"Abstract of votes cast at an election held in Pulaski County on Tuesday, the 8th day of Norember, A. D. 1870, for Representative in the Congress of the United States from the third Congressional district of Arkansas:

*In this precinct there were 41 votes polled, but the returns do not show whom for.

"STATE OF ARKANSAS, County of Pulaski:

G. W. MCDIARMID, Clerk County Court Pulaski County.

"I, George W. McDiarmid, clerk of the county court for the county aforesaid, do hereby certify that the above is a true copy of the abstract of votes cast for Representative in Congress for the third Congressional district of Arkansas at an election held in said county on the 8th day of November, A. D. 1870.

"Witness my hand and official seal this 11th day of November, A. D. 1870. [SEAL.] "G. W. MCDIARMID, "Clerk County Court of Pulaski County.

"Abstract of statement of votes received at my office purporting to be election returns of the 8th of November, 1870, but the same not appearing in the county poll-books, and returns from the same precincts on the county poll-books having been filed in my office, these were not included in the abstract of election returns.

"STATE OF ARKANSAS, County of Pulaski:

"I, George W. McDiarmid, clerk of the county court, do hereby certify that the above is a true copy of the abstract of votes given for Congressmen in the manner therein stated. "Witness my hand and official seal this 1st day of December, A. D. 1870.

"G. W. MCDIARMID, "Clerk County Court, Pulaski County.

"Abstract of votes given for Representative of the State of Arkansas in the Congress of the United States, in Richwoods precinct, at an election held therein on the Tuesday after the first Monday in November, A. D. 1870, the returns therefrom not being received in time to be mbodied in the abstract already made and filed:

Thomas Boles..

John Edwards

"Witness my hand this 1st day of December, A. D. 1870.

"STATE OF ARKANSAS, County of Pulaski:

"G. W. MCDIARMID, "Clerk County Court, Pulaski County.

330

10

"I, George W. McDiarmid, clerk of the county court for the county aforesaid, do hereby [certify] that the above is a correct abstract of the votes given for Representative in Congress at an election held in said precinct on the 8th day of November, 1870.

66

Witness my hand and official seal this 1st day of December, A. D. 1870. [SEAL.]

"G. W. MCDIARMID, "Clerk County Court of Pulaski County.

"OFFICE SECRETARY OF STATE, ARKANSAS,

"Little Rock, July 1, A. D. 1871.

"I, James M. Johnson, secretary of state of Arkansas, do certify that the foregoing sheets, marked One,' 'Two,' and 'Three,' respectively, are true and correct copies of the returns made to this office by the clerk of Pulaski County of the votes for Congressman from the third Congressional district, Arkansas, at the election of November 8, 1870.

"In testimony whereof I have hereunto set my hand and official seal, at Little Rock, Arkansas, this 30th day of June, A. D. 1871.

[SEAL.]

"J. M. JOHNSON, 'Secretary of State, Arkansas.

"Office of SECRETARY OF STATE, ARKANSAS.

"I, J. M. Johnson, secretary of state, Arkansas, certify that the above table exhibits a correct abstract of the returns of the election for Congressmen in the third Congressional district of Arkansas, held November 8, 1870, as made to this office by the clerks of the several counties composing said district, except the county of Pulaski, which is omitted from above table.

"Witness my hand and seal of office, at Little Rock, this 30th day of June, A. D. 1871. [SEAL.] "J. M. JOHNSON, "Secretary of State."

The WITNESS. I have added up these returns in four different ways.

The CHAIRMAN. Do you desire, General Blair, to go here into the question of who was actually elected, or do you wish simply to inquire whether the law was violated by Governor Clayton ?

Mr. BLAIR. I just want to understand the position of the question upon which the gov ernor acted.

The WITNESS. I wish to show, if the committee please, that, in any state of the case, Boles was elected according to these returns.

The CHAIRMAN. That is not the question before us, but whether the law of the State has been executed. The question of election is one for the House of Representatives to deter. mine. I only inquired of General Blair if he desired to go into a full examination of this contested election.

Mr. BLAIR. I want the witness, in the first place, to state the facts upon which the indictment was found. Then I want him to testify as to the action of Governor Clayton and the President upon those facts, and then I shall ask him some other questions bearing upon the subject. I think that the precise state of facts under which Governor Clayton gave this certificate to General Edwards is one that it is important for us to ascertain. That is what I want to get at now.

The CHAIRMAN. If that involves the question as to who was actually elected, I think it is outside of our duty.

Mr. BLAIR. It involves the question of who was elected on these returns, because that is involved in the question of whether Governor Clayton was criminal in giving this certifi cate. The other man might well be elected, and Clayton have been criminal in giving him the certificate, if the returns in the office gave the election to Boles. Although he might have known of his own knowledge that Edwards was elected, he is criminal in giving the certificate against the returns. We are inquiring into the execution of the law, and I want to see if the President himself has not violated the spirit of the law in removing these offi

cers.

The CHAIRMAN. That does not render it necessary for this committee to determine whether Mr. Boles or Mr. Edwards was elected.

