The New York herald., 1868-04-02

court In conformity with the rules Of law and Of ey
dence That being gained, It is soIeinniy argued
made you cs cdn s ss%
I rule, introduce declarations made thereto; fol
the ass%sn' q ss evidences sS tas
SO ar as the statements OF the learned Manager re-
General Thomas 1t Is sunicient for me to say that
notone particle Of evidence has been given In this
& sPaced oSer those %an
@ taose revings are Just they are not justified by
Of fact, applicable to the situation on which
formsp fa1s proof Is sought to be introduced the
restoration to the active duties of Adutant General
al are perlnent let them be proved and then we have
relations to the War Department and to Mr.. Stanton
and to the oiice OF Adjutant General. And now,
pointed ont to this honorable court that the
efal Thomas to afect the President are confessedy
OF period anteccdent to the date at which any eyi-
dence whatever Is before this court, bringing the
PRESIDENT and General Thomas In connection, might
leave 1t safely there. But what is there in the
nature oi the general proof sought to be introduced
which should affect 1.-The President OF the United
States with any responsibility for these general and
! vague statements o an officer Of what he might
could or would do IL thereafter he should into
possession OF the War Department?
| MI. BINGHAM rose and said:-Mr President, de-
sire TO say a word or two In reply to the counsel.
am willing to concede that what may have been said
by General Thomas before the transaction is not adj
missble That is, however, subject to the exception
tnar the Senate being the triers OF the facts as well
as OF the law, may allow declarations of this sort
to be proved Is there any doubt that we are per-
mtted to show that some arrangement was en-
tered into between these parties, or, if you
please that u voluntary act was committed
by General Thomas in order to commend
rule is laid down Roscoe page 70, that the acts and
declarations of other persons in the conspiracy may
admit that If II was 80 remote in probability
to connect itself with the transaction it ought not to
be received The testimony in this case indicates a
purpose on the part or Thomas to make his arrange
msnts T Glt VINE emPloyes Of the the War Department
on ntanf dot,N bce
for the introduction OF this testimony, there having
been no evidence as to the existence Of conspiracy
prior TO the time to which the question relates.
WIN put the question to the Senate II any Senator
Mr.. BUTLER rose and said that he was about to
ask the Senate II would not relax the rule so as to
when they have question: which fa hePse hey
deem OF consequence to their case have the ques
ton put to the Senate on motion Of the House OF
The Secretary read BY direction Of the Chief
question to the Senate whether that should
be allowed to be proposed to the witness. The vote
was taken, and it resulted as follows- A
YrAs-Messrs Anthony, Cameron Ca,tel Chandler, Cole
e sss
sun Sf a pcs %ss Fsss wRH
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was continued.
Mr.. BUTLER, however, modified his question as
Q. We're you oupresent at the War Department on the
occasion referred tor A. l was.
officers and clerks, either OF them, belong
ing n1ers to the w War s,o ONCE as to the rules and
he .uhomas) would revoke, relax or rescnd
IN he iaSer sSt cn,r ., ne government employees when
state what that conversation was as nearly as
you can A. Soon after General Thomas was restored
nad occasion to go to his once to transact some
him to to take short walk with me. (Laughter.)
Y when was thats A. Soon after General Thomas |
restoration To the office or Adutant General.
O. how long before the time when he was an. |
pointed Secretary OF War ad tnter1na A. I should |
means OF knowing definitely; he remarked TO me |
Nj EvARTs interrupted the witness, ana said that
relate statements by General Thomas at the War
once 70 clerks OF the department. but that the wit
| place between himself and General Thomas.
The witness, however, was allowed to proceed and
py him that he had made arrangements for ali the
heads Of divisions in the once 10 step in that
Ing a. he wanted 10 address them; he stated that
the rules that had been adopted for the government
OF the clerks by his predecessor OF very arb-
trary character, and that he disposed 10 relax:
| suggested to him that perhaps had better 20 out;
he said Not at at ALL remains" sat down and four
or i've ofricers brought their clerks into his onice
and he made an address TO each company as they
came in stating 70 them that he did not propose to
mold them strictly TO the letter Of their insructions
that when they wanted to go they should go out
| and that when they wanted TO come In they should
tlemen who would do their duty; ! waited iii he
completed the thing, and then we took walk; told
tne general Una, thought he would make very fine
2 DID ne say anything as TO the character Of the
orders that existed before ne said they were very
% 2. You have told us that you have known General
Thomas for some time; state whether he had been
| time before that. A. Yes, sir.
Q; How long' A. Some two or three years, ex-
Mr.. SrANBERY, interrupting, said-we object to
this mode OF examination especially when 1t Is
| sought TO disgrace an officer.
| must do IL under oath
marx, but the Chief Justice inerered and said that
the controversy did not relate to the matter before
| the senafe and the examination Of the witness was
| continued by Mr. Butler as 70 lows:-
z Had General Thomas been away from the city
sent South, believe.
| Q. How lately had he returned to the Office when
ne made the specify A. / am not able to say; IL
| was but q few days.
| ing down the doors OF the War once by force have
| you seen General Thomasf A. Yes, have.
Q. Were you called upon by the Managers to give
| your testimony In this natterS A. / was.
| z. Did you do soY A. did.
| q. Was IT taken down in short hand' A. do not
know how II was taken down.
| Q. After you left the room was General Thomas
called inf A. did not see him called but he told
me he had been summoned and expected to be called
q. Did you sec him after he had been called. A.
| did.
q What did he ten you to your testimony
Mr. EvARTs objected to the TESTIMONY.
Mr. BUTLER said he proposed to show that Mr..
Burlelgh's testimony had been read 20 General
Thomas containing everything that was testified TO
now, and that General Thomas had said it was all
true and had also informed MIR. Burlegh IL true
The CHIEF JusrlCE directed Mr.. Butter TO reduce
his question 10 writing but Mr. Butler said he would
not press the question, and ne withdrew II.
q Have you had any conversation with him a. 10
| the conversation about which you testidedS A. I
| have
q What has he said about itp
Mr.. SrANBERY objected to this question
Mr. BUTLER said lie proposed to put in subsequent
declarations confirming exactly the declarations
| mat had been allowed 10 be put In. Waving the
question Tor the present he proceeded with the ex
| animation az folows:--
L ~ MhLa..I