Daily globe., 1879-06-13

AOAo LlSuLenS up the ClOOln Dy ~
Original Exhibition of Ignorance, vul
garity and Pugnacity.
THE DE LACY.
WASHINGTON, June l2.-The committee o.
| privileges and elections this morning resumet
the Kellogg .Spofferd case. Mr.. Merrick said b
had no further use for De Lacy as witness, q
this witness had been arrested for perjury; b
(Merrick) had asked the district attorney th
privilege of assisting in the prosecution shoult
he be indicted. Senator Hoar, alluding to tn
criminal charge, said it was an extraordinar,
proceeding. +.
The Chairman-The commit go has nothin,
to do with it..
Mr.. Hoar-I think it has.
Senator Houston-When it comes up here WI
can argue.
Mr.. Hoar-We will argue it when it Seems
proper.
MIR. Merrick said De Lacy was one of his wit
nesses.
Mr.. Hoar remarked that the universal rul,
was, while any cause was pending, a crimina
process was never used as means of coercion
of witnesses, and when such witness was ar
rested, to decline further prosecution unit
the cause ont of which the offense arose wa.
concluded.
The collbquy here closed.
Richard ). Brooks, colored, member Of the
House of Representatives of the Packard legis
lature, called by Judge Shellabarger, testified
to being present the 10th of January at the
joint convention of the two houses when Kel'
logg was elected. He knows Samuel Thomas
and heard him answer when his name was
called. Murray had tried to induce him to go
and see Cavanac and make an affidavit that he,
witness, was bribed by Kellogg. He did not
go.
Cross-examined. He said he subsequently
told Cavanac that kellogg had not offered him
money. Cavanac responded he knew all about
men but preferred colored men in the busi-
ness. In reply to Senator Kell gg, witness
said the rumors that Kellogg had used money
to secure his election had come from disap-
pointed politicians. There we're also rumors
that the Nichols government spent money to
drive out the Packard government. Ross
Stewart asked witness to go from the
said he had made arrangements for
that purpose before the commission
come from Washington and that if he could
get crowd of eight or ten men togo over to
the Nichols legislature they could have $4,000
apiece for the service. There was rumor
that money had been used to secure the cleo
tion of Spofford.
Charles F. Brown, colored, testified he was
member Of the Packard legislature and was
present at the joint convention in 1877 when
Kellogg was elected. Samuel Thomas and
Jules Seivgnes were present and voted. In re-
latlOn to the conversation with Murray, wit
ness said Murray told him that if he would
receive $4,000 and would realize about $1,000.
Murray said Judge SpoffoYd was rich and the
money would come from division of Spof-
ford's back pay.
Witness was never offered anything to vote
for Kellogg. He was offered a bribe to go to
the Nichols legislature and vote for Spofford.
On the 9th day of January, while the Senatorial
to witness and his colleague that
if they would go over to the Nichols legisla-
ture he would guarantee them 300 day for
ten days or until ULited States Senator was
elected. Kennedy said he represented the
Nichols government, and pulled out q large
you boys if you want to CO." There were 500
and $3.50 bills in the pile. He put the money
back into his pocket. After one hundred days
he went to the Nichols legislature, having been
bartered away.
Merrick then cross-examined witness and
asked him:
@. Who bartered you away? A. The com
mission.
@. The Mcveagh commission and the Presi-
dent of the United States? A. Probably it
might have been.
@. Did not Cavanac tell you he wanted only
the truth? A. That is what politicians say.
@. W. all know what politicians say; an
swer the question:? A. Cavanac might have
said so.
During the cross-cxamination witness said
he did not tell Murray that he received money
for voting for Kellogg. Witness said Cavanac
wanted all the boys to fall in line and said the
patronage of the custom house belonged to
them andiwould be distributed when Spofford
came in Senator. He did not know of any bids
being made to support the Kellogg side.
Richard Sims, colored, was examined. He
was member of the Packard legislature in
January, 1877. He knew that Thomas and
Seviques both voted for Kellogg and they
never told Murray that he obtained money for
voting for Kellogg. Witness was a Yarmouth
man, but at the request of Yarmouth he and
others went over to Kellogg. He did not know
for Kellogg.
j. X. Watson, colored, of New Orleans, testi-
fed he had been a letter carrier in that city.
He knew Murray but never told him that be
occupied Thomas seat in the legislature on
election day and voted for Kellogg. He dig
not occnpy the seat of Thomas or Of any othe,
member on election day. Witness gave an &C.
count of his arrangement with Murray and
Cavanac to swear to an affidavit that he had
represented Thomas in the legislature and vot.
ed for Kellogg. After making out the state.
ment Murray said to witness, ''Strike Flood fol
$780," Flood was one of the negotiating par.
ties. He was told to strike while the iron was
hot.
Witness obtaided IS from Flood on account
until the matter could be fixed up. Out of the
$5 he paid for cutting Murray's hair, for his
shaving end glass of beer for him
Murray said witness didn't aci
on the square, although he had
not promised Murray to divide small sums
With him. If he had received large sum he
would have divided. Murray also obtained 81
from Flood. he and Murray went into a cof-
fee house. The witress said, This place is
only for white people," when Murray replied,
''We are big niggers.' After drinking Murray
took out his 81 to pay, and out of the change
gave him two bits. Murray said to him that
the friends Of Nichols wanted to prove bri.
berry. Dead men could tell no tales, andlif be-
the witness, would personate Thomas and vote
for Kellogg the profit would figure up 81, 500
Murray told him that if he, Spofford, did not
pay those niggers they would 90 back on him
and added. ''We and other colored men who
made out affidavits do not intend to swear tc
them until we are paid. Spofford is worth two
his ambition" Witness said he signed one o.
two statements and took quasi oath.
Merrick-It was a fiat straightforward lie
A. No, there was some truth in it.
/ Merrick then showed witness the affidavit t,
which he had sworn on the 9th of May. H,
denied that he told Murry that he personatet
Thomas and voted for Kellogg. Ha~ fulfilled
the part of his bargain with Murry.
@. Who forced you to make the affidavit
"A. was persuaded to do it and did no
think the act involved any legal responsibility
@. 1t was moral terpitude. A. had
right to SO act.
@. You swore to lie. A. 1t was the trutl
| iudiciously expressed.
@. There are times then when you can swea
| to a lie. Is that the way you understand con
scientious scruples? A. I am a minister
| Uaughter.)
| @. In Gods name, of what church, A. O
all the colored churches. am Universalist
| Uaughter.)