New-York tribune., 1868-04-14

him naked Tor the ayenging hama OF lusllce 70 feacu nun
Mr.. EvARTs~Mr Chef Justice and Senator's cannot
TO leave matters misrepresened My learned
associate, arguing hypothetical case asked whether
II evidence elected on the question OF Judge sh9ua pe
1amination 1t had not the remotest application
TO- as must have been apparent 10 every hteiinsent
Senator connected in the least with the evidence
given The evidence given II agreeable to the Managers
extremely satisfactory to us On inquiry OF the PreS
not make up case without dd interim appointment,
the President said IL could not De done Dut thsI Tne.
Senator DAVIS inquired of the ChiefJusiiee whether
the question proposed by Senator johnson had been fuy
TSe CHIEF JUSTICE said it WAS impossible for him to
reply that question, the witness only could reply 10
Mr. DAVIS asked that Senator JOhnsOns questions be
They were accordingly read.
The CHIEF-J USTICE ruled the objection made 10
the Questions proposed by Mr. stanbery that II was
matter entirely within the discretion of the Court but
that 1t usual under such circumstances 10 allow
counsel TO continue the inquiry relating To the same SUD
ject matter. .,...-
The questions and were read by the reporter
and then Mr. Sanberys question was put to the witness
follows Have you answered as TO both oceasionsi
WitnessThe question first asked seemed TO RESTRICT
me 80 closely 20 fhe purpose that endeavored 10 connne
myself 20 that point alone the first day or the hrst IN
teryeH In which the President offered me the appoint
ment ad interim, he confined himself to general terms
and @ no % definite @ & SS t 5e S the
puts it. was the incrylew during which he made the
ing to tho constitutonaity OF the bin known the Ten
ure-OfOice Act 1t was tho cOnsttuti0nalty Oi tnat p
said II it could be brought before the supreme Court
properly 1t would not stand half an hour he also spoke
Of force first said that II Mr Stanton would simply re-
tire although it against my interest against ny de-
sire against my Personal m wishes ia ana 5 ,be
Office ad Interim Then he supposed that the point was
yielded and made this point; s9pPosag & Mr stanton on
opposition You present tho order and he viii retire
expressed my doubt and he remarked 81 know nun
COurtl then begged 10 be excused from al answer.
gave the subject reflection, and gave him my hna
In writing think that letter or you insist on
knowing my vieWs should n evidence and not pa
role evidence taken of it, But my reasons for declining
Senator HENDERSON submitted In writing tho follow
Is The President, on either occasion alluded eIrre you
ycon resolution demnon to remove hr stanton IRON biz Oh
witness-u by removal is meant removal by force he
never conveyed TO my mind sueh an impression but he
intercourse with him IN the relations oil President ana
senator HOWARD proposed the following question in
writing: ,,, ,,r,,...,.u,,,
yield what then was to be done i Oh" said he there
presentation Of an order he will retire"
Senator HowARD-is that fun answer to tho quss'
Wtness-I thinkitis.
Senator HENDERSON proposed the following question
opinion ,ei, to = 's; psi y On 81 .ie:s :. q ,l,:. q.
pumsnt aud what Se dd you give or "ha opinions did you
mir BIHGHAM-That We must object TO.
Mr. BUTLER-That question has been oyerruled once
TODAY.
The CHIEFJUsTICE put the question to the Senate,
and the Senate refused to admit It,.
Mr. sTANBERY said that he had no further questions
Mr. BIrTIER did not know that the counsel for tho
President had anything to do with the examination.
The CHIEFJTsTICE asked the Managers whether
they desired 70 crosse famine ram the witness M asr o,
ask him any questions, but they would probably call him
Gen. sherman replisd-I am summoned before your
Mr FVART5 insisted that the DISCRIMINATION should
ipfor al
stand.
Mr. BINGHAM-we do not propose to crosseIamlne
Mr. EVARTs insisted that the Iamlnation should
Mr. BINGHAM remarked that the counsel for the Pres
ident had asked saturday FOR leave to recall the Wit
ness and that Tic Managers hen made objection. II
for the Senate 10 determine whether the Managers
y Mr EVARTsWwe have no desire to be restricted
these rules but We desire that the rules be equally Sci
The CHIEF JUSTICE remarked that uEder the rules
witness should be but that was for
the Senate TO say whether they would allow them to be-
Mr TTsii nd hs Sss e o1ea 40 not By ssr
examine him We take our own course in our way
MG: Il. ;. MEIGs RECALLED -.
Mr. STASBERY asked the witness 10 read from his
records OF the case OF The United States ag 10
reng0 IhOmas .., 49,.
than the minutes from which the record TO beck
The GHIEFJUsTiCE asked the Managers whether they
Hr. BuTIER-I have objected.
The CHIEFJUSTICE directed the question 10 be re
duced 10 writing. Having reduced to "rtin6Hwa'
read, as follows: . -,
O. Have you got the docket entries ms to the disposition
Of the case Of The United States agt Lorenzo Thomas
II -O will you produce and read themi
The CHfEF'JUsTICE-The Chef-Justce thinks that
this part OF the transaction. lie Wu put the
question 10 the senate, IL any Senator desires t.
No vote having been called for, the ChiefJustice
directed the witness 10 answer the question
The witness handed the record TO the reading clerk
who read az follows:
5ilUusi States sgt IoTsrto Thomss warrant for bis ar
re,, By Hon Chief Jae. Carter s oas oE stan
charge Of hgh memeano that he dd unasuy
.eept an appointment the ccs Of Secretary War ad fur
Marshal eeogn.nee for hs on ho1
day discharged by ChfJuse. Cartier motion Of De
fendAnts counsel
The witness was not crosse ramined.
Senator JOHNSON moved that the Court do now ad
journ.
Senator HENDERSON called for the Yeas aud Nays
but they not ordered
The question was taken by division, ana the motion
was carried by "a TO 10.
so the Court, at 4l5, adjourned