Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-09

Judge Fisher said he had received q note
from James r. Ford. stating that he desired to
explaIn-hts answer snd he had no objection to
allowing he witness to explain.
S~Mr. James X. Ford took the stand, and stated
thai he was always thoroughly loyal man.
and on the side Of the Go sernment. Refused
to state it on the stand when asked, because he
did not understand and did not see The bearing
OF the question on this case.
David II. Bates recalled and examined by
Mr Merrick.
Q.-Have you telegram addressed to Jacob
w. Vanderpoel. frem any official in this city!
Witness-l have telegram addressed to-
MIR. PierrepoiRt Don't read 1t, sir.
The telegram was handed to counsel.
Mr. Pierrepoint objected to reading the same.
Mr.. Merrick said Vanderpoel had testified
that he came here voluntarily and without
being summoned The testimony Of Wander
poel was read, where he stated he came on
without summons after hearing the trial was
in progress.
Judge Fisner.-If there was any question
put to the witness calling his attention to be-
ing summoned by Messrs. Darlington, Pierre
pont, Wilson or Riddle, then yon can contra
dict him.
Mr.. Bradley said it was the right and duty
of counsel to contradict the man II they could.
Judge FIsher.-Well. it is enough to say the
testimony Is not admissible.
Counsel for defense noted an exception
The telegram is as follows: .June 20, 1867.
To B. ". Fdndsrpoel, care of Chauncey Shat.
fer, Attorney at Law, No. 243 broadway, N.
Y. city. Come on Immediately; shall be paid
E. G. DARLINGTON,
U. s. Attorney, ID. c."
Note.-It is understood, in connection with
this telegram. that the District Attorney re-
ceived 8 letter from Vanderpoel stating that
be knew something about the case. and with.
out waiting to get Summons and sending it to
he Marshal Of his District he Immediately
he should be paid the amount allowed by law
"a Aatltwelve o'clock the Court took recess for
half an hour.
On reasseinbling at 12.45 o'clock
Col. s. ". Open was sworn and examined by
Mr.. Merrck.-Witness has resided here about
30 years, and knows John Lee. Has heard
numbers of persons before and since the CON-
truthful man. Witness could not believe him.
and if he was put on his oath in a case where
he was interested witness would hesitate in
believing him.
Cross. examined by Mr.. Pierrepoint.-Wit-
ness would not believe him under oath, and
II ne was on the jury he would net believe
him Conld cot name person who had told
Thos G. Clayton sworn iand examined by
Mr.. Merrick Witness has, prior to last win
ter. been employed as justice of the peace
in the Second ward, and is still in commits.
sion Knew Lee by reputation, and had
neard many speak uilfavorably Of his charac.
ter. Have heard many say that they would
not believe him. II he considered the repu-
tation given him, he could not believe him
under oath.
Cross. examined by Mr.. Pierrepoint-Lee's
character was frequently discussed in wit
ness Office. Remembers that VIM MaRee said
that he would not believe him. Others also
spoke OF his character, but could not name
them with certainty.
Joshua Lloyd sworn and examined by Mr.
Merrlck wv ltness lives on Capitol Hill. Dur.
ing the war was detective at the depot, un-
der Col O'Beirne, Provost Marshal. John
Lee was member Of the force at the time.
Question.-Did not J ohm Lee. after the as
sassinatlon, say at the Kirkwood House that
he did not know Surratt!
Ruled out by the Court.
Witness did not think that there was man
on the force who would believe Lee ON oath.
BY the prosecution. Witness was on the
force with Lee. and had caught him in so many
alsehoods that he reported him to Colonel
O'Beirne. Witness never heard of Lee hay-
missal.
By MT Merrick.-Col. o Beirne subsequent
1y removed Lee on account OF a horse case.
Mr.. PierIepont said that they could not
examine the horse case.
Mr.. Merrick.-Well, Well send for Colonel
o 'Beirne.
Charles KimGou sworn and examined bv
Mr. .Merrick.-Witness ess has resided here all his
life, and has been q constable for fifteen or
twenty years; has heard Lee spoken of very
rough before the trial: has heard Lees charac.
ter spoken OF by people-by some as dNn
rascal. [Laughter.l From what he had heard
should not think his general reputation was
very good; had heard people say that they
Mr.. Pierrepoint objected to this course of
examination.
Mr.. Merrick here read from a3d Howard's
show what the Supreme Court of the United
States holds TO the mode Of conducting an ex.
animation to impeach the character Of a wit.
ness.
Examination resumed. Question by Mr..
Merrick.-What do people generally say as to
the character OF Lee for truth and veracity
Al have heard people speak hard of him.
Heard 1t spoken of since The commencement
nreviOnslV hoarn
sons speak OF It,
Mr.. Darlington said it was apparent that this
witness did not know the general reputation
OF Lee.
Mr.. Bradley urged that If he had heard a
few persons speak OF the chara cter OF Lee and
all in the same direction 1t was admissible.
The Court said that every man must have a
reputation for truth and veraeity, reputa-
ton for the want OF it. or no repu tation at all
Witness-1 have heard but few persons
speak of him before the trial.
Question by MI. Merrick Have YOU heard
his reputation spoken of since the trial
Mr.. Merrick proposed TO follow up this
ques tion by asking whether that opinion is
based on his evidence.
The question was objected to.
The Court said that SO long as he SAT on this
bench he would not allow witness character
to be sanctified or damned by any evidence
given on the stand.
The defense excepted.
Fred. Cdlrert sworn and examined BY Mr..
Merrlck.-Witness knows John Lee and his
char acter Tor truth and veracitv. Lee was
doubted in almost everything he said. Wit
ness was employed under Col O'Beigne. as
was also Lee. Would not believe Lee on oath
ii witness life was at stake.
Gross examined by NJ. Darlington Gould
not believe Lee in his evidence before the
court. Had heard men on the, force discuss
the reputation Of Lee-Lloyd, OCalaghan
and Garigan Heard others also speak or his
character. Had heard those named discuss
his character several timee. Never had anv
difficulty with Lee, Bor ever heard OF
those named making charges against Lee.
Did not know that there was any con test be-
tween the persons on the force Lee was con.
and be aided in obtaining evidence as 20 the
assassins WhneEH* was At the Kirkwood
House as a clerk, taking statements ana track
secessionists. Coulo not say WbeLher or not
he donb bted the statement made by Lee; it was
not his province 10 act on tins statement. Wit
less was not an offlc in the detective ser.
vice; was clerk 10 Col. O'Beirne; never
saw ths prisoner before to-day; was sum-
moned about noon to. day.
Col James Il. O'Reirae sworn, and examined
by Mr.. MerrIck.-Was an officer in the army
during the war, and is now Register OF Wills.
Was pro vost marshal. and had charge OF the
enrolment from January. 1865, to about J@ly.
J John Lee was witness chief detective. Was
engaged in detecting the assassins, having been
so directed by the Secretary Of War.
Q.-Did you not not discharge John Leo
from the service?
OBJECTED to, and objection sustained
Odd he resign
Ale was discharged from the service Of
the Government by me.
Q.-For what?
Ruied'oat
Knows that his reputation tor truth ana
veracify among the men by whom he was
hno A