The New York herald., 1868-04-19

| A. Yes, sir.
| q. Do you remember tue case of Foster BOdgett
q. what was hes A. Ae was Postmaster of Au
@ Was there any suspension Of Mr.. Blodgett il
his ofiice or in its .fntes
Mr.. BUTLER-ihat suspension must be put in ev
dence py some writing.
Mr. EvARrs-I am asking the question whethe
there was one. expect to produce it.
Q. By whom was it nader A. Made by me.
z. Postmaster GeneralY A. Yes, sir.
Q. Had the President anything to do with 1T A
Q. Did he know of its A. Not that know Of
Q. Please look at these papers and see whether
they are the official papers In the cases A. They are
Q. And 1t was on that complaint that your action
in suspending him was takenf A. 1t was.
Q; In what form did the complaint come to you
Mr.. BUTLER Qnterruptine)- complaint will
speak for itself. Let 1t be produced.
Mr.. EvARTS-We ask in what form the complaint
came to the witness. Is that objected tor
Mr.. BUTLER-No, If you mean whether 1t was writ
WitnesswIt came in writing and verbally, too
Mr.. EvARTs-On the complaint verbally and in
writing this action was takens A. Yes, sir.
Mr.. EvARTs-We propose TO put those papers In
Mr.. BUTLER asked for the papers, and after exam
lining, he inquired from Mr. Evarts whether the
counsel had the copy Of the indictment referred to
Mr. EvARrs replied that he presumed the witness
Mr. BUTLER-The indictment is all that there is of
it. We object to these papers, because very care
fully somebody has left out the only thing that is Of
any consequence.
Mr. EvARTs (artly)-Whose case do you refer to?
Mr. BUTLER-Of the man who did it.
Mr. EvARTs-Wh0 is that?
Mr. BUTLER-I do not know.
Mr. EvARTs-Nery we'll
Mr. BUTLER--This Mr.. BlOdgett Is now attempted
to be affected in his character and business and |
feel bound to take Of him. Those papers refer
to the evidence OF his misconduct, but the evidence
itself is not produced There Is not recital of
it. 1t is therefore, unjust to Mr.. BlOdgett to put in
Mr.. Randalls statement when he has In his depart
ment the fact itsefthe indictment, which has been
by somebody, to me unknown, carefully kept away.
Mr.. EvARTs-Mr Chief Justice and Senator'S the
learned correcting hmselO the honorable Managers
choose for some reason best known to themselves,
to offer in evidence as part Of this, in elimination,
an act of the President Of the United States in the
removal Of Foster Blodgett. propose to show what
that act was.
what that act was in the inculpation of Mr.. BOd-
gett, but object to these papers.
Mr.. EvARTs-l am not inculpatng Mr.. Blodgett.
am merely proving the act Of the executive officer
which you have put in as oral testimony.
Mr.. BuTLER-YOu have put In the fact that he was
removed on complaint verbally and in writing.
Mr. EvARTs-And you say that We must produce
the papers, and we do produce them.
Mr.. BUrLER-You DO not produce the complaint.
Mr.. EvARTS-We will not wrangle about that. |
present the olcial papers connected with the re-
moval OF Mr.. BOdgett.
Mr.. BUTLER-And object.
Mr.. EvARTs-The learned Manager treats this as If
1t affected Mr.. BlOdgett l put 1t in as simply show
ing an official act on the part OF the executive officer.
We want to prove what that act was
Mr.. BUTLER-Then produce the whole thing on
which 1t was done.
Mr.. EvARTs-n you want the Indictment it cer-
tainly may be produced but that Is legal objection
to these papers,
The CHIEF JUSTICE asked the counsel to put their
offer of evidence in writing.
Mr.. EvARTS-We offer In evidence the Official ac-
ton OF the Post Ofice Department in the removal of
Foster Bodgett, which removal is put in evidence by
Senator SHERMAN asked for the reading of the
papers that the Senate might know on what to vote.
The CHIEF JUSTICE replied that 1t was not usual to
read papers Oh their simply being offered In evidence
until they are actually received.
The Oner Of evidence reduced to writing as fol-
lows-"We offer In evidence the official action OF the
Post once Department as evidence, in the removal
OF Mr.. Bodgett, which removal was put in evidence
by oral testimony 10y the Managers"
evidence competent.
Mr.. BUTLER said the Managers would not object
any further.
marked "A," dated January 3, 1868, was paper
from the Post ONCE Department, to the effect that
dictment now on file in the Department that Foster
Blodgett Postmaster OF Augusta, Ca, has been in
dicted IN me United States District Court for the
Southern District OF Georgia. for perjury, he be
pended from office, and that George W. Somers he
designated special agent To take charge Of the Post
ONCE at that point. The paper marked B" Is Motif
cation to all concerned Of the change in the Oce. The
paper marked &c" letter enclosing blank
forms of the bond to be entered into by Mr. SOmers
and the paper marked "D'' was a copy Of a commu
nication to Mr.. Blodgett announcing his suspension
for the cause named.
Crosse Xamined by Mr.. Butler:-
q. Is the Post Onice at Augusta, Ca, one that is
within the appointment of the President under the
lawY "A. Ii Is.
a. was Mr. Blodgctt appointed by the Presidents
A. lie was.
Q. whena A. Sometime ago. and his appoint.
ment was confirmed by the Senate
q. Under what law did you, Postmaster Gen.
eral, suspend him9 A. Under the law of necessity.
q. Under any lawf A. Under a law authorizing
tn "A oh nf n nfYi pl.r.
am satisfied injustice Is being done by a postmast-
er, and under the practice of the department.
=. am asking you about the law now. WSwill
come to the practice by-and-by. Can you tell us
whereabouts that law Is to be fOund2 A. No. sir,
not without referring TO my notes.
Mr. BtTLER-Well, sir, refer to your notes. OF
course do not mean the unwrten law Of necessity,
Wltness-The question was whether should close
up the once or remove him. Here Is letter which
Mr.. BurLER-i do not care about your letter. I am
asking you to refer me to the law.
Witness-l can make no further reference than
have done except to my authority to appoint special
agents
q. Under what statute did you do this acts A.
do not Justify myself under any particular statute
z. Under what general statute? A. Under no gen.
eral statute
q. Did you ever communicate this case to the
PRESIDENT A. did.
q. whenS A. do not recolect. Some time after
q. About how longe A. Perhaps week.
O. Did you take any advice OF the President or
Cabinet or order before YOU made this removals
n.
q. Was the verbal complaint the same as the writ.
ten complaint against Foster Blodgett or different
A. II was the statement that he had been indicted by
the District Attorney.
e. Was there any other complaints A. There was
a copy OF the Indictment
@ Was there any other complaint than that9 A. I
do not recollect now whether there was or not.
q. Who made the complaint to your A. The Dis
trct Attorney stated TO the fact that an indict-
ment was found against him.
e. Did he state the particulars A. Yes.
q Did you ask him 20 forward you copy of the in
dictment A. No, sir
q. Did he do soS A. Somebody did.
z. DO you know who dld2 A. | cannot tell unless
he did.
q. Did YOU prepare those papers9 A. | ordered
them 10 be prepared.
g. Did you order all the papers to be prepared. A.
q. Why is not the copy OF the indictment here
a. IL was not inquired for and did not think of IL.
q. VINO made the inquiry for the paperS A. one
OF the attorneys asked me about the case.
z. You mean one of the counsel for the Presidents
a. Yes; he asked me what was the condition of the
case OF what the testimony Of Mr.. Bodgett meant;
tod hn, and said that would urnIsr All Shc orders