The New York herald., 1868-05-30

any opportunity to explain except on two or three
occasions when such privilege was ex.
the morning OF wednesday, the 27th, Wit
ness sent written request to the Managers
his testimony and copy OF the report Of the Nam
ayers, that ne might compare them and see whether
from the mistake OF the stenographer who took
down the testimony or the Manager by whom the re,
Pare a % coey o s ~as epor Of the 1
refused TO allow him to see hts evidence, and re-
qured him to go on and testify. The witness thepFe.
to send for his counsel, with whom ne might con-
suit. Mr.. Butler thereupon moved that the witness
motion was submitted and adopted. they then
put 70 witness the following qgestion:-pd you send
York:-.My business is adjusted. Place ten to my
credit to-day with Gills, Harney Co.. No. "A Broad
rsna, Answer, signed HooperSn TO this witness
repned;-This Is private and confidential cOmmu-
hication passing between counsel and client. 1t
mas reference to business in that relation and to
no.ning my else and had no reference whatever to the
tral OF the President to the articles of impeach-
ment proIered against him, nor to the conduct or
nor any alusion thereto whatever. They injured
IL that all the witness had 10 reply to the oues
his answer not sufncentiy explicit and full that
he might be taken to the bar OF the House to receive
its orders In the premises.
The following question was then proposed to wit
ness:-"Dld you send telegram to Sheridan shook,
ga ead ne T he ei as nye
witness gave the reply which Is set forth In full
to the first question above quoted repeating the
quest thus made to be subjected to the Instructions
OF the House.
General BUTLER thereupon remarked that he would
fnement until The 4tk Of March, 1869, and witness
was thereupOn recCmmitted to the custody OF the
Sergeant-at-Arms
Witness considers that he cannot divulge matters
that come to him under the protection and sanction
OF the relation OF client and counsel and II he should
make such disclosures under any circumstances
they can be made only when demanded by c0mpe-
tent authority which possesses the power to punish
for refusal to disclose. wheu the authority which
can punish for refusal to disclose requires it to be
done at the peril OF mourning penalty, the dis
ness is protected. The committee cannot ,,punish,
and It is their duty, on an issue between them and
witness to submit the matter to the House and let
Mr.. Wooley, IN his protest fled with the commit
tee on the 2lst inst, explicitly states az oliows'
"But in thus presenting this constitutional shield
against vague and general and unsupported inqui
rles your petitioner intends no disrespect to the
ders himself ready and willing to comply with any
resolution or order that may be passed by the House
time &c humbIy prays that his protest and refusal
may be presented to the House,"
This was not presented to the House by the Mama
gers still ii should have formed part OF the report.
They report that he is guilty of contumacys
and asked his arrest on the charge. Of con-
right to have submitted to the House. The
paper is now before the House., and ia
Wooey is pressing, as far as he can statement Of
some particulars regarding his testimony as reported
by the Managers SO that very small part OF It sd
by him. will only refer to one instance Mr.. Butt
ler in his report says Mr.. Wooey testified that ne
had obtained the appointment OF an assessor In Cin
cnnati from the President. He testified to no such
thing. His testimony that the appointment was
he believed the President was aware that he wanted
the appointment made. Mr. Buffers object IN thla
meet Mr.. Wooley with the President and thus per.
verts his answer to accomplish his purpose.