The Portland daily press., 1868-04-01
XLth 00NGREss-seeond Session.
sdi. FL
The Impeachment Trial.
Evidence for the Prosecution.

WASHINGTON, March 31.-The Senate met at
IL O'clock After the presentation OF few I'M
important petitions the chair was vacated and
Immediately assumed by the Chief Justice.
The Sergeant-at-Arms made proclamation
at seven minutes past IL. The managers and
members of the House were successfully an
nounced and took their places The counsel
for the President also entered and was seated
The galleries at the opening were not more
than half full
Mr.. Wilson, of the managers offered further
documentary evidence, as follows:-Senate
resolution of Jan. Is, 1868; Presidents message
OF Feb. II 1868; extract from Senate Journal
showing the action of the Senate thereupon:
copy of commission of Mr.. Stanton as Secre-
tary of War from Mr.. Lincoln under which
only Mr.. Wilson said he claims to hold.
Mr.. Butler, one of the managers, then called
William j. Mcdonald, Chief Clerk of the
Senate, who, having been sN orn by Secretary
FOrney, testified that the certificate shown
was signed by him. 1t sets forth the notifica-
ton of action given to the President He
also attested another certificate of service on
the President of a resolution of non-concur-
renee in the removal of Stanton.
j. w. johnson, Deputy Marshal of the SUI
preme Court, swOrn.-He testified he had
known Lorenzo Thomas six years, and had
served upon him q summons of the District
Supreme Court ON the 2ist day of February
about IL o'clock at night, and made return,
which was read.
A resolution of the Senate, that the Presi-
dent had no power to remove MIR. Stanton, was
elen read.
@. f. Creecy, clerk in the Treasury Depart
ment, was called and sworn. He testified TO
the form OF appointments used in the Depart
ment prior TO March, 1867.
The Senators complained Of not hearing.
Mr.. Butler offered to repeat what he laid,
but Mr.. Evarts said he preferred to hear the
witness himself
Mr.. Stanbery inquired what was the object
OF this testimony.
Mr.. Butler replied that 1t was to show that
after the passage OF the tenure of Office act
the President signed different form OF COM
mission, made in accordance with said act,
thereby recognizing its binding force and le-
gality.
The witness testified to the changes indicat-
ed, which were read by Mr.. Forney. The
words stricken out were during the pleasure
of the President for the time being" The
form OF commission for temporary appoint
ments was also produced, and witness testified
to striking out of the same the words above
quoted. A commission was issued to Mr..
Cooper, Assistant Secretary of the Treasury.
on November 20, 1867.
Mr.. Butler, continuing to examine, asked if
the Senate was then in session.
Witness said he thought not; and in answer
to another question, said Mr.. Cooper did not
qualify under that commission, but under an
other, which was then read.
Mr.. Butler then called for the reading of the
letter of authority given to Mr. Cooper by the
President ON December I'd.
Witness testified that Mr.. Chandler resigned
he thought, day or two before this letter.
Cross-examined by Mr.. Curtis.-Witness
stated that the date when the change in the
form OF the commission was made was on the
9th of March, 1867.
Burt Van Horn, a member of the House of
Representatives, stated that he was present at
the War Department on Saturday, the I'D of
February, 1868, at two minutes past IL, when
Lorenzo Thomas demanded of Mr.. Stanton
the nOSSaSSi0n Of the 0ffipa of apratarU of
War. He testified that Gen. Thomas, after
exchanging salutatiOns with those present,
said to Mr. Stanton, II am Secretary of War
Gd interim appointed and authorized by the
PRESIDENT to take possession of this office"
Mr.. Stanton ordered him to repair to his room
and to perform his duties as Adjutant Gener-
al, which he refused to do, saying he intended
to exercise the functions of Secretary of War,
and would receive the mails of the War De-
partment Mr. Stanton told him be would do
30 at his peril. Gen. Thomas left the room and
witness last saw him in the room of Gen.
Shrieve.
On cross-examination by Mr. Stanbery, wit
ness said he went there to pay a visit to Mr.
Stanton, and not on public business; he was
accompanied by Messrs Moorhead and Clarke;
did not know what their business was; they
did not state what they went for; he was not
in the habit of taking memorandum of con-
versations; was prepared by having large en-
velope in his pocket; no one requested him to
do SO; it was about minute litter Gen. Thorn
as left the room that Mr.. Stanton followed
HIM; before he reached the room he heard a
conversation going on inside between Mr..
Stanton and Gen. Thomas; did not under
stand what was said; he did not know where
the envelope was on which he took the memo
randum; it was probably destroyed; he had
the original notes copied by young man; did
not know what had became of the copy; the
paper read from was his printed evidence be-
fore the committee of the House; he kept the
copy until after he had given his testimony
before that committee; did not know what
took place between Mr.. Stanton and Gen.
Thomas after he left the Department.; the
memor sndum made ON the envelope was not a
complete record, but covered the points which
he considered important; he did not use short
hand; he did not hear Stanton ask Thomas
whether he wished him (Stanton) to give up
at once or take time to arrange his papers; in
the first part of the conversation Gen. Thomas
said he did not wish any unpleasantness be-
tween them.
Hon. JONES X. Moorhead, member of the
House, testified that he was present with the
witness last sworn at the Department at the
time referred to. He said he went with Mr.
Stanton TO Mr.. Shreve's room, and was re-
quested by Mr.. Stanton to take notice of the
question he was about to ask Mr. Thomas
which was whether he intended to obey his
(Mr Stanton's) orders as Secretary of War.
Mr., Thomas replied that he did not Mr..
Thomas also said he intended to receive the
mails, and acknowledged to the witness that
he SAID 80. xx-
Cross examined by Mr.. Stanbery-Witness
was at the Department half an hour before
Mr.. Thomas came; he was not attended moi
was he armed 80 far as witness, coud see; wit
ness thought that there had been some con-
versation between Mr.. Stanton and Mr.. Thom
as in Shrieve's room before he entered; it wa:
OF good-natured character; lie thought there
mad been some joking between them.
waiter Burleigh, Delegate from Dako
tan, was called and examined. He knew L9
reno Thomas: was on terms of intimacy will
MN; remembered the occasion when he wen
WIN Nr. Moorehead to the War Department
saw zen. Thomas on the previous evening a
MS mouse; mad conversation with him.
Mr. Stanbery wanted to know the object O
this examination as to the Conversation be
tween the witness and Gen. Thomas
Mr. Butler replied-To show that the inten
and purpose of Gen. Thomas was to take nos
session Of the War Department by force. p''
Mr.. Stanbery objected to the testimony. an5
the objection was sustained by the Chief Jns
tice.
Mr.. Drake said that the question should b
submitted to the Senate, and appealed fror
the decision OF the chair
The Chief Justice said that it was his dut
no to rule,