Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-07-12
THE POTTER VEsTTGITIOy,
Gen. EutIer's Examinations of Senate,
kellogg.

the IotteT investigating committee closed
yesterday, the examination of Senator Kellogg
was continued by Gen. Butler, as follows:
| @. Do you not know that after the McVeagh
| commission had disposed of the Packard legiS-
lature Gov. Packard threatened to appeal to
the supreme Court? A. Yes, sir, he would
| O.. But Nichols had thrust it out. After
Packard had threatened to appeal to the
Supreme Court to determine the legality of his
election, did not President Hayes destroy the
quorum of that court by appointing Mr.. King
collector? a. The fact of his appointing him
collector and his taking the oath Of office did
taking of one office is a virtual and legal sur
"a. Then what Nichols did by force President
| Hayes confirmed by appointing him collector?
Was this the same Mr.. King who, after he had
been in office little while and the court was
DESTROYED had his name withdrawn and his
nomination not acted upon by the Senate? A.
| He is the same man.
9. Then against the wish of repuf icans of
Louisiana this man, being one Of TIL legal sll-
preme judges required to make legal quo
rum, was appointed to this office? A. Yes, sir.
q. And MI. +. ID. Morgan, who was one of
the Judges who held over, was appointed by
| the President to be judge OF an international
court in Africa. Was he not translated into
| that position? A. believe he was appointed
| to such position?
| Q. And just about that time. was it not? A.
| 1t was about May OF last year, think.
@. Then, when Mr.. Morgan and King had
been appointed Packard had not much show
a. ", !,
don't think he had.
| q. want to ask you in all soIemnity this:
Do you believe, from your knowledge of what
! took place, there was any other reason for ap-
pointing MIR. King collector than to get him
| out of that court, so that Packard would not
have his rights tried by legal court?,
| MIR. HlScock commenced to make objections
| to the question, when the witness answered
| that he could not say as to the matter referred
| to, whereupon Mr.. HisC0ck withdrew his OBJ
| lection TO the question.
| Mr.. Butler. The objection being withdrawn,
viii now ask you if you do not believe that to
| De the fact? State whether you believe it Or
not.
MI Hiscock. object to that question
Mr.. Butler.-After an objection has been
| Withdrawn it cannot he renewed, / believe.
| tLaughter.] However, VIII StIte my reasons
| sent down to New Orleans called the Nc
| Veagh- Harlan commission, to get another lie.
| glslature to take the place OF the Packard
| legislature. The witness has testified, and
there has been testimony here tending to show
that under these influences the Packard legis-
aqIe went SaSn tS the T. Nch9
threatened to appeal to the courts for redress,
he evidently thinking he had right to appeal
| to the Supreme Court; that the Supreme Court
that had any validity was the one composed
Leonard and they were all republicans; that
the fact of the existence OF that court troubled
| the opposition, meaning thereby the Nichols
government. more than any other fact, and
| under these circumstances Mr. King was made
| collector. The appointment diSOrganized the
| court, but as an evidence that he was not taken
Tor that reason, as soon as the court was dis
organized, and before the Senate could pass
upon his appointment as collector, his name
apponed Mdawn 6 DS o tRe % sas ffesstyG Ses who
stances, propose to ask this witness lwho
knows that while King made good Judge he
was no more fit to be collector than Sieve
| would be for water paiD if he does not be-
! leye the reason of the appointment Of Mr.
| King was substantially for the purpose of
breaking up that court. l think the question
| is pertinent.
| Mr. HiscOck replied that the statement was
| predicated on the fact that the Nichols gov
ernment was afraid of this cOust, court tina,
| at the same time Nichols, having quorum of
| the senate, could terminate the court at any
| time by appointing men to their places. He
| to swear as to what Influenced the PreSiden
| in making such an appointment, or what
| operated on the mind Of Gov. Nichols in his
By Mr. Butler:-Q. 1 will ask you, then, i;
you know on whose recommendation Mr..
King was appointed? A think he was ap-
pointed on the recommendation Of Thomas c.
Anderson, and recommended him also. That
the President did or did not appoint Mr.. King
with reference to his connection with this
court, cannot of course say, and, above all,
Q. Did Boulds Baker recommend hime
[Laughter;] A. should not be surprised If
such was the case. he had been member of
the legislature for number of years, and
! recommended him on the ground OF his
being an old resident and an line whig..
O. Do you know who recommended Judge
Morgan to the position he obtained? A. /
think he was appointed by MIR. Evarts upon
his own motion.
q: Was not the question mooted about Gov.
Packard's appealing to the supreme cours be.
fore the court was broken up? A. I think the
matter had been discussed by himself and
friends before that.
q. Do you remember whether MI Kings
name was Withdrawn about the time that
BOulds Baker returned from Texas? Laugh
teri A. /, / do not think his name was ever
senate afterwards, and Mr. Lawrence'S name
was sent in for collector. 1t was said that Mr..
King declined at the last m0ment, in order to
but not, l think, until it was understood tnat
he would not be re-appOinted.
TO.day's Proceedings.
The Potter committee met today at ll:lO
o'clock, when
SENATOR KELLOGG WAS CALLED
and examined by Gen. Butler. He said that
he was not in New Orleans when the McVeagh
commission was in Louisiana. He thought
that had Gen. Grant continued as President
and recognized Packard and his administra-
bee no difficulty in Packard maintaining his
| government; the Nichols government would
have met and claimed de jure authority until
IL was aSceltained who was PreSident-HayeS
! or Iilden. The opposition knew that there
| was to be scrutiny when Hayes came in, aud
ttaG 6mDOlQened them; although. even then.
II Hayes had recognized Packard, after his
! Inauguration, to be the legal governor OF
| Louisiana, in some firm and unmiStakable
| manner, he could have maintained himself
| because the people of Louisiana, knowing
that Hayes and Packard'S titles were ideuti.
cal, would have acquiesced in the decision,
and they would have gotten what they could.
MY opinion Is that there would have been
| some such similar compromise as the Wheeler
adjustment"
Q. If President Hayes had telegraphed TO
| Packard, You were elected by the same
| parishes and precincts upon which the Presi-
| dental electors were, and by the same return
| ing board, would Packard have had any dilti-
| Guilty to maintain his government?
| The witness answered that he thought not.
| THE SHERMAN LETTER.
| Witness said that he first heard of the Sher-
| man letter, as matter of rumor, about d year
| ago; first heard it from any person who
claimed to know about it, in the fa! of 1877 !:
heard that it had been found among the effects
| Of the dead man Weber, and that Mrs. jerks
| by reason OF her Intimacy with the Weber
| family, had become possessed of the letter.
| Subsequently heard the statement that the
| Weber letter had been written, and it was a
| matter OF discussion and scandal in New Or
leans; lin November last received a letter from
| Mrs. jerks asking me to use my good office,
| TO get her brother in the custom house in tn .
| letter she intimated that there was a docu-
| after, which she knew Of !" in reply, witness
| among other things, asked il the document
| spoken Of was 1.-The much. talked of letter"
| subsequently Mrs jerks called upon witnes
| at The st. Charles hotel in New Orleans; She
gave him the imDroSSiOu that there was q