Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-06-19

popns Guers ,eewn was sssoed 70 Toe dow
cfpor which ne INFUSED 20 answer.
A com m ,esicn WIS ise,sed aud the Governor
refused 60 appear hefsre them. The question
wss argued before the Supreme Court wbeiaer
the afhdayit IN question should BE- proiuc- d,
and the Court (Rreckieridge. T;Ehlmsa and
points, were unanimous thai the paper could
not be prcduced.
The theory of our Government Is that there
are THREE dspa-imen's-ike l"g'staiiye, exec
u'ive, and indIcIary-eseh indepsndest OF the
Other. II caubOt h pos =ihie that rhe executive
should be called before y court and he COM
PEELED 10 disclose what has been done, Is being
done. anu ~ Ia 30 soBp. sl
Judge DIN held that the court could not
compel the Production OF The paper.
Mr.. Bradley took exception 90 u,e ruling Of
the court. T..
The following jurors were sworn: W. n. IL.
Maack, Chas. Il. D-msr. Benjamin r. beers,
james q. Bowen, Andrew Noerr, Addison O.
Davis, w. Knowles Jr. John II. KruhIine.
son, John Saith.
Mr.. Bradley opened the case briefly. recitins
what the prosecution expected to prove and
offered in evidence a deposition OF Hon. C. A.
Dana. =
Mesers. Riddle ana Cook. for the defense.
objected TO the adinissabiIity Of the paper and
after short argument the Court oyerruled
the objection. Ken
Mr. Bradley, ir, proceeded 10 read portions
OF the deposition OF Hon. 4. \. Dana. which
the Court decided could be read 10 the Jury
copy of which appears 10 the pleadings, came
to him, as Assistant Secretary or War, in No.
vember, istli, which he considered 10 be- strict.
ly confidential, and as lar as hsis aware il was
never made public.
MIR. Bradley also rcasI n letter addressed 10
AIR. Ciephsne on the 18th of December, sG.
oy III. senior counsel, as follow:
Let-is Cieyh,0Hr- ESg.-Slr: Mr. Francis Me-
Chan bias lefi with me a -opy of YOUR letter
dated l7th o1 November, lStji. and addrrssed 10
Hon. L. A Dana Assistant Secretary ~ War,
which be, MIR. Mc(ihan considers u severe Ii.
bel upon himself. i understand he has adj
dressed Z letter 10 yen ?sklny for your au-
Ibolity ior the statements contained in that let
ter, aud has not received any response. Under
these CIrcum Instances, a his Attorney. wish 10
inquire upon what authority those statements
were mad, and whether you are responsible
Tor them. They are OF such q nature as 10 re-
qUiTe thu most searching examination, in so
far % they tend to InlUre him IN his bustuess
ana m his credit a. q mau, and his purpose rs
10 have such examination. unless their author
is disclosed ana full explanation and retrac-
ton OF them IS gwen. Very respectfully,
LosErH II. BRADLEY.
10 THIS ID" following reply was made:
CoiLEC1oR.S OFFICE, I. y. IRicradl ReseRue,
Distract 81 COiEa.bid, WCShissGfoR, Decern her
2inh, i-6i.-Dear Ill In reply 10 your note of
the 18th instSEt, allow III. 10 say that conceiy-
ing !. 10 be improper that persons not IN full
sympathy and Cooperation with the national
GoNtrnm' mt IN Its efforts 10 suppress the re-
bellIon-oppoueHis OF the administers ion--
should be engaged by II either as employees or
contractors, or "tuTnIshers or goods, - and hay-
Ing been informed that Mr.. MEG han had by
hIS acts an q words identified himself with this
class, wrote the letter TO which Won refer,
under date of November 18th, l-f;, to Hon a
A. Dana Assistant Secretary OF War. In do
ing 20, also aCted on oshaif of Others without
any personal Iil-wIll Ia Dir. Mctihan, but con-
troilec by the consideration mentioned. III
could CONCEIVE Of any good which could he
accomplished by giving you the names of my
informantS, 1 would DO So
Should MIR. Mciiha institute suit agains;
me then name Will, l presume, be disclosed
and il VIII appear that whether / am correct
or incorrect in my statements relative 10 him
thai did not inyept them, but derived then,
from others. Ii be refrains from sueng tue
same thing will appear npon an examination
OF ne particular charges OF my letter before
the War department.
Your note would have received an earlier
reply but fSr an unprecedented press of busi-
ness Very respectfully yours, &c.
Cen. ID. ". Rucker. Depot Q uarIaImaster, vas
called for the piairtIf, aud testified that Nc
dEan furnished supplies to the Department,
and at the date of The reception of the letter he
believes there was some money due him The
order 10 h!m was 10 suspend business transac-
tons with McGhan.
Cross-examlned by Mr.. Riddle.-witness
thinks that the arrangements were with NY
ers Il Nice han.
Col. James =. Rome-wirness never knew
mr. McGban except officially, before the trans.
action. On the -. OF November. Ie,i, witness
received a copy Of the letter OF Mr. Clephane.
endorsed with an order 10 suspend transac
tons with McGhan. His transactions aver.
there was due him 5000 Witness never showed
any favoritism TO Mr.. Mc(ihan or any one
else. Mctihan was kept out Of his money from
November 10 March 2lst. 1855. On the 18th of
nay following the order was rescinded. Wit.
ness made An examination into the alleged
charges.
Cross-examined by Mr. Radcliffe bids
were made by Myers Il Mc(}han, and the busi-
ness Was in the name OF the firm. The bids
were in writing. and We're made every week
BY Mr.. Bradley There was no sueciaI con.
tract made, bu. bids Were made ard recorded,
and when any material was wanted the book
was referred 10, and the purchases were made
from the lowest bidder. An Investigation was
made, and il was shown ths; in no case was
anything purchased from the firm of Myers r.
mcGban unless they were the lowest bidders
Mr.. Riddle objected that il was shown thai
the transactions were In the name of a firm.
whereas the declaration was the name OF an
individual.
The objection was ovsrruIed.
Col. Moore (recalled) testified that during the
suspension of MT McGhhn, seO,,6 had been
paid for supplies. lie had shown a copy OF
the letter 10 Mr.. CIephane, and read passage
~ him, asking him why be inferred that be
hal shown partiality TO Mr.. McGhan.
BY Mr. Riddlc.-Most of the goods durins
the Suspension We're furnished by Thempson'
Mr.. =. Croriey.-Witness has known Mr.
McGhan several years, and knew that in the
commencement Of the war he Offered 10 raise
an artillery company Witness has seen him
give money 10 the families of volunteers
Dcnfei kcGhan testified 10 the fact that at the
second battle OF Bull Run Mr.. McCihan took
ont relief TO the wounded.
George r. iddms testified that he was one the
parties who raised the flag referred TO, and
MIR. McGban had nothing whatever to do
whit
Henry a. Nogss testified that Mr. McGhan,
with witness and Others, raised a company
for The three months service, but il was not
accepted.
W. II. LOrgles testified that he has known
the plaintiff since the commencement Of the
WAY and had Often conversed with him. He
WAS impres sed THAI Mr.. McGhan was ready
70 do all IN bis power 10 stem the current
The plaintiff closed the case. -