Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-17
FROM WASHINGTON.

dence which may be offered, which, OF
the motion of Conness, was ordered Il
be tabled, by ~ to III.
Mr.. Stanbery was not present. but thu
counsel said they would proceed as far al
possible without him.
Walton S. Cox, Of Georgetown, wal
called by the defense, and asked when
his connection with the case Of Stanton
We. Thomas commenced, and when and
by whom and under what circumstances
he was employed. Butler objected, and
the Chief Justice overruled the objection,
ana said the witness might answer the
first part of the question. The witness
said he was sent for on the 22i OF
February, and went to the White
House OF FIVE o'clock, and was pro-
ceeding to state what The President had
said to him, when Butler again OBJ
ljected, and demanded that the
counsel should put in writing what they
expected to prove. The counsel said
they proposed to prove that the Presi-
dent employed Mr.. Cox to procure a
Judicial decision by fling quo sOarrdnto;
and after further argument the Chief
Justice ruled that the evidence to show
that the President employed lawyer to
obtain decision as to the constitution
atty of the tenure-of-office act was
admissible in support of the denial of the
first article, and in accordance with the
| former votes of the Senate and with the
principles of law and right.
| The yeas and nays were then called,
and resulted 20 to 81. The evidence was
| therefore admitted.
The witness then said the President had
told him that he desired to have proceed
ings instituted to test the constitutional
ity of the act, and wished him to consult
with General Stanbery, who had been too
busy to look into the matter He left
General Thomas with the President, and
concluded that it would be best to apply
for writ of habeas corpus, after Gen.
Thomas should be committed by the
Criminal Court, which course Mr.. STAN
berry approved.
The question was asked and objected
to: What did you do toward getting
out the writ of habeas corpus by direc-
ton of the President?" Which was sub
mitted and admitted ty vote of II
to 49,
II tried to have Gen. Thomas com.
mitted to prison, but Stanton's counsel
applied for postpohement, and Justice
Carter said he could not be held in Gus.
tody; had moved for his discharge, ex-
pecting to force his committal, but the
motion was granted.
The Senate refused to allow state
ment to be made of conversation with
the President the same evening
Counsel then asked" After reporting
this to the President did you do any other
act in pursuance of his previous instruc
ton, to test the constitutionality of the
Tenure-of-Office act, and if so, what
were they p
Which was objected to, and the Chief
Justice overruled the objection, and the
Senate sustained his ruling by ~ to %,
and the witness resumed, THE next day
| applied to the District Attorney to sign
information in the nature of quo oar
ranso, which he declined to do without
the authority of the Attorney General;
/ then visited Stanton and gave him my
opinion" (which was not allowed to be
stated land nothing else was done in
the matter"
Cross-examined by Butler" Consid-
cred himself as counsel for the Presi-
dent, but appeared before Judge Carter
as counsel for General Thomas; did not
tell the court, or the opposing counsel in |
court, that his purpose was to get the
case in train to test the constitution
atty of the Tenure Of Office act sup
posed they knew the object.
"Mr. Bradley, sr., was advisory |
counsel for General Thomas, and the
papers which he prepared to obtain a
quo warrdnto, were returned to him a
few days ago by Mr.. Stanbery, with a
verbal message for himself and Mr..
Messiek to use them at their discretion;
he had never received direct authority
from the President to use them; General
Thomas was discharged from custody on
the motion of the Presidents counsel"
R. 7. Messick testified =" I'm law
yer of Washington, and was employed by
General Thomas on the morning of the
22d Of February after the action of
Judge Carter in the Chamber, went
about noon to see the President, and
told him what had occurred, General
Thomas and Mr.. Stanbery being present;
the Attorney General, in the presence of
the President, told me to see if he could
carry up the case to the Supreme Court
on writ of habeas corpus, and few
hours afterward / wrote the Attorney
General note an the subject, and on
Monday ! communicated the result Of
my investigation to the Presidents
counsel, Mr.. Cog, aud we agreed to work
together in order to accomplish the pur-
pose suggested by the Attorney General,
Tuesday night we had an interview with
hin relative to conducting the case next
day.
The following question was objected
to! What did yoa and Cox do in order
to accomplish the result referred to p
But it was held to be admissible by the
Chief Justice, and no appeal was asked
for. /
4 Answer All we did IN court on
"wednesday morning was to-" Here
the witness commenced in detail to re-
cite the circumstances heretofore mar.
rated BIZ Cox, When Mr.. Butler inter
rupyed him to say that he wished to clear
his skirts Of all this matter which was
going In against the objection of the |
managers, and under the ruling of the |
Chief Justice whereupon the Chief |
Justice arose and said: " 1t has goue in |
by the decision Of the Senate Of the
United States
The Withess then resumed his nara
tive, and at the close Of his examination
By Mr.. Butlsr testified that Gen. Thomas
was cot at the White House when he ar
rived; did not know whether be was az
the War Department or not
F.A. Parrin, Of Long Island, Was then |
called and testified: Had been person
ally acquainted with The President about
fourteen years; was in this city during |