The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-20
THE FLORIDA COUNT.
GENERAL BARIow's STATEMENT BEFORE THE
POTTER CoMMIrTEE-wILLIAM e. CHANDELIERS
IDEA OF CoUNsELs DUTY-AN ISSUE OF


FACT.
WASHINGTON, Feb. 10, 1879.
The Potter Investigating Committee met at half
past eleven O'Clock this morning. and General Bar
low of New York, was called to the stand to finish
his testimony.
Mr.. Hscock put in evidence the final argument
that written by the witness for deiverance be-
fore the Florida Returning Board. and it was then
handed to witness. who read it through carefully
and took memoranda of its contents. 1t consisted
of thirty nine pages Of foolscap.
Mr.. Hiscock said he had no questions to ask with
reference to it, and the Chairman proceeded to ex
anime the witness in regard to his connection with
DR.. Cowgirl and about the memoranda he gave to
Paris. The 40 for Hayes" mentioned there meant
the number of votes the face of the returns and
included the 90 votes of Alachua county; the men,
oranda said 'Do not throw out Manatee and Mon
roe" but those two places were thrown OUT with
regard to the 219 that in dispute witness
suggested that the registry list should be obtained.
and il the names were there that would settle it.
BY Mr. Hiscock--I unprepared to say that they
did produce the registry list showing that over three
hundred of them properly registered, but some
of them might have voted at other polls.
O. Then the principle you proposed was that every
mans vote should be quest toned? A. Yes
O. Do you that when Governor Stearns
came to your door, at the time of your interview
with DR.. Cowgirl, that you did not for an instant
dispute his entrance into the room? A. swear
positively was very glad to see him. don't think
he came on purpose interrupt me because the
republicans weary thought was acting
improperly in having an interview with Dr. Cowgirl
at SO late hour; one knocked at the room door
and refused amittance while was talking to DR..
Cowgirl: before retired that night communicated
my views to Mr.. Paris, and suggested that should
meet the democratic lawyers; my object in having
the meeting simply to tell them what had told
the other side.
O. You had told the other side? A. Yes. Governor
Stearns
together such men of your side Wallace.
Chandler or Noyes, and communicate to them that
you differed with them and see il you could not
reach conscientious conclusion of the before
YOU separated from them, and secretly! A. IL was
not secretly at all; knew Governor Stearns would
inform them. and if they wished discuss it with
ME they might come to Inc.
O. But you sought out the other side? A. I don't
The Charman-You said yesterday that you
markedfst Tallahassee that the return Of Tilden would
be national calamity? A. did
o. What were y0ur relations with Tilden2
Mr.. Hiscock objected to going into this, and the
question withdrawn.
The witness asked leave to explain his position in
relation to the republican party as 1t had been drawn
out OF him by adverse counsel in fragmentary man
ner and might be misunderstood.
Mr. Reed pointed out that the committee had al
ready gone into this matter very fully. and General
Barlow did himself injustice when de described
his answers as fragmentary He had not made
single reply with an explanation. He objected to
hts making general statement
GENERAL. BAHLows STATEMENT 49,
Mr.. Hscock took the same objection. but after
He made long statement, in which he pointed out
how had refused to take the position Of counsel
to the republican party at Tallahassee in order to
keep himself in an independent position; that his
conduct with regard TO DIR. Cowgirl was not incon-
ssient with his position as reppnSan counsel. and
because that gentleman had clerk and not be-
cause he was one OF the democratic coun.
sci. He concluded an elaborate defence OF
the dishonorable conduct with which he has been
charged, by stating that he went down to Taahas-
the purpose Of giving an honest Judgment in
the matter for the democrats and the republicans.
with the idea that that was his duty; and he there
fore had not the slightest hesitation in talking with
democrats anybody else who could throw any light
on the and assist him in getting justice done.
After General Barlow had left the witness stand the
chairman announced that he had received commu-
nication from Mr.. Jack Wharton stating his inability
TO attend to-day, but that he would be present to-
morrow.
William Z. Chandler was then recalled. and in
manuscript argument from General Barlow, on the
4th of December; short time previously General
Moves and himself requested Mr.. Barlow to furnish
them with general summing up of the case; he did
so and the argument was submitted
a-Snment A. There was; he desired that it should
not be read the Returning Board in his own name
his argument. and when the argument came to
it had written on it. Don't sign; tho paper
was read as the closing argument of the republican
side. and no signature affixed.
O. Did you send Governor Stearns to Barlows
room aud under what circumstances? A. thought
that under the circumstances such an interview
might mean treachery and violation Of what he owed
To The cause as republican counsel and thought
Governor Stearns had right be present at the in
terview il he could he was reluctant 10 co. OUT In
MIR. Hiscock-Now, Mr.. Chandler. if you have any
thing that you wish TO add to your testimony please
CHANDLER VS.. BARLOW.
Mr.. Chandler desire to state that General Barlow
was in Florida from the beginning to the end 40
counsel for the republican cause and the republican
candidate He distinctly entered into that relation
and remained in it down to the 9th OF December.
when we left for home. and under the obga-
tions and responsibilities of counsel AS to his state
ment that he not, desire in my own behalf aud
in behalf of all the other gentlemen who were there.
20 intc-pose a distinct and unqualified contradiction.
! myself told General Barlow that he would be the
leading counsel side. told him he had been
assigned to that post of honor ar there were honor
in the busness and he asscnted without objection.
within few days he said to me that he was there by
request of the President in another capacity to
If there a fair count and that nothing wrong
was done either side 1 pointed out that the two
relations were inconsistent and might become in
compatible. as wished him 10 occupy the relations
OF counsel and have the obligations OF counsel He
insisted upon it that there incompatibility
between the two and from that time had no doubt
that he under all the obligations OF counsel He
seems TO have tried his best republican counsel to
secure the vote of the State for Tdcn, but fortu-
nately he did not succeed.
Mr.. Stcnger-Was he ever paid anything Tor acting
rs counsel? A. presume not; none of us were; the
satisfaction of getting Hayes returned was suf-
Nv Mr. uiscock-In that secret interview with DR..
Cowgirl MIR. Barlow advised him to throw out tho
2l9 disputed votes from Aachua county. while in an
arpuncnt of his which read before the Board he
had contendcd that they ought to be kept in?
The Chairman showed Mr.. Chandler half dozen OF
the cipher dispatches that have been photo-tho-
graphcd. The latter replied that he did not know
Their meaning. Some of them seemed to be in a local
cipher.
GENERAL
General Barlow was heard in reply, after which Mr.
Hiscock asked d In your position then, not rs
counsel but as visiting statesman non-partisau did
you conceive IL to be your duty to address argu-
mcnt 10 a member of that Board and attempt to in
nucnco bias i'll that way his decision A. Yes;
what tried to lay down the correct principles OF
decision.
Ant not a,
see that fraud or wrong done, but TO inhu-
the honest judgment OF that Board questions
that they might decide honestly either wayr A. l
consider ut liberty to influence them that way,
but understood the question OF fraud was involved
In Alachua county.
On the motion OF Mr.. Hiscock. Mr.. N Gibson.
correspondent of the New York Sun, was recalled
and asked If lac knew that any despatch from any
party in New Orleans 10 him or from him TO any
marty In NcM llrleans had boon withdrawn frOm tho