New-York tribune., 1868-04-04

OF those gentlemen Who having read his speech can
I'll there - T. tra1scrpt of thar speech from your know
edge of IT, having heard IT, having written IL down IN
the Presdens private secretary, and having again
written IL from notes for publication then having
examined 1t immediately after 1t was puDlshed-iroin ali
these sources knowledge you say that this is cor
rect copyf Thereupon the counsel for the President says
he cannot. How does he know that How does ne know
that he cannot repeat every word OF 1t The difficulty Is
that the objection dOernOt apply and would content my
TO puf before the senate an argument the ev
dence OF stenographc reporting Allow me to state once
for ell two authorities ON this point do not nteha 10
argue the point hereafter because know that IN dong
so should be playing INTO the hands OF that delay which
has been so often attempted here. In OConnes case
10 prove his speeches that great trial. and no trial was
ever conducted with sharpness or bitterness. the
newspapers introduced containing what purporten
TO be MI oConnels speeches, and the only proof ad,
duced that the papers had been properly stamped
ing that Mr. OConnen allowing these speeches
to go FOR months without contradiction. must
be held responsible for them. In the trial OF
James Watson for high treason, the question arose
whether copy might be used which was made even even
from partially oblterated shorthand notes and after
argument, the witness allowed to produce tran
script Now while this authority is not exactly to the
In these questions because heard the crossexamlna.
tion as to the merits OF Pmans system OF writing, and
as to whole system Of stenography BENG an available
means OF furnishing information
Mr.. EVARTs-The learned Manager is quite correct in
saving that do know but that this witness re-
peat verbatim the Presidents speech and when he offers
himself as witness to do shall not object 1t is en-
try competent for the person who has heard speech
10 repeat il under OATH he asserting that he remembers
il and can so and whenever Mr. Cephane undertakes
that fact IL il within the competency OF evidence. An
other form OF trustworthy evidence is the reporters
notes. Whenever that form admitted and when the
witness sweas that he believes in his accuracy and COM
petency as a reporter shall make objection 10 that
as not Trustworthy But when the learned Managers seek
the witness applying either FORM and seek to put
neither upon his present memory nor upon his own
failed TO detect inaccuracies the newspaper report
published the subsequent day. and thereupon to give
credit and authenticity TO the newspaper reports upon
his Wholesale and general disapproval OF IT, then You
must contend that the sacred right OF freedom OF speech
is sought be invaded by overthrowing certainly one
OF the most responsible and most important projections
OF IT, and that the oath Of somebody who heard and can
remember or who has preserved the aids and assist
ances by which he repeat IT, must adhere IN court
Ofustce and we not TO he told that t Is technical 70
maintain in defense OF what has been regarded rs one OF
the comnOnest aud surest rights IN any free country
freedom OF speech that whenever 1t s drawn In question
it shall be drawn in question on the surest ana
most faithful evidence The learned Manager has said
that you familiar, as part OF the daily routine OF
your Congressional duties with the habit OF stenographe
reporting and with the reproduction OF speeches III news
papers. and that you rely upon ha6ltualy and may
add are accustomed habtuay TO correct your reports
Correction Is the first demand OF every public speaker
correction and revision Win those reports dependeht
writer may Incorrect judgment he formed against
a man as TO what was said by him And now, when
sedulousy this newspaper has undertaken tha no such
consideration Of accuracy should be afforded to the Pres
dent of tho United states in order that that speech
should be spread before the country with al lts IN
perfectons. o.,
Mr.. BUTLER, interrupting-I pray, corrections, Sir
dents private secretary should not go TO tho public
Mr.. EVARTS-Tho instructions OF the editor we're that
the speech should DO reported with it, mperecons as
caught by the hand writer without the opportunity
for that omission which any public speaker at the must
ngs or in the halls OF debate, demands primary ana
important right. Whenever, therefore, Mr.. Clephane
shall rise aud speak from memory swearing TO his aeeu
as In the Watson case foundation for the proof OF
fered in this case will have been made.
