New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-29
A BENEFICIARY OF FRAUD.
DIBBLE NOT ENTITLED TO A SEAT.

FACTS IN TIKI CONTESTED ELECTION CASE FROM
THE lid DISTRICT OF SOUTH cARoLNA-rHE
DEMOCRATS IN CONGRESS TRYING TO RETAIN a
STOLEN SEAT.
IBY TELEGRAPH TO THE TRIBrNE.l
WASHINGTON. May 2S-In order that the public
might have an opportunity TO judge between the
two parties to the present struggle In the House OF
Representatives, statement has been issued by tue
Republican Congressional Committee giving his
tory OF the contested election case from the la
District of South Carolina. The statement, intro
duced by word or two of explanation oy tho
chairman of the Republican Congressional Commit
tee is as follows:
HEADQUARTERS OF THE
REPUBLICAN CONGRESSIONAL COMMITTEE {
WASHINGTON. ID. c., May -, 1851
The following statement has been prepared by
Mr. Miller of Pennsylvania and has been lnuois'u
by eleven out of fifteen members of the Eleclioh1
Committee Of the House. relative to the COME ~
election case which the Republican majority Oh ilp
House are now attempting to consider, ana WHICH
the Democrats are determined shall not even DC
discussed on the floor of he lIou e.. -, 49,,
JAY A. IIUBDELL, Chairman.
ID. b. HENDERSON, secretary.
MACKEY vs. OCoSSoR-This case arises out OF a con-
teal from tho lid Congressional District OF South Car
DINA and was referred to the second subcommittee Oh
the Committee on Elections, composed OF Judge ""e,
Of Connecticut; Judge Richie, OF ONO Mr M'Ii,I oi
Pennsylvania; Mr.. MOuon. Of Illinois, and MT DAVIS,
of Missouri The parties they stand on the record are
T. W. Mackcy, contestant, aud NJ T. Cohh0r cnt.9te"
Al the general election held November = lSSO, thc'c
two parties were voted for aud the state board OF can
vassers the state OF South Carolina acting upon Ine
returns made them by the county canVasseTs declared
MIR OConnOr elected and the certificate OF election was
accordingly issued to him. Mr. Mackey AT once COM
mcnced this contest and the parties IN que ilhe PlO-
oeeded take the testimony which IA contained Ill the
printed record. ., ,
After the testimonyn-chief either side had been
completed, Mr. O'Connor, on April 20 ISL
died. aud on May %. 1881, the Governor
in tine REPRESENTATION Of the state by MI OConnors
death, ordered special election TO M Inc SAINT Al
that special election Mr. Dibn the sitting menDer wa,
voted and returned elected, receiving only l3il4
votes in district that on November =, I77o MI y COh
nor claimed gave him l1,JOJ votes.
The Republicans OF the district, claiming that Mr
Mackey aud not Mr. O'Connor, hhd been circteu' 80
ycmbcr = ls9O, and that the icath OF oCoaipI l'I
created no vacancy, rcirantd rom Young aI r sp'id
eec ion On January ~ lss2, tine printed record Tts
received from the printer ON the same day Mr. Dlpple
filed protest with the Committee on Elections ucs ing
tnA the said committee had any Jurisdiction 10 inquire
into the right by which he hrd MS Sea on iie Hoo u
the House and all ging that tue Gedh OF ~ Conhor'
the comtcstcc Lad aDItcd the contest OF Mackey Vs.
OConn0r, and that there was no con'ct penuhS 10 MS
lDbDt 80 right the scat TN, protest Was argued before
the iD-cOnmttcc 10y eminent counsel on 'eha Oh MI
Dibbe on January - and 2Sanu on January 81 'ue SUI
committee submitted report 20 the lul committee,
overriding the protest aud The motion OF M DIDOo ~
dismiss tne contest
MIR. DIBBLE's REQUET GRANTED.
