The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-12
POTTER'S INQUEST.
KELLOGG ON THE STAND WITH BUT
LER AZ EXAMINER.
Two Republican Electors Left-TIlden and
Nichols Elected On the Face Of the ne
tuFns-HOw Hayes Got the supreme
Court Out of the WwV

tuFns-How Hayes Got the supreme
Court out OF the Way.
WASHINGTON, July 1.-THE Potter COM
mittee met at IL 80 O'clock; present Messrs.
Springer, HisCock and Butler.
Mr., w. z. Kellogg was put on the stand and
examined by Gen. Butler. He testified that |
while he was Governor Of Louisiana, the
government was fully organized, and there |
was no dispute about his administration. 1t |
was understood when he was O candidate for |
reelection that Gov. Packard would be the
regular Republican nominee. The opposition |
that followed the subsequent election was
directed mainly to the Returning Board, and
not particularly to the candidates.
He reviewed the circumstances OF the State
electoral returns, and stated that in the cleo
tion Of 1876 the Returning Board reversed
their first returns. 1t was generally admitted
among the Democrats that the Republicans
had the lower house.
He further explained the result Of The cleo
tion. East and West Felieiana were undoubt-
edly Republican, they carrying the latter by
some 800 majority, and securing the election
Of E. J.. Weber. In the lower house the oppo-
sition conceded all but one OF q majority, and
the Senate was undoubtedly Republican.
Witness detailed the political status Of the
State during that time. Both houses met at
the time fixed by law and organized In proper
FORM. The quorum In the House continued
| until his election as Senator, but the quoru
In the Senate broke up by the second week.
Gov. Packard was inaugurated on January
g. 1877, and both houses were in session at
| that time. The Legislature on making the
| report OF the election had only the papers
| from which the Returning Board made their
| findings.
A copy Of the tables of the Presidential
election, prepared by the Returning Board,
were submitted to witness and carefully con-
sidered.
Gen. Butler asked witness whether If the
| figures were correct the finding of the Re-
turning Board would not have left the Repub-
lican Legislature and the two Hayes electors
| In the minority.
The witness replied in the affirmative, on
the assumption that the figures submitted
were correctly compiled; but his opinion was
that they looked as ifaprepared in the interest
of the Republicans.
| Gen Butler remarked, In his peculiar way
| that the Returning Board had given the
crank an extra twist, and hurt themselves.
| He said he would not guarantee that the
figures he had submitted were strictly cor
rect, but they compared favorably with the
| returns.
Continuing, Senator Kellogg said that he
| had run ahead of the ticket, while two cleo
tors, Marks and Brewster, ran behind. By
the table the Hayes electors ran 40t behind
| Gov. Packard The two Hayes electors in
the minority we're Leyisee and Josephs.
At this point a recess was taken until 2:30
o'clock p. IN.
AFTER THE RECESS
the examination of Senator Kellogg was con-
tinued. He said that from the face of the re-
turns 1t appeared that the Tilden electors
and Gov. Nichols were elected He did not
recOlect having telegraphed the result OF the
| election to Florida. There was degree OF
terrorism In some OF the Louisiana parishes
| which he believed would justify the Returning
Board in their action. He did not remember
having attended single session of the Re-
turning Board during the count, but he had
received official information OF its progress.
| There were seventeen parishes, in all, In
/ intimidation
aside the questioned parishes, he considered
the result would show a Republican majority
of about 5000. In the seventeen disputed par
| ishes the vote, as returned, numbered, Demo-
Gratis 81 900 and Republicans 5000. In East
Feliciana 1904 whites and 2707 colored were
registered, and the fact that the Democrats
claimed a majority under such registration
| is what gave risG to the claims OF intimtda-
ton and buldOzing.
| The examination on these points was con-
Quoted at length without developing any
thing new. The witness gave an interesting
descriL tlon Of the change Of the government,
and said that the turmoil and GOmmOblOD
com menced the moment the old government
| went out.
In his questions Gen Butler always al
luded to the visiting statesmen as Harlan,
| McVegh ID 20" He put the question as to
whether witness knew of any legal right,
form Of law or constitutional privilege by
| which Nichols and his people could be con-
sidered otherwise than an organized mob.
Witness GVAupu Jle QueSLlOu Dy aDSWeTlHR
that he knew Of no reason why Packard was
not the legal Governor OF the State, his Legis-
| lature the legal Legislature of the State and
the Supreme Court Of the state legally con-
stituted. He regarded the legality Of the Su-
preme Court of the State as the principal
! question that troubled the opposition. He adj
mitted that Packard had threatened toappeal
to the Supreme Court OF the State as TO the
legality of his election, and that the effect of
President Hayes appointing Mr.. King, one of
| the Judges, as Collector OF Customs imme-
diately after, was to leave the court without
| q quorum. Mr. Morgan, another one OF the
| Judges, received an appointment in Egypt.
| Gen. Butler then asked pointedly IL witness
believed that these appointments were made
to get the judges out of the way, and thus
render it impossible for Packard to have his
case heard In that court, which was the only
body that had jurisdiction in the matter.
Witness replied that he could not say that,
but Gen. Butler pressed the question, where
upon Mr.. HiscOck objected to the question as
purely mental operation and OF no value as
evidence.
Witness, in reply to Mr.. Potter, said that
he had no belief on the subject. He stated
that Mr.. King was appointed on the recon-
mendatiOn Of Thos @. Anderson, himself and
some Others whose names he had forgotten
Il Mr. King was an old resident and an old line
Whig and the witness had appointed him a
Judge OF the Supreme Court on that account
Gen. Buffers last question was, "Wae
Kings name withdrawn about the time that
Bowles Baker returned from Texas 2"
"The name was never withdrawn at all, re.
piled the witness, amidst the laughter OF all
the spectators.
The committee then at 4:30 D. m. adjourned
till 10 80 g. IN. tomorrow.
u E