Rensselaer Union, Volume 11, Number 40, Rensselaer, Jasper County, 19 June 1879 — SPOFFORD VS. KELLOGG. [ARTICLE]

SPOFFORD VS. KELLOGG.

The United States Senate Committee on Privileges and Elections began, on the sth, the examination of witnesses in the SpoffordKellogg contest. J. J. Johnson (colored), who had mode an affidavit that Kellogg paid him and othef* $2)10 for their vote, was examined bV Mr. Merrick, Spoffurd's counsel, and completely retracted his statements made in his affidavit. Upon cross-examination, witness testified that a man named Ward persuaded him to sign the affidavit; inducenunt. big promise of work in the Custom-House. No other witnesses were examined. —i , * On the 6th, the counsel for contestant offered in evidence the affidavit of Joseph J. Johnson to impeach the credibility of Johnson's oral denials of the truth of its contents, and also to lay the foundation for proof that this witness since making the alli iavp, had been subjected to the influences of seductive benefits and intimidations. Mr. Shellabargef; of the counsel for Kellogg,'objected, and the committee requested counsel to submit the legal authorities upon which they relied. Thomas Murray, a colored Sergeant-at-Arms of the House of liepresi nlatives of the Packard Legislature, testified that Colonel Souer occupied a room next to his. and Governor Kellogg on a number of occasions directed witness to conduct members of the Legislature to Souer's office, which witness did. Witness said tlnisewho came before the election, of Senator were hard np, and when they came they generally went to the Governor for a little money. Some of the men he took up to Souer’s office told him they went to see when their warrants would be ready; others, togetmoney. Wiihess had seen some men have as high as two hundred dollars, which they said they tad got for Voting for Kellogg, but they were colored men, and he did not rely on everything they said. He had heard generally around the office that members of the Legislature had got monev; four or five had told him of iti and showed him a portion of it; he could not tell how many of them had told him of having received money without showing it to him. His office was headquarters where they all came, and some of them slept there. The men who showed him the money were Sonny Sims, of St. James: McGioire, of Avoyelles Parish; Joseph J. Johnson, of DeSoto Parish. The latter did not tell him, but Robert Johnson, did. These were all that he recollected. The talk among them was that tbo unite was *IOO. About twenty members of the Legislature that elected Kellogg Were now employed in the New Orleans CustomHouse. Had seen Colonel Souer pay money to two persons. Witness said he knew Thomas, of Bossier, a mem her of the Legislature w’hom the records showed to be present at the Joint Convention. He knew that he was at borne sick with the small-pox, and could not be present. Witness then made a statement that a colored man named Watson, a member, had told him that it was he who had voted in Thomas' namp that day, and he had got his “ sugar” for it, too. Thomas was now dead. Thomas was a little taller than Watson, and a little darker in color. Witness introduced Watson to Cavanac, Spnfford'a counsel, but he told Cavanac that in his opinion Watson was "a dirty scoundrel.” Watson had since got into the New Orleans Cus-tom-House, and witness thought that was Watson's game.

