The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-17

-.
the other slde would only treat this question OF
the rights OF personal liberty OF Mr. ThomasS A. Yes,
O. Well sir it being your desire to have that ques-
ton tested and as you appeared for Mr.. Thomas,
and as It @ have been T o Sos .9
the opposite counsel and ask TO nave put III rame
for THAR A. Because ! didn't think , tney would
consent to 1t. We didn't want to let them know
what our object was.
Q. Then you meant to conceal your objectf A. We
rather did. They seemed to divine 1t from tne
Q. You say you prepared papers for an informa.
ton In the matter Of o quo warrantOf A. Yes,
Q, What day was thatf A. That either on Wed:
nesday the 26th or the next day. the 26h or 9th Of
g And that was after the President was i'm
| Q. Did you see the President between the time
when you reported to him and the time when you got
| this paperS A. did not sir. l have never seen
| him since.
9. You prepared this papers A. Yes, sir:
| g. And he said he must have some order from the
Q. And then you went to the Attorney Generalf A.
| O. Did you send note with themP A. do not
recolect; sent the information over verbal or writ
| ten.
Q. Who did you send it bya A. BY Mr.. Merrick or
o. What Bradley A. The elder.
O. was he concerned In the matter' A. He ap-
peared in court with US merely as an adviser for
O. Joseph r. Bradley appeared in the District Court
attOrneyY A. lie appeaMeu Ill peISon, Dut uUG IL
No Q. Did he saw anythingq A. Nothing to the court.
q. Is that the man that was dlsbarredf A. me
sane-so that he could not appear.
Q. Well, after you sent these papers 10 the Ator
ney General, then, did you ever receive them backf
O. Whens A. few days ago.
O. BY a few days ago, when do you meanF since
| you have been summoned as O witness? A. thnk
not; just before believe. .
Q. Preparatory to your being summoned as wit
nessS A. No. not that am aware OF.
q. After before this case was openedp A. After.
O. How longs A. could not say; think it was
| o. Have you had any communication with the At
torney General about them between the time when
you sent them and the time when you received them?
| A. None in person.
Q. Had you in wrting9 A. No, sir.
| Q. Then you had none in any way? A. Yes sir;
| Mr.. Merrlck said 1t more convenient for him to
Q. OF which you only know from what he sald9 A.
Q: They were returned to you; where are they now'
| A. have them in my pocket.
Q. Were they not returned to you Tor the purpose
OF your having them when you were called as Wit
ness? A. No, sir; they came with MESSAGE. vo.
| Q. How soon before you were summonedS A. MOI
| more than day or two.
@. On Che same day9 A. think day or two be-
| @. To your knowledge have these paper ever been
presented to any judge of any court A. They nave
| not up TO the hour that we are speaking.
| O. Have you been directed either by the Attorney
General or by the President to present them to any
Judge OF any court? A. The papers came 10 me Will
| the direction to them as Mr. Merrick or myself
| choose, in discretion.
| u. n.
q. But Mr.. Merrick was not associated with you as
| counsel for the President A. lie was not AS l I'M
| derstand, he was counsel for General Thomas.
Q. was this movement on the part OF General
Thomas for the information made Us quo odfTdnto?
A. No. sir; it was fled on the relation OF General
| Q. lave you received in writing verbally to
yourself any direction, either from the President or
| The Attorney General, TO file these papersS A. No
positive orders. ,,
o. don't mean through Mr. Merrlck9 A. The only
| communication was through him.
| communications A. From the Attorney General.
| @. Who2 A. The Attorney General.
O. VINO il thatY A. Mr.. Sianbery.
O. And this was five days ago. why he resigned
as Attorney General some fortnight ago. How did
he come AZ Attorney General to speak by order Of
the Presidcnts a. meant Mr.. stanbery.
O. Have you ever received any direction, through
Mr.. Merrick from the Attorney General officially, as
a direction for the Presidents COUNSEL A. Through
Mr.. Merrck all that received was
O. Excuse me. Have you received any commune
cation, through Mr.. Merr1ck or anybody else, from
the Attorney General OF the United states, not the
resigned Attorney General OF the United States A.
| ! have not, sir, from any other.
O. And you have not received any from him, either
verbally or otherwise, while he was Attorney Gene
@. When you handed him the papers was he Attor.
ney GeneraiS A. believe so, sir.
q. Could You not be certain on that pOnt2 A.
don't know when lie resigned.
Q. And the resignation made no difference in your
| acIionY A. don't think he had resigned at that
time. am very sure the papers were sent to him
| within two or three days after the discharge of
| O. And were returned by him to you within four or
five daysS A. Yes, sir, four or five days.
q. After he resigned2 A. think II was-yeS, sir.
| q. So-that when you told US Mr.. Merrick had
brought it from the Attorney General, it was from
| O. You had received no communication from the
President the Attorney General AS to what should
| be done with this proceedings a. No, sir.
Q. Then, far you know, there has not been
any direction any enort from the Attorney General
or the President Qeaving out Mr.. Stanbery who is
not Attorney General now to have anything done
with these papers2 A. There has been no direction,
Q. No communication@t,A. No communication
since the paper was forwarded to me to go to the
o. Did Mr. Merrlck or yourself make a motion to
have Mr.. Thomas dischargeds A. Yes, SIR.
Q. Was he not IN custody under his own recognl.
i claimed that he was but the other side denied II.
q. And to settle that question you moved his dis-
q. And that was grantedS A. IL was
Y. Did you make that notion A. Yes, SIR:
| q. So that In fact General Thomas was discharged
! from custody the motion OF the Presidents
MIR. CuRrIs-Hc has not said that.
| Mr.. BuTLER-EXcuse me. IL he was not discharged
| from custody what was he discharged fromf Dis
charged from any further detention or examination
He could not he detained without being IN custody,
could hes A. Not very well.
q. Then WIN repeat the question upon which
was interrupted, whether In fact, Mr.. Cox, Mr..
Thomas not discharged from custody, from de-
tenton from further being held to answer on that
complaint upon the motion Of the Presidents
coursely A. lie was, sir.
| q. Now, Then, sir, was that information signed by
any attorney, past, present Or to come 80 FAR you
| known A. IL was not sir.
| TESTIMONY RICHARD r. MEERICK.
Richard I. Merrick was then sworn behalf OF
respondent. Examined by Mr.. CURTIS.
| z. Where do you resldei A. reside in this city.
z. What is your professiont A. am a lawyer, sir.
O. How long have you been In that prOiession2 A.
| Nineteen or twenty years, sir.
o. Were you employed professionally In any way
| in connection with the matter OF General Thomas
before Chief Justice CartterS A. was employed by
| General Thomas, on the morning OF The I'D Of Feb
| ruary, to appear III the proceedings against him
being brought before Chief Justice Cartier.
q. In the course Of that day, the 2ld OF February
did you have an Interview in company with Gener0
Thomas otherwise with the President Of the Unted
StatesY "A. | went TO the Presidents house for tho
purpose Of taking to the President the aIdavts, de-,
lied bY General Thomas and comm ncating 10 the