When Mr. DDble made aware OF the
notion Of the subcommittee he made request
mat his protest and memorial be argued before
the committee, winch request granted. On Feb
.
and after dae consideration the action Of the subcom
mttec was Sustained by the fun committee by vote Of
12to3 On The same day february 30 the clerk of the
committee ia accordance with tc rule relating hercto
Issued OF course TO MIR Dbole {" ne MS pre-
wi hin twenty days. the time fixed Tor all conteStees
within which uricls were TO Zoe filed after notice.
the Committee Elections, rrcltlng the TACT tnat hc
had been notified by the clerk to file Ills
Oh rd notice. again rcasserng that the committee had
no jurisdiction 10 inquire INTO the rlsht Oy when Ac
a mt ttf key
had abattd hy tue death OF OCOnuOr; that ne was "A
member OF the House, regularly sworn IA, against whose
s""r1 sii or ~ ~ i clerk if me Housr oncst,
ing his right 10 seat; that would not cyhseut 10
any his right as such member, ana lhat ne
Was comP5n9u or nr r Spiust being
served with any notices to NE briefs in the said case 81
Narkry vs. O'G onnor. TA!s memorial was also argued
ON salG F lruary before ull committee, MS pOtcst
overruled and by vote the committee clerk was ~
reccd 10 notify him file brief within tie time PIE
scrbed by tuc This gave hlm until February -
ia which to Tile said briefs.
DIBBLE's CHARGE OF FORGERY.
on Fcbruar, II, seven days before the expiration Of
the time in which he directed To file sand brief Nr
D,pble filed a tnrd memorial with the subcom-
mittee setting forth that without waving
any Of the objections heretofore raised
nv his protest, he alleged ard charged,
fron,urntly and corrGpty altered and perverted the
| testimony oI the witnesses VINO were examined IN
the tc,tinny lcd win Clerk OF The House of Rep
rc.cutatiyes said was uot the testimony Of
Witnesses gwen upon their examination III the said
casc lie closed hi- memorial by requesting the COM
nifce 10 MAKE due Investigation OF these matters and
10 AJAX leave the HOUSE O Representatives. To summon
me Witnesses wuOs" dispositions accompanied hs letter.
| together Win ruon other Witnesses as might bc
named MIR Mackcy auG himself touclnB the charge,
therein contained contestant deuid the said
Charge take ,uch other means rs may be just fair
and lawful Go ascertain lhc shc' anu lh"t me 'c9tlho"y
on sad cast OF 'lackey ". Otouhor he stricken
This memorial II wall he observed contained itc
distinct prayers Al me lHhe i"1 same memorial was
| med il was supplemented by the HihdaNt@ OF
H. H. took n'S iht ratr Dart OF the ts.iiony
| Tor both parIcs; % {. :. smith, VINO had Dceh
! a clerk To sdcKcy; OF ". \. Zimmerman, IL wIucss IN
the case; o. Robert Chisholm james "hdiey ana MAJ
cnIu l. browning. all OF SUutt Carolina and VINO we're
iorNlr Dbbc, ana tharcs T. . tohuor, son 81 Nh 4.
and @no also acted rs one oil me attorneys IN
On March J. eight days after this memorial and these
andi,iis mad md Win tie committee, The sub
! notic. 10 Mr. DiDblc. lie was asked whether
| or not he rcqhrtd any additional tine
roboratng charge OF alteration OF tue record and,
witnou objection on MS part, me close Of hat day was
given nm such purpose. Al the same lime The com
Inuer gave Mr. .dchcy until the cVenn- Of March 10
ms sue counter ildyits 80 ne IN gnt "csre to ne, ANA
exprrsny stated to the paroles that ulcss objection
made and then, no further lime or delay would DC
| gwen to either Of them 10 hle 1urhcr alh.aNi,s.
MACKEY ) REPLY To DIBBLE's CHARGE.
Within the tIme specified Mr. Mackey Med with the
clerk OF the committee his own affidavit that Of .lr
uo,,rtn the uotary Aforesaid, deposcd mad
examined the deposition, Of fourteen witnesses con
tanned IN tue prAtcd volume OF the testimony that lac
hd cJmpAred them vita the original stcHoSrdphlc notes
of Lac IN possession, ANA tuut TIE
ueDositous pOndcd IN every particular with tue
isnH sicnOzrapIc notes OF said ucpO7lIOn5; a.sO
tue de position ". McGrdtn, whO GepOscd that ne
" - employed assist III wiring out ucn OI the tcs
mony of MAChey Ia the cist, aud That enc depOH
ton Of such were CORE ct COplc. OF the Org
| uas as read HIN and transcribed by HOgarth amt
TIE dc O,l L. ilucnln, VINO was one % me Dem
| oc.alic BOard OF County CauVassers III CharlestOr
County and ii very nalcrla witness Tor Mackey, VAC
dcpo,cd thai uad re al ms position in tne printed
| al
EARNINGS alterations IN or additions TO- SAID dcpOh
| aud IuItncr sWure tIat tnc same true la
every particular; ana also tno affidavit Ol c. = smith
the witness relied upon Dy Mr. DoDlc ana the only
one tsa alterations or the record, 1nat hal