New-York tribune., 1879-06-06


pied in trying master the points to which his at
tcntion was directed, Judge Merrick. TO refresh
his memory. produced paper covering three or
four pages of legal cap, which proved to
be an affidavit signed in due form by the witness.
and atteStcd by justice of the peace. This docu-
ment forth that the witness was member of the
Legislature In 1876 and having been in n caucus
of Republican members of that body called for the
purpose of nominating United States Senator, he
had heard speech addressed by Mr.. Kellogg to the
caucus. in which Mr. Kellogg said he had been
working earnestly for the Republican party, and
now if the members of the caucus should 90
back on him, he would turn the whole
matter over to the Democrats. The document
further sets forth tnat the witness had some time
previous to the Senatorial election called upon Mr..
Kellogg who was then Governor. and had asked for
money Mr. Kellogg had referred him to Louis j.
Souer, who, he said, would give him satisfaction,
at the same time telling the witness that he thel-
logg) expected the witness to stand by him. Inc
witness had called upon Mr.. Souer and had Deen
told that all who voted for Kellogg would receive
5000 and he had received this amount In hand. lie
had also seen another colored man. waiting at
the door to go in and get his money after him, and
had talked with a third cOlored man whose name
was given in the affidavit, and who had shown him
the money he received.
signature; but both in direct and cross-examina-
ton he denied any knowledge of the facts to which
he had sworn in the affidavit. Senator Kellogg
himself conducted the cross-examinatiOn, and
brought out with positiveness the assertion
that the witness had been induced to put
his signature 10 this paper without knowing
definitely what was in IT, and that he had been Of
fered position in the Custom House when Mr.. kei-
logg should be turned out of the Senate and Mr.
spohord put in his place.
SO far as can be judged by appearances, they are
favorable to the truth of this story. Tho witness
said that he was solicited by colored man named
Ward. professional Democratic politician, to go
to the office of one Cavanac, in Orleans where
he found the affidavit partially written. 1t was COM
peted in his presence but he did not dictate word
i and he had signed it without having its contents
fllly explained to him. He comprehended that 1t
was something against Mr.. Kellog, but had been
told that there was Democratic majority. and Kel-
logg must 60 any way, so it would do no harm to
him. and that 1t would please Mr.. SpohOTd, who
would procure him situation in the Custom House.
With regard to the facts alleged in the paper, he
swore that he had called upon Governor Kellogg
and asked for a loan of money to pay his
board, as the members of the Legisla-
ture were getting warrants and no
paw Mr.. Kellogg had replied that he had no money,
but had referred him to Mr.. Souer, to whom he had
gone and borrowed $50 or $50, which was to be re-
paid when he got his warrants. This Mr.. Souer
was chairman of the Contingent Expense Commit;
tec through whose hands all warrants passed, and
he was thus in the habit of accommodating mem-
bers of the Legislature, having ample secur-
ity IN the warrants. He swore positively
that he had never been approached by Mr.
Kellogg, any one i'll his behalf, with any
offers to purchase his vote and that the amount
borrowed from Mr.. Soucr was only $25 or $780, IN
stead Of 5000, as stated in the affidavit. sgni-
cant fact Is found in the date gwen IN the affidavit
where witness was made to swear that he had been
member of the Legislature in 1875. lie swOre to-
| day that he was not a member in 1876, but
had been in 1875 and again In 1877, the latter
Legislature having convened on January 4.
This witness was discharged by the Spoford side
tonight. but was retained by Governor Kellogg, as
1t was intimated that Spoford would put in testi-
mony that would prove the affidavit to be true, and
Mr. Kellogg believed it best to keep the witness
here to counteract any such testimony AS each
side is entitled TO only eight witnesses, this prac
tically reduces Mr.. Kellogg to seven direct wit
nesses. The result of the days work is unmis-
takably favorable to Mr.. Kellogg; but there are
immense possibilities in the way Of testimony from
that section of the country.