The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-11
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article, characterizing it as compound
of the tenth preceding, and closed
with a reference to the unprecedented
uaonitude and Importance OF the case,
say7ng that there had not been and
never could he another occasion like
this in the proceedings Of this Govern
ment to prove the greatness OF Amerl-
can Justice or injustice. That justice
which Burke says is the browning glory
of all civilization and that injustice
which is sure to return to its authors.
The Senate, at 2:l5 P. M., took re-
cess Of fifteen minutes.
After recess, General Thomas was
sworn, and on examination by Mr..
Stanbery testified asEto his rank in the
army and his appointment as Adjutant
General in March, 1861. He remained
in office after Mr.. Stanton's appoint
ment; was sent by him to various parts
of the country to organize and inspect
troops, &C.; organized about eighty
thousand colored troops: his last special
duty as Adjutant General was performed
about the close of 1867; was restored to
duty as Adjutant General By order OF
the President February IL, lS6o; saw
| the President soon afterwards.
| Mr.. Butler objected to the question,
What was the conversation
Witness then stated that on the
morning of February 2lst he received
note from the Private Secretary of the
President asking him to come to the
! White House; he went, and the Presl-
dent handed him papers, being letter
to Stanton and his own letter of author
ity; never saw the papers before; had
no hand in preparing them; the Presi-
dent said to him, ~ intend to support
the Constitution and laws and expect
YOU to do the same; witness went to
the War Department with General Will
liams and demanded possession; Stan
ton asked if time would be granted to
remove his papers; General Grant was
present, and he showed him his ap-
pointment as Secretary al interim; wit
ness then retired to his room; same day
he received a letter FROM Stanton for
bidding him to issue any orders as Sec
rotary ad interim, which letter witness
proceeded to read.
Mr.. Stanbery-Whatw was said in the
conversation between you and the Pres
| ident subsequently, on the same day I
Il.
some length that the conversation re-
lating TO the act could not be put in ev-
idence if it occurred subsequent to
the commission.
Mr. Stanbery replied contending that it
was clearly admissible as bearing on
the charge of conspiracy, and calling
attention to the fact that the Managers
had introduced large amount of testi-
mOny about conversation held long
after the date in question. They had
put in evidence what General Thomas
had said when not on oath, and
atortiOri, his evidence now should be adj
missable.
Mr.. Butler rejoined, challenging the
production of legal authorities to prove
that what one conspiratOr said TO an
other after an act was committed could
| be put in evidence in his favor, although
tue confessions of criminal could always
he used against him. He expressed the
belief that the remarks about supporting
the Constitution aud laws were pre-ar-
ranged and manufactured for effect.
| Mr.. Evarts reminded the hearsay evil
/ dence of what General Thomas said
was introduced on the pledge that the
President would be connected with it,.
! Now the Presidents counsel propose to
show from General Thomas himself what
were his instructions and what the in
tentions of the President.
AT Mr.. Bingham's suggestions, the
question objected to was reduced to
writing and read by the Secretary.
He then argued in support of the Oh
| lection. He denied that the Managers
had introduced hearsay evidence; the
declarations of the so-called conspira-
tors We're primary evidence. He said it
was tritling with justice, and an at
tempt to introduce utterances of an ac-
cused person in his own behalf
The Chief Justice then submitted to
the Senate the question of admitting
Thomas testimony in regard to the con-
versation, which resulted, yeas ~, nays
| IL; so the evidence was admitted.
Witness stated to the President that
he had delivered the communication to
Stanton, and told him what answer he
made: the President said to him, VERY
well, so on and take possession and
obey orders" This was all that occur
red; did not see the President again
that evening; next DIOrning witness
was arrested; went with the Marshall
to the White House; told the President
he was in custody and on what charge;
the President replied, every well, that
is just where / want it, in Court" wit
ness then left; at his hotel, on giving
bail, he asked Judge Carter if he was
in the meantime suspended from his
functions; the Judge replied in the neg
alive, ard explained the effect Ofgiving
bail
! Witness then narrated the ciTcum-
stances and conversation which DC D..
Cured after he went to the War Office
the same morning. After the members of
Congress, who witnessed his interview
with Mr.. Stanton, retired, Mr.. Thomas
said to Mr.. Stanton: THE next time
you have me arrested do it after break
fast; have had nothing this morning
to eat or drink" (Laughter.) Mr..
Stanton, in playful manner, ran his
hand through the witness hair, "Well,
think, General, we have little some
thing here" whereupon General Shri-
yer produced bottle and Mr.. Stanton
divided its contents, about spoonful,
into two parts and they took drink to-
| SStuCI' subsequently eOtue lllll OOllleS
were brought, and this was all the force
used that day. Great laughter.)
Mr.. Stanbery asked if the President
had ever directed him to use force or
threats to obtain possession of the War
| Department
Objection made, which was argued by
Messrs. Butler and Evarts.
Without division the Senate allowed
the question to be put, and Mr.. Thomas
replied in the negative.
When questioned as to his converse
ton with Mr.. Burleigh, he said he never
invited him to come to his office or had
said to him or Wilkinson that he would
call OH General Grant or kick the doors
down; knows nothing whatever about
Karzner; supposes he may have
seen him four years ago; when he was
ill at home Karzner introduced himself
rs an old acquaintance, and hung on
him by the hand while he made the re-
mark, and several times repeated it,
about Delaware having her eyes upon
him (rhOmas); Karzner then asked him
when he was going to kick that fellow
out, and he adopted Hammers words
and said he wOnld do ~ ~ q CO.., 1o,-,.