Mr Tinker was again called by Mr.. BUTLER, and made
the following statement YESTERDAY when was called
upon the stand attending O my duties in the tee-
graph Office in the gallery I hadn't moments notice
that to be called then telegraphed to the ofee
for tho manuscripts contained In the Passages that were
there that had been previously eiamned about before
the Managers those documents were eronght to me by
stand and last night deposited them 10 the office OF the
those packages the stand, and Iopened u here sup
posing II 10 be tho one on which vas TO be exam
med but when saw the reporters were put 10 some
trouble about IT, went to my office while SIR Clephane
WAS on the stand, AMI have now got the speech tee
graphed BY the Associated Press on the 18th OF August
Mr.. sTANBERY-what document was that which Mr.
Butler handed h, TO y9u wsnessn saI ess.naed a.
Mr. ANBERY is speech Of the 18th Of
Ir BurLER-That is the 22d Of Februar:: speech.
laughter You VIII flnd out what that document ~ la
good time. gentlemen. Laughtcr.l
To the witncss-Now Sir. will you give me the docu-
men, asked fori Document produced
o. is this the document you supposed you was testify
ing about thenf A. les, SIR
O. DO you give the same testimony about that
Mr. sTANBERY-That won't do, Butler We VIII give
you all the delay possible. llaughterl
TO the wtnessNow, sir. viii you tell us whether this
marks OF having been sent ii is taken from the files Of
the day. - -
any doubt of It's having been sentf A None whatever
Mr. CURTIS OF Counsel, objected to the Witness
Alter that speech was sent out did you It pub
shed by tho papers a. the a Aiofaed rreS' repor' A.
o. Was that brought 70 your office for the purpose OF
being transmitted whether u was or not A. dia , not
personally receive but 10 10 among the Associated Press
dispatches sent on that day, . - ..
tIHT 4 ynu a
say II you any OF your handwriting III Hf A see
WAT that yon have got therei 1t report of
the speech made by the President on the 18th OF August
y mnae yo,i on ever seen Mr. Moore write A. good
many wears ago when used TO report for Ihe Adonal
TnehgeHcer, aud was a reporter for me Bd'E"go"
q. lie was a reporter also A. Yes, Sir.
o. Arc there any corrections made Ia that reporti A.
o Did you sec any Of them made ! A. No, Sir,
q. Is that tho manuscript that wa pi.Iisu w uo %
Presidents ofico A. think II isi am pretty certain
% .. SO doubt in your mind A. Not the least g..
q WAS tho President there 10 correct III n NO, SIR
8 Then he dlnt that great constitutional
right Of revision there 10 your knowledge A. uo ho'
"a ~ In Ia VIM Enow whether Col Moore took any mem
ortnda Of that speech A. do not there was quite
cr9"V viii yon pek out aud lay aside Sir the portions
that aro in your handwriting WitnesS selects portion
% tue po Soa think you have ALL Sir that was in
your aa6aTTitIes Ssm,nes BY 4 NJ ~ sTsySIhrs.
O. You have selected the pages that are IN Your hand
writing: YOU have them before youi A Yes sr s ,o,o
| "a How large proportion do they make OF the "hoio
| manuscript A. fcould hardly tell . ..ou.or,u,
% Now was this whole manuscript made as Iahsot'P'
,r,, sonr hottest A. This part that wrote out was
whole sT To ne Sar a. M Sat S5 You now hold in your
,hot "a a. produced from the stenOgrapniY " 8si
naic Which YOU have brought in evidence befe A"fes
q Did Won write ont yourself from your senoglaph.
c oes following the latter with your eyes " were
notes read 10 you by any other person. a, WI, "
from INV own notes reading my notes which wrote
O. Have you made any subsequent comparison oi ~ ile
manuscript now In your hands "lth your s'cpoS"p'"0
| notesi A. have not ., A A vary
O. When This completed on ygEr Padi'' q" '0''
few minutes atter % Win ,he after you went