The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-13
CONGRESSIONAL.
WASHINGTON, April IL.
SENATE.


ayers, that the Court allow as many OF
the Managers and counsel to take part
in the final arguments, was objected to,
and lays over till Monday.
General Thomas examination was
continued. He explained that the
President instructed him to take charge,
not to take possession of the War Ohice.
He assentGG to the general correctness
of Burleigh's testimony before the
House committee.
Cross. examined by Mr.. Butler-Was
Hositive the President only told him to
take charge of the War Office. Admit
ted calling Karzner liar. Never said
"we will have the fellow out if it sinks
the ship" Has not talked with Cen
eral Townsend and others about his tes-
timony given yesterday. He corrected
certain. portions of his testimony given
before che Congressional committee.
General w. L. Sherman was called.
He testified that he arrived in Wash
ington on the 4th of December last, and
remained two months, coming here on
business connected with the Indian
= Commission. About the middle OF De
cember he was assigned to duty on the
board 10 revise the army articles. he
had several interviews with the Presl-
dent regarding the difficulties before
and after Mr.. StantOn's removal.
Mr.. Staubery asked-What converse
ton took place between you and the
President on the l4th day Of January
in regard TO Mr.. Stanton's removalf
The Managers objected.
Chief Justice Chase ruled that the
oIp,i.ual,la on1 a decision
BY the Senate was called for, but before
the yeas and nays were taken, MI.
Stanbery said he regarded the testl-
mony sought to be introduced as OF VI
tai importance TO the case, and went on
TO remind the court that the Managers
had introduced much testimony In effort
to raise q presumption OF criminal
intent on the part Of the President, tes-
timony which occurred months before
the 2lst of February, and argued that
the counsel had an equal right to bring
forward rebutting testimony in order to
prove the Presidents honest intent.
In support of his position he quoted ut
some length of the State trials of Hardy
and Lord Gordon, and claimed that the
decisions then made were precedents TO
determine prescott questions.
Mr.. Butler rejoined, saying that the
Managers in attempting to Introduce
Mr.. Cooper's testimony, sought to prove
that the acts were not conversations. In
the course of his remarks he referred to
General Thomas as q weak, vacilating
old man, pampered by little pride and
ut to be a tool. He said counsel had
tried to influence the Senate by reading
simple arguments of lawyers and claim
ing them as authority, and this attempt
ne characterized as unprOiessiOnal.
Mr.. Stanbery called Oh the Chief Justice
to put a stop to such aspersions OF his
conduct, stating that he read arguments
only in explaining decisions made.
Mr.. Butler resumed and spoke ut length
with more than usual vehemence, ar
guins that the rules of evidence re-
flected on Mr.. Stanbery and General
Thomas, aud claiming in conclusion
that Senators were a law unto them
selves.
Mr.. Evarts quoted from the rec
ords of this trial to show that Mr..
Butler had assumed the same position
and done the same things that he now
denounced as unprofessiOnal. Mr..
Evarts went into tine merits of the
- question. He cited and commented on
numerous charges made in the articles
which imputed evil intent to the Presi-
dent, and argued the admissibility of
the question in consideration of law,
reason and justice. When he finished
the Senate took recess of 10 minutes.
Ga reassembling, Mr.. Wilson read
from the report OF Hardy, said that the
position taken by Mr.. Butler was cor
rect, and insisted that the declaration
of the President might have been made
solely with the purpose of concealing
it's intent. The effect of putting Mr..
Stanton ont would have been to pre-
vent him from applying TO the Courts,
so a decision could not be reached,
The Chief Justice TcStated his opinion
that the question was admissible under
the ruling of yesterday, because, like
that asked yesterday, it's purpose was
to elicit testimony regarding the intent
of the President. A conversation Oc-
curing shortly before the commission
of an act was as admissible as that
concerning one which took place after
wards, even more so.
The yeas and nays were then taken
and resulted in % to %. So the Ques-
tion was not allowed.
Mr.. Stanbery then asked Mr.. Sher-
man, What do you know about the
creating Of the Department of the At
lantici
Mr.. Butler said there would be no
, objection providing the Chief Justice
would instruct the witness to give
hearsay evidence.
Mr.. Stanbery declined tc give the
assurance that the witness would not
be questioned about what the President
had said.
The Chief Justice submitted the
question of adnissability, aud the Sem
ate, without division, decided in the
negative.
Mr.. Stanbery then asked if the Presi-
dent had rendered him the position of
Secretary of War ad interim.
Mr.. Butler objected.
Mr. Staubery replied.
Mr.. Butler rtjoined; it was an attempt
to bring in the conversation.
The Senate decided that the question
could be put and Mr.. Sherman testified:
The President rendered him the Office
of Secretary of War ad interim on two
occasions, January 18th and 30th; re-
PAAOu w buSSC III Wiling Ou luC - III
and 3lst; Stanton was in office.
Mr.. Stanbery asked if anything else
occurred between the witness aEd the
President about the offers when first
madei
Mr.. Butler objected, and warned the
Senate against the attempt to bring the
conversation in under the pretense of
proving an act.
Mr., Evarts called attention to Mr..
Buffers shaking his finger in warning
to the Senate, the malpractice of coun-
sci, and said nothing was palmer than
that circumstances explaining an act
were admissible as evidence concerning
it.
Mr.. Butler replied, and the question
submitted to the Senate.
The yeas and nays were demanded
and resulted in % to %, SO the question
was decided inadmissable.
Examination Tesumed-At the second
interview, when the offer was renewed,
there was further conversation.
Mr.. Stanbury then asked if the Pres
ident had in any interview stated that
his intention in offering the witness
fha INT, n Al