Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-31

General MoreAtnd on the stand
THe ImpeachnefI- Court met twelve to-
<isy and in Consequence of the change OF hour
The galleries were not more than half filed:
many of those having tickets supposing that
the hour of me".sug was one y. m. Bat four
persons were in shN Diplomatic gallery.
After the introduction of some further writ
ten testimony, William J. Mcdonald, chief
clerk of the Seaate, was called TO the stand
some little difficulty arose rs TO the place 10 be
assigned for the witness stand, but fRaIIy the
witness was placed On the dais TO the Jeff of the
Chief Justice He testified to leaving a certi-
fed copy OF the Senate resolution on the Stan
ton removal al the White House The testi
mOny Of John W. Jones, chief messenger TO
the Senate, was next taken As to serving copy
Of the same on Gen. Lsrenzo Thomas. He tes-
ufied TO having found Gen. Thomas at a mas
querade bail Al Marini's Hall, ri IL o'clock a,
night Recognized him by his shouider-straps
Complaint was made by the counsel and by
Senator'S that the witnesses could not be heard
from the position taken by them. and il was
directed that they should take a more conspic-
nous place TO the right OF the Chief Justice.
The counsel for the President prIcked M
th"Ir ears on the introductIcn of testimony TO
show :h2: The form of commits sions in the
Treasury Department had been changed TO
passage Grrat interest was NANTES ted through
the cham b@r, ana IL was manifest that the point
was considered one OF some importance
Mr. +. CreeCy, Appointment Clerk OF the
Treasury was called 10 The stand To testify as
90 the difference between The form of cOmt1is-
sion used before ard after the passage of the
tenure Of Office act Mr. Stanbery arose and
asked the object of introducing this testimony
Mr.. Butler replied that they expected 10 prove
by the change OF the form of commission used
in the Treasur Department before ana after
the passage OF the tenure of Office act that the
President had recognized the validity of the
act During the taking OF this testimony the
counsel tor the President took copious notes
At y, m. when Mr. Creecy left the stand.
the galleries had filled up 20 nearly their capa-
city, mainly with ladies, as usual and the al.
mosphere being warm, there was general
futtering OF fans
Hon. Burt Van Horn. of New York, in Civ
ing his testimony. read from the printed tasti-
mORy given by him before the Impeachment
COMMITTEE in regard 10 the interview between
Gen. Thomas and Secretary Stanton The Wit
ness was subjected TO prOtracted crOss-exam-
Inatlon by Mr. S-anbery TO the object OF his
yIsIt 10 the War DepaTtmtnt: " hat other men,
tiers of Congress Were there: how they come TO
90 there; how he come to take notes of the in
reryiew; what had become Of those notes: who
copied out the note; who suggested their being
WIitten out &c, &c.
Considerable amusement was created by the
testimony ELECTED from Mr.. Van Horn, that
General Thomas had used the expression in
the early part of the interview, that he did not
wish any .sORpleasantness'' with Secretary
stanton General Butler sprang up to ask as
to the tone in which the word quoted was
used and sand the expression the ..late or.
pleasantness' had peculiar Specification lust
now. Did General Thomas say unpIeasantness
OF onpleasantness!
The Wines Oapleasantness." Laugh
teri
Mr.. Stanbery.-Did General Thomas use the
word IN the ordinary way!
The WitneSs.-He used it in the way have
stated he said he didn't want TO have any on
pleasaEtness. ILapghter.J
General Nor head was next questioned rs to
The lnteryl~w between Secretary Stanton and
General ThOIaas, and test titled as to General
Thomas demanding the War Department and
the Department mails.
Subsequently, Walter. \. Burle Ugh, delegate
from DacOtah, was placed upon the stand and
IN answer 20 al inquiry. General Butler was
proceeding TO state what the prosecution ex
Pected to prove by the witness, when Mr..
Stanbery raised an obJec;iOn. The presiding
lection, when Senator Drake raised the ques-
tion that such decisions should be made DO the
Senate. and not by its presiding officer.
Chief Justice Chase thereupon stated his DO =
sIIIOn 10 BE- that II was the duty of the Chief
Justice 10 decide questions of evidence in The
hTst instance. and that an appeal should be de-
oided by the Senate
Gen. Butler said a. he understood II the House
could get no question decided By the Senate un-
less some Senator shOUl move for such action
long discussion ensued, in which MIR
Bingham maintained that the Chief Justice
occupied similar position 10 that held by the
Lord Chancellor of England, IN the House of
Lords where the Peers decided all questions
OF Law and fact, and the Lord Chancellor Is
but a ministerial officer 10 preside, preserve
order DC. The Constitution, he commended
settled the question.
Senator Wilson moved 10 retire for eonsid-
Grafton Of the question, and the vote being
taken resulted IN n ties TO 2j-and the Chief
Jnstice giving ms casting vote In the affirm.
anye, the motion was carried.
This Is the first instance during the trial
where the Chief Justice has voted
The Senate then retired 10 the Marble Room
for consideration of the question al issue. As 20
10 the powers of the Chief Justice as a presiding
offieer. and at the present writing ak ID n.)
there seems 70 be no immediate prospect OF their
returning.
THE MCARDLE CAsE.-It had been deter
mined by The Supreme Court to hear aryu