Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-06-09
slider such excuse as the witness may have for not

Mr. CoX-There Is no doubt that subpoena is prob
ably necessary In order to test the question. II
arise OF course. are those which only need to b
well aware or, so that any course pursued may no
as this matter goes comes take il, UNDER The pro
vision Of the sixtieth section of the FIRST article
representatives, shall in all cases, except 70
treason, felony and breach of peace be privileged
sessions Of their respective gons to ana
returning from the same. The manner In which
that can 6scoms PTviege mt to, resPS S to .h
privilege from arrest for contempt in not obeying
the subpoena then the subpoena itself would be I
vain III ng. and would have no power. How far tina
privilege ought to be construed as going is thing
which would not admit as IN any way specially az
pertaining TO the senate or to the action of the sena
tor. but purely as one apperaning to bott
bodies. The claim is therefore just as much
ator. thing. as has been suggested that the sub
pena is the only way to test Il. Undoubtedly tbs
bers OF the house would be likely to do under SINH
lar circumstances to what is the proper and dig
nothing OF what may seem to be an angry collision
in any way, either between the bodies themselves, Oh
between them and the public with reference to per
sonal rights.
MI. Reed-I suppose that the privilege of SEN
atOr IL ne has any In this matter can arise solely
from his character as public officer, and solely fol-
the PUBLIC benefit not for his own benefit nor for hi.
own privilege. We asked Mr.. Mathews to come, and
he has declined for certain reasons We had right
to ask him, and he had right to decline. The next
DEEM it desirable What is to follow Is 9nestISE
for our consideration.
After some further discussion, the chairman asked
Mr. Cox whether he desired to suggest any change
In the phraseologS OF the resolution.
Mr Cox-I do not know that do, except that the
time shall be so set as that there be no necessary
collision.
committee shall tale care that no such question
Involved
The question was lien taken and the resolution
was ao opted. and s2e committee adjourned until
SHERMAN DECLINES TO SHOW UP
letter to the Potter committee yesterday until that
committee acts uponit The secretary, In the letter
seTay to TO make starns Of election that was
free and fair, BY an oiter OF certain testimony
t Volen snow and inmdaoe in East and %es
FelcIaua parishes by Democrats He furnishes the
names of about one hundred with to prove his
assertions refers to the testimony OF witnesses on
former Investigation. and gives resume OF a num-
Der of Iersons whipped, burned and hanged. He
asks that the committee accord hum the right to
prove what he asserts in view of the attack upon his
character.
Progress OF the Work In Florida.
JACKSONVILLE, FLA, June 8.-The SUBJ
committee of the Potter investigating COM
mittee resumed its session to-day.
o. A. BURLINGTON,
formerly clerk of Clay county, testified in re-
gard to one precinct not canvassed by the
county board, of which witness was a mem
Der; he sent the precinct on aseparate paper
to the State board; the reason it was not in
Guided in the regular return by the county
board was that there was s)nie doubt about
the inspectors having been sworn; it was
afterward learned that they had been sworn
according to law, and this affidavit was sent,
with an explanatory letter, to the governor
and the secretary of state.
C. A. BRYAN,
present clerk of Leon county, produced the
ballot box, ETC., used at precinct No. Is, Leon
county, including some of Barness "jolly
jokers."
C. II. EDWARDS,
county clerk of Leon county before and dur
ing the canvass, testified that he was told be-
fure the election that ''jolly jokers" had been
prepared, but understood that they were not
to be used; thinks Purman had them in his
possession before the election; had a CONVEX
sation with Joseph Barnes, now holding a
position in Washington, who was one of
the inspectors at precinct No. ID;
Barnes told me a!terward that he got in or
put in seventy three or seventy-four of the
iokers; | demonstrated VITA him about it
when the congressional com mittee was here.
and told him that his bungling manner of
doing the whole thing had got the party into
trouble; he said he didn't care; these seven
ty-three votes had given Hayes a majority in
Florida; understood that he put the tickets
IN himself; the canvass made by the county
included all votes as shown by the county re-
turns of each precinct; Barnes said that the
poll-list had been made to correspond with
the number of jokers put in: my opinion,
told before the election about Jokers, was
that they were to be used fraudulently, and
for that reason | and other Republicans re-
monstrated against their use; Purman told
me that he knew Of an election that had
been carried by the use of such votes, and he
showed me one or two of those which it was
proposed to use.
Recess.
s. B. Min, of the State tcanvassing board being
eTnor Stearns, mostly from W. E. Chandler; one or
mere from Zach Chandler. The kilograms set forth
in general way that the Presidential election and
the salvation of the country depended upon the vote
of Florida, and that effort must be made to give
the vote to Hayes; If necessary, means and tro ops
would be furshed; no mode was pointed out how
to the State for Hayes except the sugge son
that an effort be made get returns from the differ
emit counties; kilograms began to come in some two
three days after the eecttOn the only thing thei
epn RepuIicans came down to Florida to represent
Hayes, and amongl the number v; Z. Chandler,
General Wallace, Attorney General Little OF Ohio
Wallace Noyes told me directly that they had aut
thorty to represent Hayes but was told through oth
that anything he said the President would be Tespon
Of the returning board would be taken care
b nut he Would and SPOKE for Wallace that
State go for Hayes, Cowgirl ana myself will be
taken care Of he would say so by authority of Gen
eral Noyes and for hmself NoyeS never said to wit
Noyes had said so; never went to ask for anything
from him. and he did not come to me to make prom
hs shs
rage with number of other visiting statesmen and
aed e me e a1d Mep of said
had acted nobly; never saw him after he left Talla
hassee; addressed letter to him; have no copy
What purported to be copy of the letter was pro-
duc.d by Hiscock. 1t was dated January "a. 1877.
and commences: "Lamentable changes have taken
place since we parted on the sixth Of December
last Then we were hopeful and happy in the pleas
ant assurance that Governor Hayes would be inaU-
gurated as our next President. Now we are humIl-
lated with the nesr approach Of defeat not an hon.
by craven submission and sheer cowardice;
some OF my friends, have united In recommend
Office of United States district judge for this State;
the state executive committee, members of the old
cabinet and other friends have Joined in this re,
quest; 1 would be pleased to have you say good
word to the President In my behalf; however.
pray you. az not think that prefer my claim on
duty, conscientiously,, and II it proves pn-
a fegret as long as live; my reasons for seeking
the appointment are urgent; my contest for liveli
unequal one, and my health will not permit me to
live in a colder climate; you can thoroughly appre-
umph, should be honored with the appointment
Witness I would no. swear positively whether he
wrote the letter not the subject was the me
he wrote and the letter embraced his ideas, Gu
tertained at that time; N9yes acknowledged the re-
cept of the letter. remember that wrote two letters
Moves, of ABOUT the same purport; in answer to
one, Noyes said the tone and temper was so good
that he had forwarded 1t TO the President, with a
letter urging him to give me an appointments have
tell witness before the canvass that he would.
The first canvass witness stated gave Hayes eight
or nine hundred majority BY throwing out several
precincts. 4 great many dfhdavits made before the
board were erLdrte on both sides. The second can
vasS showed about two hundred and eleven majority
for Mr. Hayes. arrived at by throwing out Clay coun-
ty entirely. The return was neither regular nor
proper upon its face, and could not be understood;
the irregularity consisted in the statement, on a
of paper at ached to the returns that seventy
four votes had been cast at one precinct for Tden
and Hendricks each, and that the board could not
decide whether those votes were included In the reg
ular return OF the votes for electors In the first
by the board Of the returns from Clay county.