©a the 7th, William John De Lacy, a mulatto, was the first witness, and swore that bull-dozing existed in Louisiana in Rapides Parish, and that he himself had to run away from the Parish to escape the White Camelias and other oigani7.ations, and Hee to New Orleans to meet the Legislature, to save his own life. He had received information of the operations of the bull-dozing bands from a white relative who gave him (De lAcy) early news, and the hint that be should hide in the cane-brake. De Lacy also swore that the Packard Legislature was broken down by the use of money, and that MO.IU) were advanced to the Nicholls Government by Charles P. Howard, President of the Louisiana State Lottery Company, and that large sums of money were spent in the interest of BDO (ford to secure a quorum in the Nicholls Legislature and destroy the Legislature of Packard. In the Joint Convention for the election of Senator witness said he bad voted blank, because he was in favor of Pinchback, but afterward changed to Kellogg. He d-nied that Kellogg paid him money to so change, and said that Smith, who was afterward a member of Congress and Collector of the Port of New Orleans, did not. before be voted, throw an envelope upon his desk and tell him that it contained money. An affidavit was shown to him in which it was stated that Smith did so give him money, but he denied that the signature was his. or that he signed any such affidavit. Thomas Murray had told witness that, if Kellogg were successful, he (witness) would be provided for and get *2 800, Witness swore that Thomas (whom a previous witmss had said was ill with the small-pox, and that he was personated in ttie Joint Convention by another colored man) was present in the Convention’, and voted as the record showed; he himself slept with him the night before the Convention, and knew he did not have the small-pox. He (Thomas) died three months after. Witness gave the names of several members whom he knew had received money for Toting for Spofford, h mself being one of them. The money was in the bands of the Democratic Senator Demas, of St. John’s, who distributed fiorp $15,000. to *20.900. There were twelve Republican members who refused to vote for Spofford. CharlesCavanac testified that he was interested in procuring testimony for Spofford. DeL icy, the previous witness, came to him and offered to make an affidavit.Wiaruing bribery on Kellogg and his friends. Witness had bad the affidavit prepared, and DeLicy went before a magistrate and swore to the troth of it and affixed his signar tore. The document presented to committee was the affidavit DoLscv signed .... Thomas Murray testified that DeLaoy had told him that he had made an affidavit, and read from a memorandum book what he had sworn to. He asked liow much money there was in it. Witness said he himself told DeLacy that he expected to make (2,500 out of it. On the 9th, Thomas Murray (colored) was recalled, and testified that, when he told De Lacy that he oould make *2.600, he meant that if he came to Washington and told the truth, he would make a reputation with bis people which would be worth *2,500 to him, Jules Bt-veiinies testified that he w«s a inemher of the Packard Legislature in 1877. and was present in the Joint. Convention that elected Mr. Kellogg to the Senate. Mr. Merrick showed witness an affidavit which he acknowledged he had signed. This affidavit stated that he (wit-. ness) was not present in the Legislature in January, 1877. when Mr. Kellogg was elected for the long term, but. voted for him the next day. In reply to questions by contestant a witness said ftib statements in the affidavit were lies, and .that he had b< en induced to sign it by Dronett. Cavauac, Thomas Murray, J, W- Elder, and qtbers; Cava--DAC was present when' he rigupd it, and said Wit-

nrm «h<mlil have errrything be wanted, aa Kellogg m ti) be uqt out of the Her,ate anyhow; Mr. Murray dirt not adiiae him to IWtar falsely; hut errirf there ni " sugar in it;’’ UroneW adtiaed but to standby hi* affidavit; did nut make the affidavit Jo get “angar. but to aareKain how all the affidavits were uiannfaotured; made three nffidavita voluntarily; did not think it immoral 19 swear to a lie " when men want to bring about KW affidavit* are obtained;" had held a (Mention In the New Orleana CoaUim-Houae. hut ml lined aa toon aa he became witneis. On crossexamination. Witness aaid be had made a second affidavit for (Cider, but got ho pay for it; told L'aranac he waa not preacnt at the e'eotion of Kellogg, but waa locked up in a room; thaUUt* ment wan a lib; never waa bribed, and had alwaye refnaed bribe* wheft they were offered; had seen Killer for the drat time in New Orleana; Klder uiil tie waa from Washington getting up testimony for Hpofford, and Haul Cavanac Waa getting up affidavite to ikow that there waa no (inornm in the Packard Legislature that elected Kellogg; Elder aaid he only wanted live to break the gnoruni. and if they oonld aecure itilir.atilfl from there five they oould nnaeat Kellogg before the kewnim Was nveri