The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-10
Trial Of President Andrew johnson for
High Crimes and MiSdemeanorS.
Close of the Testimony for the
Prosecution.
Argument of Mr.. Curtis for the
Defence.

Saturday The usual crowd filed the galleries, and
more than the usual representation from the House
was conspicuous on the floor. or course, the great
attraction was the change In the performance from
he side OF the prosecution to that Of the defence.
The speech Of Judge Curtis to-day-or rather the
nrst part OF 1t, for he has scarcely warmed up yet
produced marked effect. 1t furnished the ablest
answer to the impeachers yet presented was listened
to with profound attention and was spoken of
highly by everybody. Some OF the points
made by Judge Curtis are regarded as I'M
answerable, and even fatal to the whole
prosecution. His exposition of the objects of the
trainers Of the Tenure Of ONCE BILL and of the mean
ing given to 1t before its passage by members OF the
conference committee particularly in the speeches
OF Messrs. Sherman and Schenck OF Ohio, were
looked upon as establishing fully the fact that Mr..
Stanton's case doesNot come under the Tenure of
ONCE act at all. If, Judge Curtis says, Congress
was represented rightly by Schenck and Sherman
when they declared it was only intended that Cabi-
net officers should be continued in power during
the term Of service OF the President by whom they
were appointed" how the High Court entertain
for moment the idea that the President has violated
the law and constitutions Judge Curtis will
clude his argument tomorrow, and probably occupy
the whole day.
condition of quasi rebellion exists on the part OF
the Board of Managers towards the Senate this
evening" During the discussion OF the rules for the
government of the High Court 1t will be remem-
bered the Senate had exceedingly high time over
the twentyf rule In reference to the number Of
persons to be allowed to participate in the argument
The rule as finally adopted allowed only two persons
on each side to take part in the Enlargement with
aproviso, "unless otherwise ordered by the Senate
upon application for that purpose" Some objection
was then raised by the Board Of Managers to the
sringency OF this rule, and 1t was very generally
understood that the Senate would suspend this
obnoxious feature In order to allow speeches to
be delivered. Under this impression the Board of
Managers have been busily engaged for the past
days In getting up elaborate speeches, which, as a
matter of courtesy at least 1t thought the Sem
ate would allow to be spoken. To-day, however, IN
canvass Of majority of the Senate, it was dis
covered that those who were in favor Of giving all
the Managers an opportunity to spread themselves
are now opposed to making any concessions what
ever, and declare they will enforce the twenty first
rule The Managers are greatly exercised at this
new development, and cite the cases or Chase and
Peck both tried by the Senate to show that the rule
In each instance allowed the full number to speak, In
the case OF Chase there were eleven speeches made,
and in that Of Peck eight Therefore, is argued how
much more important is it in great trial like that
OF the President Of the United States that all the
Managers should have an opportunity to say some
thing.
Notwithstanding the differences which have been
drawn from conversations with the Senators to-day
the Managers intend tomorrow II an occasion Offers
to ask permission to allow more Of their number to
speak. II the Senate refuses to accede to this re-
quest some lively scenes are expected. Among the
rest Old Thad has been quite busy for days in
putting his ideas upon paper, and it ia said, became
excessively rampant when informed that there was
Q prospect Of his being ruled out.
tU,.ox N farv n<o~n xrst
ness than is generally supposed provided he gets
chance to unbosom himself about General Butler and
his peculiar ways. Butler, 1t will be remembered,
characterized Thomas traitor in his speech last
Monday week; but Thomas by reference to his
memory recollects that Butler used the same phrase
towards him some years ago In personal difficulty
which occurred between them which is thus related.
At the breaking out of the war three commissions
were Issued to Generals Banks, Dix and Butler, bear
ing date May l6 1861. difficulty arose to which
one Of these officers ranked the other. Presi-
dent Lincoln, 1t seems wrote on slip Of paper
the above names in the order they appear,
leaving Butler last, and Of course outranked by
the other two When Butler learned this he repaired
to the War Department and raised great commo-
ton contending that he had put his troops in the
ned before the others he entitled to seniority OF
rank. Thomas, who was Adjutant General at the
time, fell in his way, and was taken to task for
placing the martial trio in the order they have been
given. ''There has been some stunning going on in
your department and you are a traitor" exclaimed
the highly innamed hero Of many unfought fields.
General Thomas, with his usual calm expression,
surveyed Buffers agitated form and measuredly
responded, "you're liar" lively scene ensued.
Butler doubled his digts and placed both his hands
lnconveniently close to Thomas nose, while the
Secretary Of War and group Of amazed spectators
looked wonderngly on. Thomas reiterated his
victton OF Buffers veracity and the latter, who
never cares to encounter determined opposition,
dropped his threatening attitude and ingloriousv
retired. Time rolled and Butler 1ourished in the
pages Of current history the hero Of New Orleans.
One day President Lincoln came TO the wise con-
cusion to relieve him from duty down there. The
order to this effect was known to nobody but the
General himself. citizen OF New Orleans, how
ever, received the news through some unoffical
channel, and the fact coming to Buffers ears he
ordered him to appear in his presence and state
from what source he procured the Information.
This the citizen refused TO do, whercupon,
IL II said, the General ordered q sergeant
and squad OF men to take the contumacious rebel
out and have him shot Immediately. 1t is to be pre-
sumed this was merely ordered for the object OF
extorting q confession II succeeded, however. and
the citizen told the story that the OF Buffers
removal came direct from Jen Davis. whereupon
Butlcr INTO TcneCttvc attltatue ana
exclaimed None but the President the Secretary OF
war and the Adlutsnt General could have Known
fhis-the two first would not have told 1t, but that
fellow Thomas communicated II to Jefr Davis.n And
thus IL disclosed the anirnus Of Butler to Thomas.
It Is told OF Ben Wade to-day that he sat for some
time listening very attenfvely to Judge Curtis until
the latter In the course OF his argument happened
90 mention, by way Of analogy the word sovereign"
whereupon Ord Ben got up and said when they came
90 talk about soveregns or kings 1t time for him
60 20 and take smoke.
1t v thought that when the impeachment CAGE is
nnally closed by the prosecution the Senate will re-
tire for consultation to determine whether, II yer.
dict OF guilty Is to be rendered, the penalty dsqua-
flying the accused from holdne any ONCE OF trust or
emoument under the government viii be attached
On Tho senience