The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-02
vol. XxXIv:

and desired to know which it was General
Thomas used, and the witness said it was
onpleasantness.
After some questions to about the same
purpose by Mr.. Stanbery,
Mr.. Bingham suggested that the whole
subject was not very material.
Nh. Eyarts thought it was material, as
going to show how far the recollection OF
the witness was reliable.
Hon. James X. Moorhead, representa-.
tatiVe in Congress from the State of Penn.
sylvania, was next called and sworn, and
examined by Mr.. Butler. Witness was at
the War Department on the morning OF
February %, 1868. There were there be-
sides himself Mr.. Van Horn of New York,
Mr.. Kelley OF Pennsylvania, and others,
whose names he did not recollect. He had
gone to the War Office from his lodgings,
he having been informed by Mr.. Burleigh
that General Thomas
Mr.. Stanbery objected to witness stating
what others had told him.
Mr.. Mooorhead Well, was there, and
General Thomas came in; after conver-
sation in Mr.. Stanton's room, General
Thomas moved over to General Shriver's
room, whittier Mr.. Stanton followed him,
and he asked me to go along, and be par
ticular to observe what was said |; there
fore took q short note or memoranda, espe-
cially as was asked to observe particu-
larly what was said; Secretary Stanton
said to General Thomas, " You claim to be
here as Secretary Of War, and refuse to
obey my orders ?" General Thomas said,
d" do, sir" (Mr. Stanton had previously
ordered General Thomas to his room as
Adiutant- General.) General Thomas then
walked to General Shriver's room, and
Mr.. Stanton and myself and others fol.
lowed, and at the door MIR. Stanton turned
to me and said, "General Thomas re-
quires the mails Of the Department to be
delivered to him, and says he will transact
the business of the War Office" I wit
neSs) did not hear General Thomas say
this, but Mr.. Stanton told me he had said
it. | then asked Thomas if he had so said,
and he asse nted, and said might make
the remark as full as | pleased.
Upon cross-examination by Mr.. Stan
berry, witness said he could not positively
remember all who were at the time pre-
sent in Mr.. Stanton's office; he remem-
bers that Mr.. Van Horn and Mr.. Kelley
we're there; he was at the office half an
hour before Thomas came in; saw him
coming, for the windows OF the War Office
looked out toward the White House, and
it was from that direction Thomas came
ne came in alone, and was not armed, so
lar as witness knew when General
Thomas came in he passed the compli-
ments of the day, and said, "Good morn
ing, Mr.. Secretary" and Good morning,
gentlemen during the interview Mr..
Stanton was sometimes walking up aDd
down, and sometimes occupying seat ;
Mr.. Stanton did not ask General Thomas
to take seat, nor did the latter sit down
at any time during the interview; Gene
raj Thomas told Mr.. Stanton that he had
come there by virtue of his appointment
by the President as Secretary Of War dd
interim; this was in reply to a question
out by Mr.. Stanton Mr.. Stanton had pre-
viously ordered General Thomas to his
room as Adjutant- General, and the Gene
raj refused to obey the order; Mr.. Stanton
asked witness to accompany him to the
room of General Shriver; witness went be-
cause he expected to hear a conversation
which Mr. Stanton desired he should hear
when in Mr.. Stanton's Office the parties
did not seem to be- at ali hostile, but car
ried on Jokes with each other; witness
thinks he came out of General Shrlver's
room first, for it was near IL o'clock, and
he was desirous of reaching the capitol
cannot remember who were there beside
the gentlemen already named, but there
were others present beside the regular
clerks in the office; witness heard nothing
said about an unpleasantness; there was
nothing at all belligerent on either side
ON the part Of either of the gentlemen the
only thing that had the appearance OF stern
ness was when Mr.. Stanton ordered Gene
raj Thomas to his room.
By Mr.. Butler.-You have been asked
whether, upon the occasion referred to,
General Thomas was armed. All l WISH
60 ask is whether General Thomas was
masked. Laughter.]
Witness He was not.
Mr.. Butler That is all, sir. You can
stand aside.
Hon. Walter A. Burleigb, of Dakota,
sworn. and examined by Mr.. Butler: Wit
ness knows General Thomas and has
known him for several years; is intimate
with him, as the families OF both have ire.
ouently visited. On the evening of Febru,
ary DIST had conversation with General
Thomas. On the morning OF FeoruarS ,
22d, before going to the War Department.
went to see General Moorhead.
Mr.. Butler: Had you a conversation
with him?
Mr.. Stanbery What is the object of
that question?
Mr.. Butler replied that he proposed tc
show that General Thomas had said it was
his purpose to 60 the War Office on the
morning of February 22d and take posses
sion of the office by force of arms. Mr.. Bur.
leigh having knowledge of this fact, went
tn inform General Moorhead OF it. lie
would prove that after the President ap-
nointed Thomas to the War Office, on
February 2lst, he went and demanded
possession, but not receiving it, he threat
ened TO take it by force. Mr. Burlelgh
then said =,
Mr.. Stanbery Gnterruptine) said he OBJ
iected to the statement.
Mr.. Butler: The gentleman does not
know what he objects to-, as he mas not
heard the statement.
The Chief Justice ruled that the eVi-
dence was competent.
Senator Drake rose to point OF order
and objected to the Chief Justice declalng
the question. He said that under the
rules adopted for the government OF the
Senate during the trial all these questions
must be submitted to the Senate Tor lts
decision. The Chief Justice had no aG-
thority to decide the question OF the au-
instability of evidence. ....
The Chief Justice read the rule, and
>..aa Il 70 maan- that he had the