Murray •aid mat. by testifying for Byoffofd, they Mold get all they wanted, and Cavanac aaid Hooflord, when seated, would divide hia salary among those who aturk to him. The witness gave the names of the live relied on to break the quorum, two of whom were Murray and mmself, and Watson was to swear that ne personated Thomas, who Watson was to testify was not Jiresent; believed Thomas was present at the oint session; signed the affidavit as prepared or him to show how easy 'it was to get np affidavits knowing them to be untrue; had been a consistent Uepnhliean. and when he fonnd a point against a lUpnbiican, acted aa a detective and worked (tout; made the affidavit to obtain Elder's confidence, and went to Cavanac's office to get far ts: was apuroacbed on the cars while coming to Washington, and waa told that by supporting Hpr,fiord he would be taken care of; had beard that $1 5(0 would be given legislators for going over to the Nicbolls Legislature, hut had never received the money; was so informed by Drouett, a Democrat. No witnesses were examined on the KJlh, but each side announcer! that some were expected. The affidavits previously offered in evidence were admitted to the records. On the 11th, William L. Randall testified that in 1877 he was Clerk in the Packard Legislature; was present whell Kellogg was voted for in Joint Convention; seventeen Senators and sixty-live Representatives were pi esent; among those voting were Hamnel Thomas and Jules Beveignes; recorded the votes, and, on re-examination, disclosed no errors; after voting for the Senator for ,tbe long term the Joint Convention adjonrned for one hour, when James Lewis was elected for the short term; the latter isttow Naval Offioer of New Orleans, but was not then; made minutes at the time of all members who voted for Kellogg; had visited witnesses in this case since their arrival, and talked with personal friends: had shown notes to Hhetlnbarger, Bypher and John Molairtj, bnt nobody else. On the 12th, Mr. Merrick announced that he bad no further use for De Lacy as a witness, but would claim the privilege of assisting the public prosecutor when he should be indicted for his perinrv. Richard J. Brooks (colored) testified that he waa a member of the Packard Legislature; was present When the Jdifit Convention was held which elected Kellogg; knew Bam del Thomas and heard him answer when his name was Called) Murray had vainly tried to induce him to see Cavanac and make an affidavit that he had been bribed by Kellogg. On cross-examination, witness said that he subsequently told Cavanac that Kellogg had cot offered him money; Cavanac said he knew all about jt, and Kellogg would undoubtedly be removed; Cavanac said could get white men to make affidavits, but preferred colored men; believed the rumors tlwt:Kellogg had used money to secure his election came from disappointed politicians; there were also rumors that the Nicnolls Government had spent money to drivo out the Packard Legislature; Ross Steward asked him (witness) to go from the Packard to the Nicholls Legislature, and said he hud made arrangements for that purpose before the Cdmlntsslon came from Washington, and if he could get a crowd of eight or ten men to go over to the Nichulls Legislature they could have $2 IjOO apiece for the service; it was rumored that Hpofford had spent money to secure his election b.v the Nicholls Legislature. Charles Brown (colored) testified that he was a member of the Packard Legislature, and voted in Joint Convention tor Kellogg; SamuelThomaa and J ules Beveignes were also present and voted; Murray had told him (witness) that if he would make a.t affidavit on the Hpofford aide he should reelive Oft) and would realize about $1,000; Murray said Judge Bpofford Was rich, and the $lO 0 0 would come from the division of Bpofford s back pay: was never offered anything to vote for Kelloggi was offered a bribe to go to tile Nicholls Legislature and vote for Bpofford; while the Senatorial election was pending, P. J. Kennedy proposed to the witness and his colleague that if they would go oyer to the Nicholls Legislature he would guarantee them S.OO a dav for ten days, or until a United States Senator was elected; Kennedy said he represented the Nicholls Government, and pulled out a large roll of bank bills, laying: “ Ibis is the hash for yon, boys, if you want to go;’ atter some one hundred days witness went to the Nicholls Legislature, having been bartered away by the MacVeagh Commission and the President. On cross-examination, witness said (Javans.; had told him he only wanted :the truth, but that was what all politicians say; did not tell Murray that he received money for voting for Kellogg; did not know of any bids being made to support Kellogg’s side. . • . Richard Bims (colored) testified that he was a member of the Packard Legislature in Januuary, la77i knew that Thomas and Beveignes. both voted for Kellogg: never told Murray that he obtained money for voting for Kellogg; did not know of any money being paid by anybody to vote for Kellogg. . . , , , , J. R. Walson (colored) testified that he had been a letter-carrier in New Orleans; knew Tom Murray, bnt never told him that he occupied Thomas' seat in the Legislature on election aay and voted for Kellogg; did not occupy the seat of Thomas or of any other member on election day. Witness gave an account of his arrangement with Murray and Cavanac to swear to an affidavit that he had represented Thomas in the Legislature and Voted for Kellogg. After making out the statement Murray said to the witness : “Strike Flood for two hundred dollars ; Flood was one of the negotiating parties; was told to “strike while the iron was hot”; obtained live dollars from Flood on account until the matter could be fixed up: ont of the five dollais paid for cniting Murray’s hair, for his shaving and a glass of beer for him; Murray said the witness did not act “ on the square," although he had not promised Murray to divide small sums with him; if he had received a large sum he would have divided; Murray obtained one dollar from Flood; he and Murray went in to a coffee-house; Witness said: ’* This place is only for white peoSle!” when Murray replied: “We are big diggers ’; lurray said to bim that friends ot Nicholls wanted to prove bribery; dead mem could tell no tales, and if he (tne witness) would personate Thomas and vote for Kellogg, the profit would figure up $1,608. The witness said he signed one or two statements and took a quasi oath. Mr. Merrick showed him the affidavit wherein be had sworn that he had personated Thomas. Witness said there was some truth in the affidavit, ‘ judiciously expressed.’’ and he did not think the act involved legal responsibility; was a minister and believed to a certain extent in hell; the moral atmosphere of Wasnington had purified his ideas, and he thought he should m back to New Orleans a reformed man; when the affidavit was prepared the initial ” B’’ of his Christian name was omitted : it was a lid so far as the statement that he personated Thomas was concerned; could .now by the laws of Louisiana that it was not a penal offense to swear to a lie, and had as much right to swear to a lie for money aa the Democrats had to bum his house; had been studying Democratic jurisprudence; the stings of conscience had induced him to swear the other way; had only, in the matter of the affidavit, exercised the right of an American citizen to lie as he pleased. , ... ~ , Robert R. Johnson (colored) said he war a member of the Packard Legislature; never got money for voting for Kellogg, and if Murray said he did, he lied; was only slightly acquainted with Murray, bnt was a better man and lived more riipectably; Murray was a lying loafer; bail had a conversation with himuncc.hecametoWashingtoni Murrayistid ts Kellogg didn.t give witnesp money, he would get him all the money he wanted; witness disclaimed any intention to bull-doze the Committee, hut would like to try conclusions with Murray on the green. With much earnestness witness said he bad never showed Murray any money, and would have nothing more to do with politics, as it was a dog’s life. .... , . , Robert F. Deshard testified that he was Chief Clerk of the Packard Legislature; Thomas aud Beveignts were present at the Joint Convention and voted for Kellogg; produced his minutes to show that seventeen Senators and sixty-six Representatives answered to their names; knew all of them were present, as when he called their names he checked the teaponses and saw them when they voted. * On the 13th, the record of the Louisiana House of Representatives of Jannry, 1877, showing the appointment of a committee to investigate the charge of bribery in procuring the election of Senator Kellogg, and to report on the subject, that according to the testimony taken there was no proof to Sustain the charges, was admitted as evidence, together with the record of the Senate on the dav of his election. A. W. Cornog (called by Mr. Memck) testified that, daring the sesdon of the Packard Lgsislatuie, he and Perry Baker, a member, roomed together; Baker owed bin money, and said he would pav after the election of Kellogg; did pay, and showed a package of money which he said he made ont of the election. Francis A. Clover testified that he was minute clerk of the Joint Convention that elected Kellogg; Thomas and Beveignes voted. • J. J. Johnson testified thatihe had convened with Cornog before he came to Washington; Cornog wanted witness to make ansffirmvrt against Kellogg; said heconld make from S2O) to ssXbfor doing so; witness said he mast have S3omo in hand before be would talk; wanted to find out what kind of a Republican Cornog was. A. J. Dumont, Btate Senator, testified that seventeen Senators and sixty six Representatives were present at the Joint Assembly and voted for Kellogg; Thomas and Beveignes were present amt rated. In reply to Mr. Merrick, the.witness said he came here in behalf oF Kellogg, and was Deputy Collector of New Orleans. No other evidence was offered, and all the witnesses. with the exoeptiop of Richard J, Brooks, were discharged, ,