The New York herald., 1868-04-03

| oricer when the same shall be taken"
At the suggestion of Mr.. DRAKE rule seven was
| read As proposed to be amended it provides that
| the Chief Justice shall rule upon all questions OF
evidence and incidental questions, &C., in the first
| instance.
/ Mr.. HENDRIcKs-I suppose by the rules it stands
| over for one day.
| The CHEF JUSTICE-lf any Senator Objects
Mr.. CONKLING-Under what ruler
| brief colloquy ensued between Messrs. HENDER-
SON and C0NKLING, naudibe in the Reporters Gal
| lery.
| Mr.. STANBERY, Of counsel for the President, then
rose and said-Mr. Chief Justice before the Managers
proceed with another witness wish to recall for
| moment Mr.. Karsener.
| Mr. BUTLER, OF the Managers-I submit that If
Mr. Karsener is to be recalled the examination and
I crossexamination having been finished on both
sides, he must be recalled witness OF the respon-
dent and the proper time to call him will be when
| they begin their case.
| Mr.. STANBERY-We will call him but for mo-
| ment
The CHIEF JUSTICE ito Mr.. Butler)-Have you any
| objection to his being calleds
| Nr. BUTLER-NO, sir.
George Karsener took the stand again.
| Question by Mr.. STANBERY-Mr Karsener, where
| die you stay that night on the 9th OF March when
you had had this conversation with General Thomasa
A. stayed at the house or Mr. Tanner.
| TESTIMONY OF THOMAS W. FERRY, MEMBER OF con-
| GREsS.
Mr.. Thomas W. Ferry. a member of Congress from
Michigan, was next called, and, being sworn,
| amined by Mr.. BUTLER as follows:-
Q. Were you present at the War ONCE on the
| ing of the 22d OF February, when General Thomas
| came there2 A. was.
| @. AT the time when some demand was madeG A.
Yes.
q. State whether you paid attention to what was
going on there and whether you made any memoran-
| dunn OF it? A. did pay attention. and made
memorandum of the occurrences so far as observed
them.
| Q. Have you that memorandum with your A.
| have
q. Please state, assisting your memory by that
memorandum what took place there, in the order
as well as you can, and as distinctly you cam A.
| The memorandum covers the occurrences as dis
tincty ! possibly state them; wrote it i'm
mediately after the occurrence and it is more
accurate and perfect than can state from memory.
Mr.. BUTLER-Unless objected to, you may read it.
| Mr. STANBERY-We shall make no objection.
The witness then read the memorandum as fol-
| 10 VS.
WAR DEPARTMENT !
WASHINGTON CITY, Feb. %, 1868.
In the presence of Secretary stanton, Judge Kel-
| ley, Mr.. Moorhead, General Dodge, General Van
Wyck, Mr.. Van Horn, Mr. Delano and Mr.. Freeman
General Thomas came to the office of the Secretary
| of War, saying Good morning." The Secretary
Thomas sad ~ do not wish to disturb these gentle
men, and | will wait" The Secretary replied,
Sos Pya here r." SIR what DO wan
render the Secretary OF War Ofce. Stanton denied
it to him and ordered him back to his
fused TO go, and said, al claim the Office of
Secretary OF war, and demand it by order of the
President" Sant0n-"l deny your authority to act
on that order, and order You back to your own
Office" Thonas-"I will stand here. l want no
unpleasanness in the presence OF these gentlemen
Stanton" You stand there If you please, but
you cannot act as Secretary OF War; am Secretary
of War and order you to get out of this office to
your own" Thomas-"I refuse to go, and will
stand here" Stanton--"IIow are you to get pos
session. Do you mean TO use force9' Thomas-"I
to what am to do. l want no unpleasant
ness. ness shall stay here and act as Secretary OF
you as your superior, back TO your own
office" Thomas-"I viii not obey you, but
you please, but order you of THIS ONCE to your
own Office am Secretary of War;" Thomas then
eral schrivers Office, and commenced ordering Cen
eral Scrivcr and General +. ID. Townsend. Stanton
entered, followed by Moorhead and Ferry, ami
ordered these officers not to obey pay arg aea-
ton TO Thomas. lie said, ~ deny his authority
Secretary of War "a interim, and forbid obetence
to his directions am Secretary of War, and now
orcef you out OF this office to your own oi'ce.r
Thomas-.I shall not go; shall discharge the func-
tions Of Secretary Of WARP Stanton-"You win
not" Thomas-'I shall require the employees OF tue
war Department to deliver TO me the mails and shall
transact the business OF the ofcen Stauton-.sY on
shall not have them, and now order you to your
own ofice.o
Cross.examination by Mr. STANRERy:-
Q, Did the conversation stop thereS A. So far rs
heard 1t did.
Q. You then left the onlce2 A: did, ,e,, Gene.
ra' InoInas In General Schrvers room and returned
to the Secretary of Wars room; the Secretary OF war
remained for few moments IN General Schrivcrs
room and then returned to his o'Sn room
q. How early on the mornr.p of the 22d did Won
go to the office of the secretary OF War; A. My i'm.
preston is it was about quarter past eleven O'Clock
q. Had You beec. there at all the night before
A. had not h2en.
The storm which passed over the city made tie
hal SO dark that the gas had to be lighted at this
point. The testimony was then resumed
g pa vow hear The order given by General Thomas
In General Schriver's roomY A. Yes, cir.
o. We're YOU In General Schriver's room at the
timer A. Ibelieve was the first who followed Mr..
| stanton into schrver's room and Moorhead came
TESTIMONY OF GENERAL EMORY.
Genera, william ii. Emory sworn and examined
by Mr. Butler.
| q. What is your rank and your command in the
| armyS A. am colonel OF the Fifth cavalry ana
brevet major general IN the army; my command is
the Department OF Washington.
| q. How long have you been in command of that
depertmentS A.. Since The Ist OF September, 1867
| q. soon after You went into command of the de-
partment did you have any communication with the
President of the United states as 10 the troops in the
department or their stations2 a. Yes.
q. Before proceeding 10 give that coversation state
10 the Senate the extent Of the Department OF Wash
| ingon-its territorial limits. a. The Department of
Washington consists Of the District of Columbia.
Maryland and Delaware, excluding Fort Delaware
.. state well a. you can, and II you cannot give
II ALL the substance Of your coversatlon which you
had with the President when you first entered the
| command. a. II is Impossible for Inc to give any
thing like The coversation can only give the sub
stance OF it; il occurred long ago; he asked about
the location OF the troops, and told him the strength
of each post and as nearly as I could recoect the
| commanding officers Of the posts.
| o. Go on A. That was the substance and impor-
tant part of the conversations there was some CON
vcrsatIon TO whether more troops should be sent
1 here or not, I recommending that there should be
troops here, and referring the President to the
| report Of General Canby my predecessor, recon-
mending that there should be always at the seat Of
government least brigade of infantry, q battery
L - illnr, nf