The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-13

Hardy and Lord Gordon and claimed that tn
decisions then made are preeedents to determine
tie resent questit n.
Butler r, Joined by saying that the manager
in attempting to introduce Cooper testlmon.
| sought to prove acts, not cohVersauon' LII tn
course of his remarks he referred to zen
| Thomas. weak, vacilaling old man, pampere,
by a little pride and fit to be tool. He sal,
the counsel had tried to influence the Senat,
by reading simple arguments of lawyers ant
claiming them for authority, and this attemp
| he characterized as unprofessional.
| Mr.. Stanbery rose and called on the Chic
| Justice to put stop to such aspel sions agains
his conduct, stating at the same time that ht
| read the arguments only as explainir the de.
cisions made
MIR. Butler resumed and spoke at length with
more than usual vehemence, arguing on the
rules OF evidence, rejecting on MesSrs. stan
berry and thomas and claiming again IN con-
clusion that the Senators were a law unto them-
selves.
Mr.. Evarts quoted from the records of this
| trial to show that Mr.. Butler had assumed the
same position and done the same thing which
he now denounced as unprofessional in Mr.
Stanbery.
MIR. Evarts then went into the merits of the
question in dispute.
Gen. Sherman testified that at the second in
terview the President again offered him the ap-
polntment of Secretary OF War dd interim.
Mr.. Stanbery endeavored to examine the
witness as to whether the President stated
mat his intention was to get the matter before
the Courts.
Messrs. Bingham and Butler objected stimuli
taneously
MIR. stanbery said he had the right to offer
interrogations.
Mr.. Butler argued that being the Court of
l1cf
dence that had been ruled out 1t was some
times allowed in inferior Courts for the pur-
pose OF making writs of error or bills OF ex-
cephonS to ruling.
Mr.. Stanbery did not understand the ruling
was upon a specific question. .-..
Mr.. Butler called attention to the admission
by counsel that the question was within the
ruling. He expected 1T to be ruled out. 2
MIR. Evarts argued that although this was
court OF resort, it was entirely competent to
0rlng 10 the notice of the court evidence sup
posed to be admissible; that it might be a mat
a. OF argument, while the general converse
ton could not be admitted; the witness might
be permitted to testify upon specific point.
BY direction Of the Chief Ju tice the ques-
llon was brought to writing and handed to Mr.
Butler, who objected to it as outrageously head
ing in form and Incompetent under the rule
The question was, ''In either of those CONVEX
satlons did the President sa, to you that his
object in appointing you was that he might
then get the question of Mr.. Stanton's right to
the office before the Supreme Court" rAlFa
Senator Howard demanded the yeas and
nays, and they we're ordered. The vote was
taken and resulted-yeas Z, nays Al. ~
MIR. Stanbery said the question was uudoubt-
ly overruled on the form, and be proposed
TO cuange the form.
The question was written out and handed to
Mr.. Butler, as follows: "Was anything said at
that conversation by the President as to any
purpose of getting the question of Mr.. Stan
tons right TO the Office before the couris."
Mr.. Butler said this was the last question
without the leading part Of it,; he argued that
II was settled rule that counsel having pro.
duced a question leading in character, they
could not afterwards present the same Ques-
tlor without the leading part. The rules of
evidence are founded Oh good sense, and this
rule, too, is founded on good sense; it is found
ed ON proposition that the counsel could not
put leading question to a witness to instruct
him what they want to prove, and then alter
IL IS over uied to put the same question with
out its leading form; of course that was not
meant here, but think the Senate should not
allow itself to be played with in this way; il
you choose, he said, to sit here and have the
yeas and nays called, / can stay as long as
anybody.
Mr.. Stanbery disclaimed any intention on
the part OF the Presidents counsel to descend
to that form of controversy; he was not in the
habit OF making factious opposition before any
court. high or low, and especially not before
this body; he repealed with some warmth the
imputation that they had asked the LEADING
questions in order to gain tune; this is a matter
Of great Importance; the interests of oarclient
are ID our hands, and we are to defend him as
best we can.
The question was further modified, but over
ruled by the Senate without division
Senator Henderson sent up in writing the
following question to be put TO the witness
DID the President in rendering you the APP
polntment OF Secretary of War dd interim ex-
press the Object or purpose CT so doing? %
Mr. B'n9 ham objected.
Mr. Dooltte wanted to 90 into consultation
on the subject, and as there might not be time
TO- might moved that the Senate adjourn. Not
agreed to.
Mr.. Henderson's question was then rejected
by 25 to q. I1I
At haf-past Senator Trumbull moved to
adjourn. Disagreed to-25 to q.
Mr.. Stanbery sent to Mr.. Butler this cues
tion: AT either of those interviews was any
SAID IN reference to the use of threats, intimi-
6a siops OF force to get possession of the War
Objected to, and ruled out without division.
While the counsel was deciding whether
tney would pursue the examination of Gen
Sherman further, Senator Anthony moved to
adjourn.
Mr.. Butler, in reply to the inquiry of Mr..
Conklng said, the managers did not propose
to cross-examine the witness.
Adjournment was refused-20 tc 3d.
MI Stanbery then arose and said Mr.. Chief
Justice and Senators,-I desire to state that
uhuer these rulings we are not prepared to say
that we have any further questions to put to
Ten. Sherman, but as it is a matter of so much
Importance we desire to be allowed to recall
Gen- Sherman on Monday, if we deem it
proper to 60 So
Mr.. Butler rose and commenced to object,
saying: We are very DESTROYS that the exam
nation of this witness should be concluded"
Before he could conclude the sentence, Mr.
tion.' Ha a III T'9N1
Toe Court then, at quarter to o'clock, adj
!ourned, and the Senate Immediately after ad-
journed. isSt.. ,asa aa af'ssk ~.
HOUSE.
Mr.. Woodward introduced bill to enable
the President to order the Attorney General
to draw up a feigned issue to test the consti u
tionality of any act which the President may
have vetoed and which may be passed over his
veto. Referred to the Judiciary Committee.