was SO angry. Both Of them remembered
that the LOUISIANA Legislature had adopted joint
resolution year ago, during the time OF the excite
ment attendant upon the succession OF tho Nichols
government 10 the control Of the State, plcdging
truce 10 and burial OF all anmosities account OF
past political differences The resolution referred to
was regularly incorporated IN The laws of
tho State, and Is recorded No IS of OF the
last Assembly or Legislature. Its title declares to
be joint resolution endorsing the policy OF the
President and pedging cooperation with and support
OF the Same, and the nth section declares that
DESTROYS of healing the discussions that have disturbed
the State tor anxious that the citizens OF
Of political join hands in honestly restoring the
any persecution from any quarter
OF individuals tor past polt nj conduct.
CHARACTER THE TRIAL
Mr.. Darra happened 10 have as u visitor in his
apartments Judge Norris Marks. OF the Fourth dis
trict OF Louisiana, republican, 10 whom he now
ferred The reporter for answer TO his INQUIRY to
the soundness Of Secretary Shermans accusation that
General Anderson had not been tried larry ana
ton OF the United States. In response Judge
Marks said that BY the law OF Louisiana the
s' s SouS Try SsS v pier
out the preliminary formula OF AN indictment
by a grand jury. In the trial of General Anderson,
which Judge Marks had watched aud ATTENDED
throughout only there in die lment but tho
Grand Jury had failed or refused to dad one, and the
was brought into court simply on an Information
submitted by the District Attorney OF the district
whero Judge Whittaker's Court has jurisdiction. In
the bill OF exceptions argued the defence IL was
shown that this normat,on" was not based upon the
affidavit OF any complainant outside OF the District
Attorney, and It was contcnded that the accused
entitled 10 preliminary hearing, but the Court
ruled both these exceptions AS 70 tho point OF I'M
constltuttonaity IN the absence OF an indictment
Judge Marks wont on to that II could not be the sub
ject OF any federal judicial interference until the state
Judicial tribunal had been exhausted by the accused
after the Stats Supreme Court had passed
adversely upon his appeal that ono OF
issue writ of error 10 bring II before the federal
courts In the meanwhile II might be long time be-
fore this stage OF tho case was reached unless, as
might happen, bill now before the Louisiana Legis.
lature enabling the preierment OF criminal cascs
should be enacted. Judge Marks comprehondcd, too
why Secretary Sherman should be SO angry at the
result of the trial. AS the fact had bsen shown that
the forged return from Vernon parish had
by some means passed through ,, tho hands bands
General Anderson ever saw it, or before in fact tho
Returning Board came into possession of 1t. Secre-
tary sherman knew this fact we'll as that General
Anderson not present at all when the forged doc
umcnt was found In the package sent from Vernon
parish
In answer to the further question what Secretary
Sherman meant Wy calling Judge Whitaker u de-
Assistant United States Treasurer New Orleans. and
having defaulted In his accounts with the govern
ment was indicted for embezzlement, but was never
rled as The case was STAYED of by pleas OF irrcgu-
larity in the Indictment and eventually quashcd by
plea OF the federal statute OF Limitation.
PACKARD Defines TO
Ex-Marsbal Packard OF Louisiana, when asked
what he thought OF tho declaration OF Senator Sher
man in regard 10 the conviction Of Anderson said,
after good deal OF elaboration
'ln reference to tho prosecutions OF tho Returning
Board OF Louisiana, II Sherman has accurately and
fairly stated the condition OF Affairs existing in New
Orleans, think IL would have been vastly better II
had been recognized as Governor. / decline to ex.
press any opini,n whatever the subject at this
time"
DISPATCH OF THE VISITING STATESMEN.
The following Is tho text OF the despatch sent by
tho visiting statesmen TO Andcrson:-
wAsnrNGros, d. c., Foo. 4. 1873.
To General THOMAS c. ANDERSON, New Orleans. La. =
The undersigned feel 1t due to under present cir
cumstances, assure you Of Undertaking
belief, that in the matter wherein you stand
charged, you are altogether guitess OF offence
against law; that you falsely accused
mslicousy persecuted that the proceeding you
though in tue of law without the substance
tce that hereby tender sympabes and
hope that the Of justice and love OF
OF the people OF Louisiana will protect you
the best interests OF the whole TO be- DISTURBED by
revival OF section al animosi les In any event
confident that the American people will redress nus
ticc Of which you may be made the victim.
JOHN SHERMAN.
srANLEi MATTHEWS.
j. A. GARFIELD.
EUGENE HALE
HAIRY WHITE