Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-04-17
The ImpeacIlnent.

by The Court Mr.. CONFESS, moved today this
order" on the table; and, by % to II, Mr.
Summers project was tabled
Mr.. Walter S. Cox was the first witness
sworn. This testimony being objected to, the
Presidents counsel stated that they offered to
prove by the witness that the President had
employed him tostake proper legal steps to test
the question of Mr.. Stanton 8 tenure Judlclally,
and that he did so. TO this MIR. Butler made
a long objection for the second time. Mr.
Evarts rejoined in calm and argumentatlVe
style. Mr.. Butler rejoined with another long
speech, in concluding which he lnsolently said
the opposing counsel should be estopped from
misre presenting their opponents. Judge Cur
tbs answered politely question OF Senator Fer,
ry, and then sat down, rcmarklng that MI
Buffers speech required no reply. MIR. Will
duce their bundle of accusations to a single
count, viz: the appointment of Gen. Thomas
Mr. Eyarts replied to Mr.. Wilson briefly. At
ter, few words more, the Chief Justice pro-
ceeded to give his o piuion. Citing the first
article of impeachment, and the decision of the
Senate 10 admit the evidence Of facts on the
22d of February, both against and Tor the Pres
ident, he decided the present evidence to be
within the principle of former decisions. The
yeas and nays being called tor, this decision
was sustained-yeas 90, nays 81. ID. -.
Mr.. Cox then narrated how he had been
sent tor by the President on the 22d, and IN
structed to take legal proceedings to test the
legality of Mr.. Stantons tenure OF othce-Mr
Butler trying, as he went along, to keep out
the testimony, and not succeeding very well,
taking his revenge by offering impertinence to
Judge Curtis. Mr.. Cox detailed how, finding
on examination that TO sue out writ OF quo
qva7ranto would take year, he concluded that
to sue out writ Of habeas corpus IN the case
of General Thomas would result in a speedy
adjudication. When Mr.. Cox came to the
proceedings before Judge Cartier Mr. Butler
felt that the facts of that trial we're too damag-
ing to his case to be suffered to pass unchal-
lenged. He did his best, therefore, to keep
them out but again the Senate puthim down,
by 81 to 90. So this important evidence was
admitted, and was given by Mr.. Cox. 1t was
evident, therefore, that the earnest purpose OF
the Presidents and General Thomas counsel
to have the question settled by the u. s. SUI
preme Court was defeated solely by the trickery
of Mr.. Stanton's counsel, aided by the Judge,
who did not scruple to lend himself to this
partisan purpose. .s.. Isl: ...#
A subsequent interview with the President
was offered, designed to show the proceedings
in relation tothe suing out writ OF quo a00r
ranto but was not admitted by the Senate.
The next question was, what further steps
we're taken by Mr.. Cox under the Presidents
direction?" This was Objectionable, ofcourse !;
but by very sensible suggestion OF Senator
Sherman, the fifth article of impeachment was
read. This changed the view of the Chief
Justice, who had at first thought the question
inadmissibe, and it probably fixed the vote OF
the Senate, who allowed the interro gatory by
4 vote Of 81 yeas to % nays. The witness then
stated some initial steps taken In respect to a
writ OF quo q0a7rut,eto, 1t will be noted that
all this time the attempt to put notorious, IN
disputable and pregnant truths in evidence,
was resisted by the managers After the re-
cess Mr. Butler made a long cross examination
OF Mr.. Cox, trying TO create the impression
that the witness and his assistant counsel we've
responsible for the failure to carry the case be
before the Supreme Court.
Mr. Richard II. Mcrrick who came next upon
the stand gave his testimony in very clear,
orderly, and impressive manner, leaving not q
single point misunderstood lie had been en-
ployed as counsel by Gen Thomas on the
morning Of the 22d Of February, and appeared
at the preliminary examination. lie then
went to the President House, and there saw
the President and Attorney General Stanbcry.
The Attorney General desired him to examine
and see if the matter could not be carried I'M
mediately before the Supreme Court by means
ola writ of habeas corpus. ," On Monday fol-
lowing be and Mr.. Cox, counsel for the Presi-
dent, both agreed to pursue this as the speedi-
est course to get the matter up. On Wednes-
day the case came up before Judge Cartier,
who was then sitting and holding the Criminal
Court. The Judge said he would hear the
case asin chambers, and did not adjourn the
Criminal Court. Stanton's counsel moved to
postpone; Messrs. Merrick and Cox asked i'm
mediate trial, on account of the great public
questions involved The Chief Justice inclin-
ing, evidently, to postpone, Mr., Merrick
moved to transfer the case from chambers to
the Criminal Court; but. this Judge Cartier
overruled. +. - u IL w H..
At this stage Mr. Butler rose with his custo-
mary iDsoence of manner, and said he want
ed to clear his skirts of this evidence. It goes
(said he) in by direction of the presiding off,
GER" Judge Chase at once arose with dignity
and emphasis saying. 1t goes in by direction
of the Chief Justice under an order of the Sen
ate Of the United States ..-.
Mr.. Merrick resumed. A petition fora writ
of habeas corpus was then presented to Judge
Cartier, argued and refused, the Chief Justice
declaring that the party was not in custody,
and he did not propose to put him in custody.
Stanton's counsel declared they did not de-
sire bonds, or the party to be put in custody,
Judge Cartier declared he would so rule, and
then, on motion of defendants General Thorn
as') counsel, the prisoner was discharged.
Mr.. Butler, on cross examination, asked sew
eral questions Of Mr.. Merrick in respect to
Gen. Thomas personal movements at particu.
lar hours of the 22d February, and because
Mr.. Merrick did not remember these as precise
ly as he did the important case he had argued
in court, dropped the examination with an i'm
pertinent insinuatiop. Nothing could be more
ridiculous and idle than for a man of Butler
standing to attempt to discredit gentleman of
Mr.. Merrick' position in this community. (
Mr.. E. O. Perrin, of New York, was the
next witness. He had gone with the Hon. Mr..
Seelye, of the Rochester District, New York,