, 1868-04-24
The Impeachment Trial.

Washington, April l3.-Tbe Chief Justice sta.
ted the question before the court TO be on the
motion allowing as many managers and counsel
10 participate in the 6nal debate as wish to do So
Sumner offered an amendment that no further
postponement be caused thereby. Accepted.
Several amendments relative to the mem bers
who should close, and length Of time TO be occu.
pied by each member, were made. >
Stanbery and the counsel for the defence
strongly opposed the limitation Of time Ia their
6nal argument.
After further debate, the Senate refused to
change the ruls-37 to 10.
Gen Sherman was then called. Stanbery
asked II witness, after the restoration Of Stanton,
bad formed an opinion that the good oftbe ser.
vice required another Secretary Of War, and
If be hAG not expressed such opinion to the
President.
Aher lengthy discussion, the vote was taken
and the question was not Admitted-Ayes is,
noes 35
Question by Senator Johusou-"Did you at
any time advise the President TO appoint smother
person as Secretary Of War in the place Of
StantouT'
Objection made and the question not admitted
ayes Is, uoes 3D.
A consultation then took place between the
Presidents counsel, the result of which was that
they gave gave up General Sherman as a witness,
Butler declined to cross examine.
recess of fifteen minutes was taken. Upon
reassembling, R. J. Msigs, Clerk of the Supreme
Court for the District of ColumbiA, was called
He testified that be affixed the seal to the warrant
for the arrest of General Thomas about o'clock
in the morning upon the affidavit Of Secretary
Stanton.
Stanbery offered these papers as evidence.
Butler objected on the ground that they did
| not bear upon the case.
The Chief Justice decided papers were comper
| tent evidence.
Couuess appealed from the decision, and the
Senate sustained the Chief Justice by "a to II.
| General Sherman was recalled to answer
question put by Senator johnson whether when
the President rendered him the office of Secre.
tary Of War dd interim be told him for what pur.
pose il was7
Objection was made to the question which was,
however, decided admissible.
Butler stopped him and objected to bis pros
ceeding further.
johnson then offered an additional question,
viz; What did the President tell you bis purpose
was This was objected to, but the Senate sus>
tained question by 26 ayes to 25 noes.
Sherman then said 1.-THE President told me
the relations between Stanton and himself and
the members Of bis Cabinet were such that be
must fill Stantons place with an dd interim ap-
pOintment in the interest of the country at large
and of the army. He did not say bis purpose was
to take the matter into court, though be said he
was satisfied if it went into court it would not
stand half an hour"
Staubery asked the witness to relate what the
President did say at the other interviews.
The Managers objected on the ground that the
Court had dismissed the witness, who was re.
called simply to answer one question and the
counsel bad no right to examine him further.
The question was 6ualy admitted.
Witness said nothing de6uite was said by
- nlf he ~ c. :,
view. At the second, the President expressed
The desire to have the eonstitutionality of the
Tenure Of Office law tested. He also said if the
witness accepted the position of Secretary dd
interim, Stanton would make no resistance. He
was too "cowardly.' The witness gave no posi-.
tive answer at that time.
Henderson asked the witness If be gave the
President any advice on the subject. The Sen
ate refused to admit the question. Gen Sherman
retired the Managers informing him that they
would call him tomorrow.
The Court then adjourned.