Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1868-04-10

ny II Competent or incompetent witness
1t was also al objection that the declara
tons bearing on the question of what wa,
the Presidents intent had not been mad,
on oath by witness. and could not be ad
united Unless shown to come within the
Recognized exceptions tc the rule.
In brlrF, no declaration of Mr.. Thoma.
conld show the Presidents intent. and II
any could they must have b zen made Il.
sworn trstmony. The managers clainc,
to have shown hat there was "a conspiracy
to rcnl"vr Mr.. Stanton by force. where;.,
the ON y evidence they had presented was
III an cnd'aror to sliuw simply that there
WIS conspiracy to remove Stanton.
Mr. Bh'ser continued End cited authori
ties to support his views regarding the nd
l'hlssihility ut declarations IN proof Of {;
q nsPlfacy made by one consprator in th,
absencr of anolilcr, He proceeded t
state that they proposed I" show throug
the rvidrncc n,:drr discl .sion that Tionl
hs intended tn use force but was prevclte,
by the arrest. He referred to the remark
OF Mr.. Stanhrry th,t they had now reacl,
ed p'ints oi law worthy to he argued b,
lawyers t" lawyers They had alrcad =
had Questions 'no.tIy Of debate by states
men 10 Statesmen and he (i,utlcr) protested
against narrowing the suij CT down to the
argument OF attorneys
| AT the conclusion of Mr.. Curtis remarks
Mr.. Bingham spoke briefly saying that tae
managers proposed to show frnn Mr. John
Soils own written confessions tn his lon.
nciilsatrd pnrlDo5e has becn to violate tiiy
law of Congress.
Mr.. Johnson then asked the question, l,
he managers proposed To prove that th,
President authnrlz ii General Thomas l..
asc Inrcr If n'c..ssiry. ,ul whether tn.
Pircidcut endorse .hc declarations If U IN
,.fal fh'n,s after they We're made
Mr.. i'ingin II SAL tn. ina.lgrrs mus
iecinr To aasser s, = neral Il q ,rs,lol
Mr. E.aft. fas. I" speak. nuD Mf. i'tng
iatn He'd atteIti"u the raic iiluIii-
ted bate IA eaci II H. tn On. haur, VII =
IN Ii, SAID .,d !. coat expired.
Tie Cncf ia. tc. IN, ,r al inau liable rr
marx. ani Ais. iiitIcr "is,Iei tu knon
All th''r these Il lesti"ns M"aii ever by dc
Il Il. So tn II tlc N s.efS Inls sht kab.s
,irtt to rris on
Fac Ch!es Isticc stated til effect of thr
ral
Mr.. Dfnke sub nittrl :lia point of oreirl
th,t the decision b1 made by ayes ana
| IdNS.
Mf. C,nkling asked that the c,nnscl f,i
,ir President b.. allowed tine for flrtle,
retila,kS. as th.v lad neen giirr 4iisap
,relrnSoI rs Ia the bearing OF the rult.
NJ. Evarts said they hl,i nut Yet EXHAUST
Cd their hour.
Mr. C,nkItns Withdrew the motian.
| In. CnirI Justice stated tilr question
10 he. whether th,. Il, stlon of Mr., 3llit.
,iioal he pat To SitrSs isa tr gil.
Nj. D:akc again nude his point Of order
,ii was not sustained.
NJ. ,!,lson died for the reading oi
his Question: to til nlD i-,ers.
Nj. boatweil stated they had drcli le /
tn AIS yrr 1t. ooii,i,lrliny 1t too nuos, III Il,
| Nature ol an arynrrnrnt,
fuc yeas aul n,yrs b..ing demanded
were taken IN rcSa.trd 3Jtn IL
| Nj. iuttrtga WIS thea caIitd and 3 al
that Oh tn evening of TIL. = i,t of FciDlu
,rr, he wcht To see General fno mas al hi.
reside, CO. ;e.iefal rno,,aS tod hn e
hId been ap ,oiltr Secretary of war ai
,atsrim ii ii gnn to ih department a.ri
H.. " III led p,ss,.ssint. Mr. StanJnm ask. Il
III II il he would .lve him time to rr'nov
his papers. Witness understood Thomas
10 say he h ID already isslcd orders AS See
r.tary OF war. ii,- also SAID he int,n led
To take possession at 10 oclnck la reply
10 inquiry by witness L ON Is said h W, ,,i {.
u.s.. totcr tu obtain posse ssioti II 1t Were fc
fused hm.
| Nj. i,itl.r asked witness if he h,l anv
cpnv.rs ,tol with rh,Mts while he VA,
acting as Aljutant General.
Mr.. Erarts nq ircL what date the qn's
tior ,p ':ri 10.
Mr.. 3u,l,r said hs appointment " thai
oiicc Mas naa. ahnat u week before he At
6 ,iptct tn stln p,ssessioa OF tho War ~
partln mt
Mr. Evarts asked what was the purp"sc
of the testimony.
Mr.. Batter SAID it was to show that Gen
eral Thomas had nttr,nprd I" srdnc
his brother oilcrrs tto II il,'i, daty ! i't a.
.Ahsalo.n had sat at the gates and taed t'
draw oft the people from their aiits"'act L"
King David.
Mr. Evarts-Do your intend to put Alb
salnn into your qn"s ion
Mr. Builrr--No used him as an Illus
tratlot,. (Laughlvi)
/ After rrcrss of Is minutes Mr.. Butler
read the question he pr"p"sed to rn, the
witness us To Nh,t Ii, hri h',rl Ih"
as say to the clerk nj the War O.lioe da
ring ll,. week pti"r to 'ly 2lst.
ii, t.v,ts ol,j 'ctci "I th' sf"anl oi II
relAany.
Mr.. Batter m, l.. short reply.
Mr. Evarl. +. j,lhrd. ir!ril that tn
rul,uL ~ ilic.i prs.uitrd iiic hIir"iactl"ii I"
the Il c.ar,ilul made .hsrl ;rntl!! Ia t""
rurarY Il At. allowed ;hr ptrSruiit."i o1
tii. ,l,.ti.rutlnis nd. prrNi,i> I" llIai tii''-
r,er. i,,ii hr..ntl p;u,t Il ilt'rd II sn.'
port u. tn ass-tlinus aud viuitn ir
,n.rHs M de- b III. Gcnrra! lhoMaS, ani
the, w,r.. uac. led lar, certainly ut tEt
pre- eat iihir.
Mr.. Bn ,blm argued briefly in rep'y
an cited ,itlr,lJrs III sitport 0I tht p
sillon OF the nll!lasrrs'
Tne Ch,efJls ruled that the qr'stln''
conId not b pa', M cyl ,iice h'rii- h"ei
Offered in pro II III consplricy before Feb II
| he uu .stlon WAS suhnittrd and the
yeas an'i nays resulting in the y"te OF -
to -, and the question WAS pnt.
, W,Iness beard fn,has make m adrrss
to ana nher OF clerks ia the War O.li;'
about week rtrn days prinr to Feb. Il ST
il, walsh he s,il he intcGdrd to relax tli,
harsh / d arbitrary rule made by hl'pre
+ d.ces.or, Al, reguliu. H.. clerks AS gen
tle.trll they c'ulI gn"ut and ca ne IN whr'
they pleased. II they were absent only
reason,be II ne.
Mr. Hlier asked if Mr., stanton has ac
. knowlcdrrl that the trstlm my given b,
witness before the House Connittee wa
true.