New-York tribune., 1890-05-26
THE EATON-PHELAN CASE.
AN ELECTION CONTEST OF UNUSUAL M
PORTANCE.
HOW CLEVELAND CARRIED TENNEssEE-DBCENT
DEMOCRATS REPUDIATE PHEL\N-AN OPEN
CONSPIRACY TO DISFRANCHISE COLI
0RED VOTERS-PHELAN AT THE
lBr TELEGRAPH TO THE TRrBUNEv
HEAD OF IT.

HEAD OF IL
iBY TELEGRAPH TO TRIBUNE.v
Washington, May 2j.-Thc contested election case Of
Eaton against Phelan. of the Xth Tennessee District
is now the subject Of investigation by some Of the
brightest and ablcst members of the House Committee
on Elections, Democrats well a. Republicans. In
any and every aspect this is one of the most Interest
ing and important cases with which this Congress la,
10 deal 1t involves not only the title of Phcan to
seat in the House of Representatives, but also affects
the title of Cleveland and Thurman 10 the twelve cleo
t0Ial votes Of Tennessee, which were credited To them
in 1-ss. II the testimony sustains Eaton's clan-and
a careful examination of il leads to The belief that
such may be- the WSut-it viii strongly confirm the
editorial declarations made by Democratic newspapers
In West Tennessee after the la, Presidential election
that except for the heavy Democratic gains IN the
countic, which compose the Nth District. and in two
or three other counties of West Tennessee. the state
would have cast its electoral vote for Harrison and
Morton. Here of the declarations mentioned:
shelby Cornty. the Xth Congressional District by
the marnlhct mt majority rolled up at The laet general
saved the great Of Tennessee from the hand
Of Rcpublicansm reached grasp her by thr throat
That Tennessee is close STAT there Is no denying
lMcmphs ''scinlitsr," December Is, 1853
II 10y any HI>chance the machinery oi the city lM"n-
Ihs should fall into hand, of the Republicans tho
success OF the party the State would b. iroradizcd
It's has than been decided by Memphis
C'AVaancho," october 20 1850
Il j. we'll known na through the efforts OF The Mem
phs Democrats County shelby saved O. the party.
aud the complexion OF me XII Congressional District
Is determined by that county. ~ New.ioi" i 10 The
Democratic party nationally, 50 II Memphis TO II IN
Tennessee a'air-.-,>omrrNile (rennJ "ta'eon.'
II may be remarked that The Avalanche above
quoted, i, paper owned by Tie contcsiec, Ihran,
who dictates us editorial uttcrinc,7'. Mr.. fhcah
and Mr. Phclan's new paper made good many other
declarations. especially In respect to the right Of
colored 10 aad have his vote counted. After
of these utterances The IT Louis Republic felt
obliged 10 say
The Memphis Avalanche" understands it se abOu. tho
Situation Mississippi that Chalncre could nos
Rct the Office OF GoN'ror, matter how large his Won
might We believe that uiS is true but II II
true, the fankn,-, Of 'The Avalanche would b7
commends,e. 1t, proprietor Is the Hon James Phtlaf
historian and COngr '>sman from the Memphis District
''Ihe Republic" will b. called to defend him against
a partisan attempt % ou>t him from hk sat W. i'rl
that We have right Therefore ask him u stat win
great hc hae shown toward Mi->sipp! "h''r
be returned by hir mphl, managers safd">' o:
the yot cast and addition ~ This to sat the grounds
on which he expects "The Republic and oher Democratic
newspapers honestly defend admitted fraud II such
fraud existed. Mr Pholan VIII oblge The Republic
ue democratic party and the country by set,ng forth
such grounds fully and explicitly. They arc, il uey
~ st. of overwhelming importance.
Here is Nr. Phelan's reply, as II appeared in tho
editorial columns Of the newspaper owned and CON
trolIed by him:
.The Republc" please notice that the white
people Of South do not intend 70 submit 70 be gov
erncd by neeioos In any manner whosocvoT They have
said deeds every election tof twenty years add
hencciorth they to assert 10 IA words. There onht
bo misunderstanding whatever. Tho Nost'rn l.e
publican pre-. aud The southhatnp politician, o The
North may all the capital % Il thoy pDa>e. 'od
AIM ghty INTENDED, the iranc- q tE' Constitution
intended that tho descendants o' Aif slaves
should rule America any Irft of a.