Mr. BLAIR. I do not want to get at who was actually elected, but who was elected according to the returns in the office of the secretary of state, and by the record that he made and presented to the governor for his action.

The CHAIRMAN. The witness has presented here an abstract of the vote.

Mr. POOL. Why not have the facts stated upon which the grand jury acted? As we have already gone into the transactions before that grand jury, if these things appeared before the grand jury, and upon them they found the bill, they might be received as testimony

here.

The CHAIRMAN. I understand that the returns, of which the witness has produced here a certified copy, is what was before the grand jury, produced by the secretary of state.

The WITNESS. Yes, sir; I thought some little explanation of the returns was necessary, as there are three of them.

Mr. BLAIR. That is what I want.

By the CHAIRMAN:

Q. Was the explanation given to the grand jury which you propose now to give this committee?-A. Yes, sir.

Q. By whom was it given?-A. By Major Strong, deputy secretary of state.

Q. Then go on with the explanation.-A. There are four ways of counting the returns: one, by throwing out all the votes at the double polls; another, by counting all the votes at all the polls: another, by counting only the votes at the Boles polls; and another, by counting only the votes at the Edwards polls. If you count only the votes at the Boles polls, as they appear upon this first return, then Boles was elected by 2,131 votes. If you throw out the votes at both polls in those three precincts, he is still elected by 1,343 votes. If you count only the votes at the Edwards polls in those three precincts, and throw out the votes at the Boles polls, which is the most unfavorable way of counting for Boles, then he was elected by 922 votes. If you count all the votes at both polls, he was elected by 1,710 votes, as appears by these returns. Now, the secretary of state testifies that these results were shown on this examination when the governor was present, which examination took place about the first of December last; but no returns were questioned at all.

By Mr. POOL:

Q. And that appeared before the grand jury in just that way?—A. That appeared before the grand jury in just that way.

By Mr. BLAIR:

Q. I understand you to say that there is no way in which these returns can be counted by the canvassing officer that does not elect Mr. Boles?-A. That is what I understand, and that is what the witnesses testified before the grand jury; the deputy secretary of state so testified. Now, Governor Clayton, on the 20th February following, issued a certificate, of which I have a copy, and a copy of which I understand has been laid before this committee. Would you like me to read the section of the enforcement act which it is claimed that Governor Clayton has violated?

Q. Yes; read it.-A. It is the twenty-second section, as follows:

"SEC. 22. And be it further enacted, That any officer of any election at which any Representative or Delegate in the Congress of the United States shall be voted for, whether such officer be appointed by or under any law or authority of the United States, or by or under any State, Territorial, district, or municipal law or authority, who shall neglect or refuse to perform any duty in regard to such election required of him by any law of the United States, or of any State or Territory thereof; or violate any duty so imposed, or knowingly do any act thereby unauthorized, with intent to affect any such election, or the result thereof; or fraudulently make any false certificate of the result of such election in regard to such Representative or Delegate; or withhold, conceal, or destroy any certificate of record so required by law; or aid, counsel, procure, or advise any voter, person, or officer to do any act by this or any of the preceding sections made a crime; or to omit to do any duty, the omission of which is by this or any of said sections made a crime, or attempt to do so, shall be deemed guilty of a crime, and shall be liable to prosecution and punishment therefor, as provided in the nineteenth section of this act for persons guilty of any of the crimes therein specified." As the grand jury was then in session, the case was brought immediately before them, according to the practice in Arkansas in the State and national courts.

Q. How was the grand jury composed? There have been allegations that the grand jury was packed, in order to accomplish the result of this indictment.-A. I am entirely satisfied that there is not a word of truth in that. The grand jury were selected by commissioners appointed by the court, for the first time in the history of the court, I believe. Heretofore the marshal has always had the sole work of selecting the jury. There were three commissioners, and each of the three commissioners furnished a list of fifty names, and from the one hundred and fifty names thus furnished the selection of jurors was made. I have had official connection with six grand juries while in office as district attorney, and I think this was as competent a grand jury, as honest and efficient, as any I have ever had anything to do with. Judge Caldwell has so stated; has stated so often. He gave a number of the grand jurors, some twelve, I believe, who waited upon him at one time, a card to that effect, of which I understand you have a copy.

Q. Is this Judge Caldwell regarded as a friend of Governor Clayton? I believe he appoints the commissioners to select the grand jury?-A. Yes, sir. He is now considered a Clayton man, since he has done what he has done in connection with these things.

Q. You have spoken of a conversation which you had with Judge Clayton, and of some letter which he wrote to Governor Clayton withdrawing certain assurances he had previously given? A. Yes, sir.

Q. What were those assurances ?-A. All that I know about it is what Judge Caldwell told me. He said he had assured Governor Clayton that I was friendly toward him, and would do nothing unfairly against him. That is what Judge Caldwell stated to me as what he referred to by

66 assurances.

Q. When did he give those assurances, and under what circumstances did he give them ?— A. He said he had given them to Governor Clayton, in Little Rock, at various times. He said he had met Governor Clayton on the street several times; that Governor Clayton had been at his house and had interviews with him when the matter of my probable conduct was discussed.

