The New York herald., 1867-03-27


twelve O'Clock. The yeas and nays demanded and
1t was adopted-yeas q, nays IT.
EXECUTIVE SESSION
The Senate then at twenty minutes 10 six p. NJ went
into executive session, and soon after adjourned
HOUSE OF REPRESENTATIVES,.
WASHINGTON, March &C. 1867.
THE HARPERs YsRRY PROPERTY.
Mr.. THOMAS, (rep) of Nd, offered resolution declar
ing to be desirable that the public property Harpers
Ferry formerly used armory, be turned to useful
account and directing the Attorney General or the
United States to the title papers concerning the
property, and report his opinion to whether the title
OF the United States in simple is merely held
in trust by the President for specific Adopted
CONTROVERSY BETWEEN MEssRs. BUTLER
THE TRIAL OF THE ASSASSINATION coNsPRAToRs AGAIN VEN
rIATED.
Mr. BUTLER trep) OF Mass, asked and obtained
unanimous consent to make personal explanation the
time being limited to fifteen minutes. He stated THAI he
had caused to be placed on the desk Of each member
sonal discussion With himself, showing in parallel
columns the speech appeared in the manuscript
the reporters and the speech as published in the te
The speech written contained i've hundred and eighty
nine words as printed 1t contained one thousand and
there were two hundred and cightytwo erasures and
alterations. He CMr. Butler) had understood the
rule to be that in personal debate mem
Der had no right TO mako any changes unless
they submitted to the member affected by them.
That rule had been violated this In the matter
thus interpolated was this sentcnce 'sWhat the
gentleman tneanng MI. Buter) know OF the evidence
the case, and what does he for the evidence
wnen he thus assails the official conduct of those
who constituted the court2n He Mr. Butler) would
the evidence which be had made the other day
the statement that Mrs. Surratt improperly con-
vcted He held In his hand the printed report OF the
trial. and had examined it with great care, because
sporadic thought OF his. II the result of
careful anxious investigation for another and different
purposc-to who were in the real conspiracy. The
gentleman (Air Bingham) had said that he the Ad
vocate Of the United States on that trial That
great mistake He the special Judge Advocate whose
solemn duty It protect the rights OF prisoner
well those Of the United States, and 70 up the
svidsnce within the sensman's tMr bingham 's kno~I
edge which he had not produced that most momen
tous trial When Booth was captured BY Lieutenant
Colonel Conger thers was said Mr.. Butler taken from
his pocket diary like the oue now hold in my hand
(holding up smaf covered pocket diary) 10
thoughts his "os,Sss and his EXCUSES ~ rSs. diary diary .:s
put into the possession OF the Rovernment but was
not laid before the Military Commission, although the
tobacco pipe spur knife and other articles found
his person. The diary was not produced. That diary
say here that did not obtain my Information from that
committees with the eighteen pages OF entries made In
absent rne edges show that these pages werean cut
out. What want 10 know 10 this:-Firss. was that
diary whole % wnsa .SssSsr Ss%s INTO ,ns bands q ns
the part Of those who prosecuting the asassns Of
Abraham Lincoln 70 pus ~ tobacco pipe feusd in
Booths pocket evidence against the prisoners while
the diary in Booths own handwriting detailing
al tho particulars Of his crime, withheld
Il
sat ON that with any wrong They did the
diary. They did not know OF i1 existence II they had
they might nave gwen enerSn w account o. me INA matter,
dencef Who caused that innocent be hanged,
while he had ,n his pocket tho diary which would have
shown at least what the idea and what the
thoughts Of the main copspiratorY There Is still remain
ing in that diary memorable instance, written bura
few hours before J. Wilkes Booths death quote from
memory s have endeavore TO cross the Potomac FIVE
times and failed propose TO return to Washington and
give myself up and clear myself from this crime"
~Ioa n0 ptpph nnCnlf andA
Ing his accomplices VINO were theyY who spoliaicd
that book after IL got into the possession Of tho
Colonel Conger allowed TO go on and state what had
been found on Booths body The questions
fully put to him. he should tell about the book
He Identifies the knife, pair of pistols, holster, To-
bacco pipe CARTRIDGES, bill OF exchange, &C but he
was nowhere asked, "were these all the articles
that found on Boothfn n he had been
asked that question he would have answered
that he had taken Booths diary from his pocket he
lay gaspng in death. do not know what would have
the verdict OF the military commission II that
dence had been produced. That evidence found the
person Of Booth should have been produced under.
