The Rock Island Argus., 1882-05-27

which has been taken according to law, or
which would be received in any court OF
Justice in the land The statute expressly
points out the manner in which evidence
shalf be taken and transmitted to Washing
ton, all of which provisions have been
disregarded in this case. An unbroken
line of judicial decisions in the country is
to the effect that dispositions taken and
prepared and transmitted in the manner
indicated, cannot be received and read IN
evidence in any case. These interlineatlons
and erasures are in many cases of the most
material character, and change entirely the
evidence of the witness. In one case
Fwitness testified that he refused to sign
his deposition after it was read to him be-
cause it was not the one he had made.
Mr. Dibble has also additional testimony in
reference to the Justification of the evil
denee in his case by Mr.. Mackey, the con-
! testant In one of the cases now being
tried in South Carolina for frauds in the
elections, witness who was United
States supervisor of elections testified that
/ the return appearing in the evidence now
on file before the committee on elections,
which was shown to him over his signature,
was not made BY him, and that he made no
such certificate of the number of votes
cast; and other evidence shows that this
return was in the handwriting of Mackey,
and not in the handwriting of the super
visor. In view of these facts, which are
not disputed, the democrats insist that 1t
would be manifest outrage to permit any
member to be unseated upon such fraudu-
/ lent testimony. Their position is that
the case should be recommitted, and that
Maekey be permitted to serve a notice up
on Dibble to take evidence in the case anew
according to law, and when such evidence
| is received that the contest should pro-
ceed upon that evidence. A further
fact is shown by an examination of the
record in the case namely, that Mr..
Mackey not only caused all of his own tes-
| timony to be rewritten, erased and inter
| lined generally. but that he took possession
of the evidence taken by Mr.. O'Connor in
his lifetime, end caused that to be dotted
| full of interlineations and marred with
erasures and changed in many particulars,
amounting to hundreds of alterations.
The democrats say that it would be strange
if Mr.. Mackey was permitted not
only to write his own evidence but to
change, modify, and erase the evidence
taken by Mr.. O'Connor in his lifetime;
that he could appear here with prima
facie clear right to the seat; but they will
not permit the case to be adjudicated upon
this evidence Even if the republicans
obtain a quorum of their own members,
the democrats will still resort to dilatory
motions, such as motions to adjourn, for a
call of the house, and to adjourn from day
to day, until they force this case back to
the committee, and compel the contestant
to come to the house with evidence taken
anew in pursuance of the statute. They
will not permit him to forge his own evil
dence and claim seat in the house of rep
resentatives through bis own writing.
This is the democratic position in this case.
and they propose to adhere to it to the
end. no matter whether any other business
is transacted this session or not. They
are ready to go on at once with the appro
prfatlOn bills, or any legitimate
business of the house, but to per
NIT this outrage to be done will
not be tolerated for moment, and in this
there is no difference of opinion among
them. There viii not be a break in the line
on this programme until the case as now
presented to the House upon forged evil
dence is abandoned by the majority. The
democrats insist that they are not fllibus-
tering against the taking up of legitimate
contest, nor will they do so, believing that
the House should judge of the election,
qualifications and returns of its members,
but the extraordinary facts connected with
this case, undlsputed by the contestant
that the entire evidence taken by him was
unwritten by him and his clerks, and that
the evidence of the deceased contested
was altered in a material manner
by the contestant,-present a different
ease from an ordinary election contest
case in which man cndeavors to obtain
seat through the aid of the majority Of
the House upon testimony which he forged
himself and which would not be received
in any court OF justice in the land. If
democrats must be unseated, they must be
unseated according to law and not ether
wise.