Q. Was Governor Clayton anticipating anything of this kind?-A. That, of course, I do not know.

Q. What did Judge Caldwell say about that?-A. He did not state that he understood that Governor Clayton was anticipating any prosecution; at least he did not so state to me. Q. He did not?-A. No, sir.

Q. Why was he called upon to give any assurances in reference to your conduct?-A. I am not able to answer that question.

Q. You say the judge is regarded as a friend of Governor Clayton ?-A. Yes, sir; he is now so considered very generally in the State.

Q. The gentlemen appointed in your place and in place of the marshal of the district were appointed upon the recommendation of Governor Clayton ?-A. It is so understood.

Q. Upon your suspension you came on here and saw the President, did you not, you and Marshal Catterson ?-A. Yes, sir.

Q. Did you lay all these facts before the President?-A. Yes, sir: we laid them before

the Attorney-General in the first instance, in the form of affidavits. Afterward we called upon the President, at Long Branch, and stated the case to him and referred him to the affidavits on file in the Attorney-General's Office. He assured us he would investigate the case, but said he would take no final action until his return to Washington.

Q. Did the President say he had suspended you from office on account of representations to him by Governor Clayton ?-A. He said he had done it on account of the letter which Judge Caldwell had written to Governor Clayton, and which Governor Clayton had shown to him.

Q. The President is now in possession of all the facts in this case ?-A. Yes, sir.

Q. Through the affidavits filed by yourself and Marshal Catterson?-A. Yes, sir; and a numbe of otherr affidavits.

Q. He knows precisely the grounds upon which Governor Clayton asked your removal from office?-A. Yes, sir; they were fully stated to him at our interview with him, and he was referred to the documents in the Attorney-General's Office.

Q. Was that letter of Judge Caldwell written on account of this indictment?-A. Yes, sir: it was so stated to me and to General Catterson by Judge Caldwell.

Q. Is Judge Caldwell familiar with all the facts? Does he know all the testimony in this case which was brought before the grand jury ?-A. Yes, sir, he does.

Q. And upon that state of facts he wrote the letter which the President says caused your suspension ?-A. Yes, sir. I am not aware that he was familiar with all the facts at the time he wrote the letter. I am not aware that he knew at that time what proof had been brought before the grand jury. But he knows now the state of facts and the law upon which the indictment was found.

Q. And the present acting district attorney and marshal were appointed at the solicitation of Governor Clayton ?-A. Yes, sir.

Q. With that state of facts, with the judge and the officers of the court interested in supporting Clayton, do you think there is any possibility of his being convicted ?-A. I should not like to express an opinion upon that point. The officers who have been appointed in place of General Catterson and myself are understood to be personal and political friends of Governor Clayton; are so generally understood. Governor Clayton's present organ, the Little Rock Republican, claims them as such. Major Harrington was on General Clayton's staff during the war; was known to be very intimate with him. Col. John A. Williams, a prominent lawyer and republican leader, of Pine Bluff, Ark., made an affidavit, which is on file with the Attorney-General, stating that the relations of Major Harrington to General Clayton at that time were peculiarly intimate. He uses very strong language in the affidavit, and says that Harrington is understood to be Clayton's serviceable tool.

Q. Well, sir, what is the general opinion in the State as to the result of this trial under present circumstances?-A. I think the people very generally have lost confidence in having a fair trial of the case. They understand that these changes were made because of that indictment, and for the purpose of defeating a conviction under it. That is a very general impression with the people of the State.

Q. Now, if the marshal and district attorney and the judge are inclined to do so, can they pack the jury in this case?—A. They have the same facilities that such officers have every where.

Q. They have the selection of the jury commissioners, have they not?-A. Yes, sir; the judge appoints the commissioners, one of whom is usually the marshal himself.

Q. And the commissioners select every juryman that is called?—A. Yes, sir; grand and petit.

Q. And make the panel?-A. Yes, sir.

Q. It was testified here on Saturday by Mr. Wheeler, the foreman of the grand jury, that immediately after the finding of this indictment the grand jury were discharged?—A. Yes, sir.

Q. Was it on account of the finding of this indictment that that grand jury were discharged -A. That is the very general belief. I have reason to believe so, and do believe 80.

Q. What are your reasons for so believing?-A. Because of Judge Caldwell's sudden change of front after the Clayton case was presented to the grand jury. Those election frauds that were perpetrated at the general election of November last excited a great deal of feeling and indignation throughout the State. When I returned to Little Rock, about the 1st of January-I was absent for two months previous, and at the time of the election-soon after I returned, Judge Caldwell called my particular attention to these election frauds, and urged me to prosecute them with all vigor. He advised me to commence the preliminary investigations before the commissioners in the cases of the principal parties connected with the frauds, and, among others, against Dwight P. Belden, who manipulated the frauds in Hot Springs County. I did so, and had the parties arrested and held to bail, they waiving au examination. Shortly before the April term of the court Judge Caldwell said to me, in the presence of several persons, that if he were in my place he would secure a thousand indictments for these election frauds at the coming term. He directed General Catterson, who was proposing to go down in the southern part of the State, to obtain from me blank subpœnas, and to subpoena every person that he saw who was connected with the election