Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-15

from the reports of the State trial of Hardy
and Lord Gordon, and claimed that the decis-
ions then made were precedents to determine
the present question.
MI. Butler rejoined, saying that the Man
aeert, in attempting to introduce Cooper g
testimony, sought to prove acts, not converse
ton In the course of his remarks, he re-
ferred to Gen. Thomas as a weak, vascillating
old man, pampered by little pride, and fit
to be tool.
He said the counsel had tried to influence
the Senate by reading the simple arguments
and this attempt he characterized as unpro-
fessional.
Mr.. Stanbery called on the Chief Justice
to put stop to such aspersions against his
conduct, stating at the same time that he
read the arguments only as explaining the
decisions made.
Mr. Butler resumed and spoke at length
with more than usual vehemence, arguing
that the rules of evidence reflected on Messrs
SIanbery and Thomas, and claiming again,
in conclusion, that the Senators were a law
unto themselves
Mr.. Eyarts quoted from the records of this
trial to show that Mr.. Butler had assumed
the same position and done the same things
/
Stanbery. Mr.. Evarts then went into the
merits of the question in dispute He cited
and commented on numerous charges made
in the articles, which imputed evil intentions
to the President, and argued the admissible
tv of the question in consideration OF law.
reason and Justice. When he had finished,
the Senate took recess for Is minutes.
On re-assembling, Mr.. Wilson read from
the report of the Hardy trial, to show that
the position taken by Mr. Butler, in reference
to its bearings WAS correct, and insisted that
the declaration of the President might have
been made solely with the purpose of con
cealing his intent. The effect of putting MIR.
Stanton out would have been to prevent him
from applying to the courts, and decis
ion could not have been reached.
The Chief Justice re-stated his opinion
that the question was admissible under the
ruling of yesterday, because, like that asked
Yesterday, It's purpose was to elicit testlmo-
ny regarding the intention of the President.
4 conversation occurring shortly before the
commission of an act was as admissible as
that concerning one which took place after
ward, and even more so.
The yeas and nays were taken and result
ed N a vote of % to Is, so the question was
not allowed to be put.
Mr.. Stanbery then asked Gen. Sherman
.'What do you know about the creation of
the Department of the Atlantic -
Mr.. Butler objected.
HE Chief Justice submitted the question
of admissibility, and the Senate, without a
division decided in the negative.
MIR. Stanberv then asked the witness if the
President had rendered him the position of
Secretary of War ad interim.
Mr.. Butler objected
The Senate decided that the question could
q l. i 4 i =.
President rendered him the office of Secretary
of War ad interim on two occasions, viz.
Jan. % and 80, and he replied in writing &c
these offers on the 9th and 3lst. Mr.. Stan
/ ton was in Office at the time.
/ Mr.. Stanbery asked if anything else oc-
Cured between the witness and the President
concomitant to the offer when it was first
mide.
/ Mr. Butler objecte and warned the Senate
against the attempt to bring the conversation
in under pretense of proving an act.
Mr. Evarts calling attention to Mr.. Butler
shaking his finger in warning to the Senate
as the malpractice of the counsel, and said
nothing was palmer than that the circum-
stances explaining an act were admissible as
evidence concerning it.
Mr.. Butler replied, and the question was
submitted to the Senate.
The yeas and nays were then demanded
and resulted % to %, so the question was
decided inadmIssible.
Examination Resumed. At the second in
terview, when the offer was renewed, there
was further conversation.
Mr.. Stanbery then asked if the President
had, in any interview, stated that his inten-
ton in offering the witness the appointment
was to bring the matter before the Supreme
Court.
Objected to.
The counsel said they only wished the ru-.
ling to appear on record.
The question of admissibility was submit
Mr. Ssanbery~ then offered the question
modified as follows - Was anything said in
that conversation as to any purpose of bring
ing the matter before the courts -
Mr. Butler objected to it as being still out
rageously leading, and said it was disguised
in order to gain time.
Mr. Stanbery remarked that this was toe
grave and solemn Il proceeding TO allow of
the introduction of low personalities. He
repealed with scorn the insinuation that he
had resorted to the tactics of an Old Bailey
practitioner land with regard to leading ques-
tons, Mr.. Butler had put hundreds of them
until they were tired of obiecting. The ques-
tions he (Stanbery) had put were not. as the
Managers admitted, intended to elicit any
thing which the witness was not about to say
without their leading him.
/ Mr. Henderson offered question, whether
in any interview the President had expressed
any intention in regard to making the ap-
poIntment.
Objection was made, and the yeas and nays
being taken, the question was not admitted
/ by a vote of % to 81.
The Senate then refused to adjourn, % tc
o. ap1 Mr. Stanhpry 81 god the follow n q
question :"At either interview was anything
said with reference to the use of force or in
timidation or threats to get possession of the
War Office. or to the contrary?'
Objection was made and sustained without
a division.
The Senate again refused to adiourn-20 tc
3D.
Mr. Stanbery then said that under these
rulings the counsel were not prepared a
present to ask further questions of Genera
Sherman, but would perhaps desire to recall
him on Monday, whereupon, at AS, the
Court adjourned.
On Monday. at the opening of the SEES
sion the question of allowing all the Mana
gers and counsel to participate in the fina
discussion of the law and evidence wal
brought up Several of the managers, anc
some of the Senators favored it. but it wal
finally rejected by vote of SO to 10. S.
there will be but two speeches on each side
after the evidence is all in.
The examination of Gen. Sherman was re
sumed.
Mr.. Stanbery asked il" If, after the restor
alton of Mr.. Stanton, did you form an opin
ion as to the desirability, or to the goo,
of the service of the Office of the Secretary o
War being filled by another than Mr.. Stan
ton, and if SO, did you express your opinion
to the President -
Objection was made and argued by Mr.
Bingham.