The New York herald., 1868-04-21

nj. nvAkIs, intefrupung-"naI uoes INC Manasu
Mr.. BUTLER-I am proposing to put in evidence,
az ana ia am stating ns case ne was 3 mem9sr say
The CHEF JUSTICE. interrupting-rhe honorable
Manager will please lreduce to writing what he pro-
Mr.. BUTLER-I win after state the grounds Of IT,
The CHIEF JUSTICE required the offer OF proof 20 be
reduced to writing before argument. He said that
the Managers must state the nature OF the evidence
then pass upon the question whether it desired to
hear that class Of evidence. l
Senator JOHNSON ITO Mr.. Butlerl.Does the
Mr.. BUTLER-l do.
Senator JOHNSON Nothing elses ~.
Mr.. BUTLER assented, and said-This Is the first
time In this trial that any counsel has been stopped.
1t seems Mr.. President that the rule should be
fhe CHIEF JGsricE-The honorable Manager APP
pears to the Chief Justice to be making statement OF
which are not N and 1l which the ,
he intends to put them in evidence The Chief JUS
tce therefore, requests that the nature OF the cyl
senate shall be reduced to writing as the ordinary
offers of proofave been, aud then the Senate win
judge whether II VIII receive that class OF evidence
or not.
Mr.. BurLER-I am trying to state that this was
President, and have right to say that this is the
first time that any counsel has been interrupted In
The CHEF JusrIcE-Does the honorable Manager
decline to put his statements in writings
Mr.. BuTIER-I am not declining to put the state
The CHIEF JUsTIcE-Then the honorable Manager
will have the goodness to put It in writing
MI. BUTLER-l viii do It, II can take sufficient
The CHIEF JusrIcE-Yes, sir.
tRs esS spe1s e an xns S the %
show that Foster Bodgett Mayor Of the city Of Au-
he ca BY Pope %s%sr
being, because Of his loyalty, obnoxious to some
person OF the citizens lately rebellion against the
United States by the testimony OF such citizens
indicted that said indictment was sent to the Post
master General, and that thereupon without author
lty OF law, he the Postmaster General) suspended
said Bodgett from oice without any other complaint
against him and without any hearing, and did not
ONCE being one Within the appontment Of the Pres eae
dent with the advice and consent Of the Senate
This proof in part by the answer Of Bodgett to the
Postmaster General being portion OF the papers
file In the Post Oflce Department, which the ac-
tion OF the Postmaster General was TAKEN portion
the President is to show that Mr. Biodgett has always
been friendly and loyal to the United States govern
ment."
Mr.. EvARrs-we object to the evidence, as being
foreign and alien to the Foster Blodgett and
the evidence concerning him, were produced on the
was confined to his oral testimony that he had re-
ceved certain commission under which he held the
oiice OF Postmaster In Augusta; that he had been
suspended from Office by the Executive Of the United
States, and there was superadded conclusion that
his case had not been sent to the Senate In taking
up the case the defence Ofered nothing but the OH,
cial action OF the Post Ofce Department, coupled
WITH ,e;i evidence Of the head Of the department
notice to, or subsequent direction Of, the Presi-
dent Of the United States. 1t appears that the
ground Of the action was the Indictment against Mr.
BOdgett The complaint was made last Saturday
that the indictment had not been produced The
Managers having now procured 1t have put II in evil
dence, and they now propose to put in evidence Mr..
Bodgett's answer to that Indictment TO the accu-
sation mad made before the Postmaster General.
ral's notice. not to the indictment.
Mr.. EvARTs-Hs answer to the accusation and the
evidence concerning the accusation placed before
the Postmaster General, understand,
Mr.. BUTLER-Not his answer to the indictments
Mr.. EvARTs-His answer to the indictment, 40 far
friendly to the United States and that he always
had been, Notwithstanding he had been captain In
the rebel army the honorable Manager states that
paper Is part OF the evidence TO sustain Mr.. Blod-
geit's loyalty and to defeat the accusation against
after his removal and the honorable Manager states
to you that that letter Is part OF the papers
which the Postmaster General acted in suspending
him from ONCE. How that can be, IN the nature OF
things It " dficult for me to see. Now the honor.
able can see that this is not evidence intro
duced by us in disparagement Of Foster Bodgctt 1t
s evidence introduced by US to show the action OF
the Manasers have nut in BY era
and under cover OF that the learned Manager (Mr.
Butler first asks the introduction OF the accusation
against Bl0dgett and then asks to refute II. H this
evidence be rghtfully put in on their part, we, Of
course, will meet it on ours and we will have
the President to the trial Of Mr. Biodgett on Che ques
ton OF loyalty. / am instructed to say there Is
tain in the rebel army, and we are ready to 20 on
with that proof II II Is deemed advisable
% not m an o env orsr sbs
yesterday or the day before, for to state the
grounds on which offer this evidence. Mr. Blodgett
was called here to show that without his being
sent to the Senate he had been suspended by the
President Of the United States as he supposed and
supposed, on the Sd day OF January 1885, without
any violation Of his duty, so far his ofical duties
were concerned, and without any justification or
m mi
salary, and little more, so that 1t amounts
to q removal and putting another man IN ONCE.
Mr.. Blodgett testified that up TO the time that he tes
titled he had not any knowledge that his case was
before the senate, and he could get no redress We
desired to obey the law except where he wanted to
make case TO test the eonsttutionality OF IT, this
was GTs pertinent n q, evidence the p President put
ingiy desir0us TO obey the laws especially the Civil
Tenure act, except where he wanted to make case
to decide It's constutonality These facts were put
In. and these facts not In dispute. They call
Mr. Postmaster General Randall on the stand; he
sns 9s az Of TO
therein set out; they also put In evidence Q
letter Informing Mr. Blodeett that he had been
pended from once. That letter states previously
that twas on that indictment for perjury. not set
ting out the Indictment to leave to infer shat
neighbor and nelghbor between citizen and citi-
zen committed wllful and corrupt perjury, and that
felt obliged instantly TO suspend him. II was case,
he said where the great law OF necessity compelled
him 10 suspend him at once. In order to meet that
we ask for the Indictment and get nj last copy
OF II from the Treasury Department. Mr.. Foster
Bodgett being notified OF his suspension the 81 OF
January sends this TO the Postmaster General
the 10th, seven days after, not ten days, as the
counsel stated.
Mr.. EvARrs-It is entirely mmaterial.
Mr.. BuTLER-I do not consider II material only as
q matter OF correction week after he sent and
put on file In the department his justification,
saying that this was all rebel plot and treason
against the United States. Having put that on e,
nis part Of the case. Now, have not said TO the
Senate that this paper was one which Mr. Randall
acted In suspendng Mr.. Blodgeit but DO say that
Il Is part OF the proceedings OF the case; that IL Is
paper on which Mr. Randall is acting in not re-
turning the suspension through the President 10 the
Senate. 1t may be said Mr.. Randall had no business
10 return 10 TO the Senate. He had az
much business 10 return II TO the Senate as he
had to suspend him. We are answered that
the counsel for the President only put Ia the