We uust We have been -umrenty explicit on ,Ai- o.
ca-lon satisfy esteemed contemporary. THE lep-D
lc." and all ether lnqurlng friends.
Well did " The Republic 90 beginning IT. rcjoudrr,
m. ,.flf f.ff
not. Mr. Phcan Is man who believe, and c,ar-
agrou,ly a--crt, hat oooied voter, have bu-i-
uc,, with the franchise and that II j. an oUtace
that II Wa givon 10 them, and they ,houh not BE
encouraged ia any manner D. ne it,
The testimony shows b~,ond the shadow Of doubt
not only thai Mr. Phcau' political friends and sup
prcr, agree with him n theory, but that in tne c'
tion 81 I5-s that theory carried out u practice
IN order to pile up majority II moro thau 1000
for "Ctcvcaid, Phclan and Reform in q di,t1ci
which contains an honest EcputAeau majority ~ ~
least 1900. IN Faycre County, whore 40 actual
Republican majority Of 100 ~a- Transformed into a
bu4, Democratic majority of 100. tAr frauds ""ir
o. barciaccd and outrecuns a. to gust even some
Democrats. a number Of thc Democratic election
oiccrs in that county were indicted. prI couicd and
convicted in the United state, Court. and several Ii
them were sentenced 10 pay heavy fines. What
followed Why, in the Democratic Comfy Count Of
fayctte on April l. 1890. tho following procodinss
tDk place:
TIKI, day, John A. Crowdcr, J. T.. Of 40. g. sub,
ndttod 10 TIE court proposition that ne '0"Nt "i
otcera and ludeea holding the election in NovcmDcr,
ilcn' IN, 1"' ,hr rcatrJ CONT at NcnuJH ~hcn on
motion, il j. ordered hy the court that the chair-
man upon the pro-entat-on b' the parc. Of eydc.se
amount paid upon The general fund ,f The county
in other words The people Of the county. largo
majority Of whom Republicans, aro 10 bc taxed
10 pay convicted Democratic criminal, for dcuaucins
ya fol tCt ,f..s4o I'D
ufacturiug fraudulent Democratic majority for
Cleveland and Phean. within the last few DAYS the
taxpayers Of TayeJte County have publicly resented
and rpIdiated the action Of the County Court, and
declared that they viii resist the payment Of taxes
until 1t shall De re-cnded and the money already
Paid over 20 the thieves refunded and IL is also IN
d.r,tood that measures will be taken 10 bring these
county officials before the United state, District
Court FOR contempt Of court and have them puni7hed
The first trial, Of the Democratic election thieves
Of 1885 from Faycttc County took place before
United states Circuit Judge Jackson. who was ap-
pointed a. a Democrat by President Cleveland. In
his charge 10 the jury in one OF these Judge
Jackson said
The Court instructs you that the Government Is not
bound show, nor are you required 10 ind the exact
node or manner In which The fraudulent acts charged
were done permitted II Lr'y actuy done or per
mlttA u Is part Of the prosecutions 10 show
wh,b how OF what precise the alleged offences
were committed. Fraud rarely be established by d.
rect testimony 20 the precise Of 10, accomplish
pou IL, pcrpetIaon docs not admit witnesses 70 the
worst act Tho controlling fact be asccrtan,d from
the evidence is did the 100 witnesses the prosecution
vote the Republican ticket which they received from John
c. keevc,1
The witnesses directly and positively ~ the fact
a fact resting their own act, aud Within their own
kno.ledge This Is not crcuBstantlal, but positive pV
deut and II the Witnesses believed the fact Is ea
ah shed that at least Republican votes were at
tha, election I'm said district Tho testimony OF these
1oo witnesses swearing directly positively this fact
crto e properly dsregardd by the jury because such
v.tees.c. not having been lnpcachod contradictd.
tan, bcfore YOU credible any testified.
II the prosecution had simply shown that each OF
these witnesses going TO polls with Rcpub
Iica ticket his hands, which he had received from
Reeves with declaration Of his intention vote such
ticket such facts and would have constituted ciIcun-