The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-08-24
THE INVESTIGATION.
Horn Proposes to Testify When
He Gets Ready.
Continuance of Major Burke'S
Story.

New YORK, Aug. 23.-The all-absorbing
topic in the committee room today, before the
commencement of proceedings by the Potter
committee, was whether Governor Young
would answer the telegram sent him yesterday
and take the seal of secrecy off the lips of Mr..
w. E. Horn, the last witness of yesterday.
Horn refused to answer nearly every question
yesterday, on the ground that he was lawyer
and acted in professional capacity, and that
consequently all conversation and communion
tions were privileged. 1t was the purpose of
Mr. Hiscock to show that Horn was not retain-
ed, got no fee or consideration, and therefore he
could not screen himself under the Flea of pro-
fessional services.
At the opening Mr.. Horn took the stand.
Mr. Potter then said that he had sent des-
patch, as had also Mr.. Hiscock, to Governor
Young, but he Potter had received no reply.
Here Mr.. Horn said: II wish to say that
had no intention to answer the subpoena OF
this committee. When appearing here called
on General Butler as lawyer, with Mr..
Chandler, and showed him that was lawyer,
and as such he said he felt bound to respect my
position. On such considerations he took the
witness stand. Three statements made by
Major Burke I DOW affirm to be true. At a
further date I will submit to the committee
numberless kilograms sent Gov. Young from
Washington about that time, and it is said they
were shown to the President. l supplied the
facts which appeared in the Ohio State Jour
nal, already referred to. now say that do
not regard myself as legal adviser or attorney
for Gov. Young. am ready, as soon as can
get my kilograms and letters, to lay them be-
fore the committee.
Q-Then you are not now ready to testify?
A-No sir.
Witness said he still held an Office under
the government in the surgeon generals Office.
Q-Then you now say you do not regard
yourself in the light of counsel for Gov. Young
and do not claim any professional privileges in
that respect?
Ayes sir; but when have received money
in hand and have discharged all my obliga-
tions recognize my right to discharge myself
from all obligations against testifying except
where strictly private communications are H.
volved.
Major Burke then took the stand and in an.
swer to questions by General Butler, said that
he considered the Louisiana returning board
entirely illegal and all its acts consequently il.
legal.
In response to question from Mr.. Butler,
Major Burke stated that none of the Packard
legislature were allowed to become members of
the Nichols legislature, who were not known
to have been elected by majority of votes.
Witness further said that although the report
of the visiting statesmen to the United States
Senate stated that the Nichols government
was founded on bloodshed and riot, such state
ments were unf0unded, and he (Burke) did
not propose to square their report for them.
The following was submitted:
WASHINGTON, March 20, 1877.
To Maj. Edward Burke:-Put Packard clearly in
the wrong If outbreak occurs RumoTs Of conflict
tonight. Answer. Hayes firm.
(Signed) W. E. HORNE.
Here witness wanted to explain the Telegram
but Mr. Butler said it explained itself.
Maj. Burke then read several kilograms
from himself to Representative Gibson sof
Louisiana. One showed that all necessary
reforms were being carried out by the Nichols
government, expenses were reduced and con-
fidence restored. Another was asking that
pocb for shO01d hQ
complied with by the President. Here Mr..
Butler handed him the following letter con-
tanned in the bundle submitted by him:
Maj, Burke said the letter was q private one
However he would allow it to be read, but
declined to give the name of the writer.
The following is the letter:
HOUSE OF REPRESENTATIVES.
Dear MAORI think there will be difficulty, not
only in the formation of the cabinet but in its first
sessions however formed GU the Louisiana question.
Sherman will make fight. He represents the
party and willook to his own and success
In 1881. He wants lackcys around him, especially
Southern lackeys in the cabinet in the Senate in the
custom houses, in all offices. He will break Hayes
down. mean to tell Hayes so at my next inter-
view. He means that we shall trade. Hayes has
no such purpose. The country will condemn the
bargain: 4 will down the men who make it,
for themselves. Taking Key instead of Joe Johns
ton shows that they want putty, and that their
with us, bribe and bully. intend to stand clear
and assume the defensive at the openingof Congress
They have no idea of unfolding Packard none in
uninitiated believe they WILL SO as to build their
fears. I repeat that they will bully and bride.
threaten some with Packard and bride others with
office and they will touch no man from the South
with brains or power, real independent men: Hayes
would like to do SO but Sherman will they
the troops against Nichols. hope soon as you
installed and get your Office in order you will return.
This is free letter and you can show it to the
Init nADna oil
N''''-', Wv Yours SINCERELY.
Here some other letters of an unimportant
character were read.
Gen. Butler then questioned witness respect
ing the difference between the original draft OF
the guarantees by the Nichols government
and the printed copy as published. In the
original draft the government guaranteed to
support the 18th, 14th and 10Th amendments to
the Constitution of the United States, and in
the published guarantee it reads that all citi-
zens shall be accorded civil and religious rights.
Major Burke-It has been published and was
passed by both houses in Louisiana in April, 1
think, that the 18th, 18th and 18th amendments
would be supported.
Major Burke could not remember whether in
the copies of the guarantees he gave to Stanley
Matthews and Mr.. Sherman several provisions
as in in the published copy were embodied, but
be believed the 18th, 14th and 18th amend
mentS were mentioned.
Q-Now, sir, was the abandonment OF the
Packard government ever consented to by Sem
ator Morton?
Al was assured positively by Stanley Mat
thews that Senator Morton would sustain the
Hayes government in withdrawing the troops
from Louisiana, thus virtually recognizing the
Nichols government Senator Matthews told
me Senator Morton would make a speech on
that subject.
Here Butler read report of the speech made
by Gov. Morton when serenaded, in which he
foreshadowed Hayes action toward the South.
Witness was then asked if his associates
Matthews and others, were able to ropa in any
other Republican statesmen?
He replied he understood Mr. Frye was
willing to be roped,
other live man outside of Ohio ever said before
the 4th of March that the Packard government
would be overthrown?
Al understood that every one of them
acquiesced, as it was we'll known and published
that such would be the Presidents policy, and
not one of them in Congress or the Senate
raised their voices against it.
Q-Where is there word about overthrow
ing the Packard government?
Awe construed it that the withdrawal of
government and so did every one else with
any sense.
Odd you take any especial pains to keep
out of your publications what would befall the
Packard government?
A-No, sir; we felt no pain over it.
did you not keep the matter secret as to
what was to be done to Packard's government?
Ain a loud voice)-No, SIR 1t was all
published and Mr.. Levy stated it on the floor
of the House3
Here Mr.. Hiscock read despatch which he
had just received from Gov. Young of Ohio, as
follows:
Gas far as I am concerned, Horne is at liberty to
testify all he knows. have secrets to conceal
to our correspondence or kilograms.
[Signedl THos. L. YOUNG.
Potter read similar despatch.
Odd Gen. Grants order of March I'd
cause the withdrawal of the troops?
Alt did not result so.
Here witness read a letter of his own toRres-
ident Grant, apologising to him for the use on
the floor oflthe House by Mr.. Watterson Of
despatch of witness to Gov. Nichols, contain
ing the substance OF conversation between
Gen. Grant ard witness. Watterson made use
of the substance of the despatch in speech on
the Louisiana question, and witness thought
Gen. Grant might have believed its use prema-
ture.
Major Burke's memoranda of the Wormley
conference (already published) was put in evi.
dence. The only new facts in connection with