stand the theory be that the reason II pro-
duced lest Booths giorncaton OF himself should 20
into the case. think that . most lame excuse IT
ass can so'y M S% 40 80 sS as,s
most remarkable circumstance that q piece Of cv
dence found ON tho body Of the :, great con.
beck. mean that IL not pat forward-not brought
before the great public mind believe that
piece Of evidsncc would have shown what IN my judg
ment tns whole shoss-lhat Booth, up 70
csrtain hour, meant a capture and abduction OF Mr.
Lincoln, and that he changed his purpose and resorted
to ASSASSINATION MrS Surait may may not have
known OF the change OF purpose What find fault
with in the judge Advocate who did mp for the
mind Of the Court in mis- very able, but very bitter
argument against the prisoner Of this change Of purpose
II Mrs. surrat did not kno. Of this change she would
and therefore could not have been convicted These
the why say that am glad the blood Of that
woman, whether she we're innocent or guilty s not on
my hands mean by no intsntmeni TO say word
against the officers who composed that commission
They wsre neu who relied for the law upon the Judge
Advocate, Who thought they had all the facts before
them, but before whom all the facts put. I do
TO that they Judged wrongly under the light
which they had. The point which j make and The
point which should stand made before the country
10 that all the testimony not before that tribunal
been able 70 pursue the accompccs and 10 nd on, VINO
10 was that changed Booths purpose from capture TO
sssassinaiion-who IL was that was 70 profit by the
assassination, and who II that would profit by
the capture or Mr.. Lncon-who 1t that should
ceed Mr.. Lincoln in cage the bullet made vacancy In
some aspects OF the case that diary might have
legal testimony, but It's moral evidence would have
carried conviction 10 the mind Of everybody because
was the dying declaration q man assassin though he
aud God How was Booth, by coming back
to Washington, going TO clear himself Of the
Were the eighteen pages Of Booths diary gone when il
came the possession OF tho learned Judge Advo.
cate II so, why did hc not INQUIRE what became Of
them--whether Lieutenant Colonel Conger rave the
book 10 somebody, whether IL went from his hands in
other hands, and whose knife IL tba, cut out those
leavesf should not have pursued this matter further
except that the gentleman tMr Bngham) charged mo
with having made tho assertion did without exam
nation Of the evidence He has chosen 10 bring the
matter here, not and desire that In somo form
this matter may be fully and thoroughly investigated
Here the fall Of the hammer Indicated termination
OF tho fifteen minutes allowed 10 Mr. Butler propo-
ston for an extension q timo was made. but Messrs
VAN wycE, trspI OF N T., and BaoonAII (repl Of Pa
objected.
Mr. B.KeHux, rsp.) Of Ohio asked leave 70 reply 70
Mr. Butler. Al sA
Mr. BHoonArL inquired the length Of time he de-
sired -
Mr. Bryonax said he only wanted tbs same time that
was given W his assailant and accueer
The Housr granted him nfteen nsinutes
Mr. BssoBAn commenced BY calling Mr. Butler for
the book.
Mr. BursR, holding up the report Of the assassination
trials, asked " that was the book
Mr.. BiSeHAn--No, sir moan the diary.
Mr.. BuTtsR-Ohl the gentleman cannot have that
Mr.. BxoHAN supposed that Mr.. Butt = had Boo.h's
Diary, while he only had which he said looked like