The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-17
PROCEEDINGS OF THE COURT.
Sixteenth Day.

Sixteenth Day.
UNITED STATES SENATE CHAMBER
WASHINGTON, April 16, 1868.
Tho court opened in due form. All the Managers
were present. Mr.. Stanbery again absent.
On motion the reading of the nknutes was dis
pensed with.
Senator SUMNER rose and said-Mr Chief Justice,
send to the Chair declaration OF opinion to he
adopted by the Senate answer to the
stan;ly recurring questions the admssibility of
testimony.
The paper was read by the Clerk, expressing the
opinion that considering the character of this pro-
ceeding, being trial of impeachment before the
Senate of the United States, and not proceeding by
Indictment in an inferior court, Senators are
judges Of law well OF fact, from whose decision
there is appeal that, therefore, the ordinary
reasons for the exclusion OF testimony do not exist;
therefore, it deemed advisable that all evidence
not trivial obviously irrelevant shall be admitted,
II being understood that in order to decide its value
IL shall be carefully considered its final judgment.
Senator CONFESS moved to lay the paper on the
table which was agreed TO by The following vote:-
YEAS snaors Buckalew, Cameron, Catte, Chandler,
Booe Drake, EdmUnd, Ferry Fessenae, Freinsh1ysen,
M Ma FSTa nswe Morrill, Of ME-
bury stewart Thayer, Upton, Williams and Yates
son Of Tenn Sherman Sumner Van wnsis vcSefs VII
Icy and WAson-ll.
Tne CHIEF JUSTICE directed the court TO proceed.
Mr.. EyARTs-Mr. Chief Justice and Senators, ] am
not able to announce the recovery OF Mr.. Stanbery,
but think, had not the weather been entirely
favorable, he would have been able to be present
perhaps to-day. He Is, however, convalescent.
But nevertheless the situation of his health and
proper care for its restoration prevent from hay
Ing much opportunity for consultations during this
session Of the court We shall desire to proceed TO-
day with such evidence may be properly produced
In his Absence and may occupy the session OF the
court with that evidence We shall not desire to
protract the examination with any such object or
view and if before the close Of the ordinary period
of the session shall come to the end Of that testi
mony we shall ask for an adjournment.
Mr. CURTIs-Mr. Chief Justice, offer two docu-
ments received this morning, coming from the De-
partment Of State, in character precisely similar to
some Of those received yesterday. They
tinuatons of what put in yesterday, so as to
bring the evidence of the practice Of the government
down to more recent period.
They were considered read.
MIR. CURTIs-I will now put in evidence, so that
they will printed with this documentary evidence
two statements furnished s by the Secretary OF the
the beginning and ending Of each legislative session
of Congress from 1889 to 1868; the other being the
beginning and ending Of each special session OF The
Senate from 1889 TO 1865.
They were considered read.
TESTIMONY OF WALTER 8. COX.
Mr.. Walter s. Cox was sworn in behalf Of the re-
spondent, and examined by Mr.. Curtis.
GS will s please what Is
town; am q lawyer by profession.
q. How long have you been engaged in the prac-
tice Of law A. Ten years
q. In this city, A. Yes, sir.
0. In what courtsS A. In the courts Of the Dis
o. Were you connected professionally with the
matter OF General Thomas before the Criminal Court
o. When and under what circumstances did your
connection with that matter begnS A. On Saturday,
the ed OF February
Mr.. BUrLER-If have heard the question cor
rectly, the question was, "When and under what
circumstances did your connection with the case Of
General Thomas before the Supreme Court Of this
District commenceYr To that we object 1t is i'm
possible to see how the employment of Mr.. Cox to
defend General Thomas could have anything TO do
with this case. We put in that Mr. Thomas said that
II 1t had not been for the arrest he should
have taken possession by force of the War ONCE.
They then produced the record and the affidavit.
Now I do not propose to argue, but ask the atten
ton Of the Senate to the question whether the en-
ployment OF Mr.. Cox by Mr.. Thomas as counsel, the
circumstances under which he was employed and
the declaration Of Mr.. Thomas to his counsel can
be- put in evidence Under any rs Gne crGa
Mr.. CURTIs--I understand the question 10 be that
we cannot show that General Thomas employed Mr.
Cox "a hs counsel, and that we cannot show the
declarations made by General Thomas to Mr.. Cox as
his counsel. We do not propose to prove either Of
these facts. II the gentleman will wait long enough
TO what do propose he will that this obec
ton Is not relevant. ITO the witness) Now state
when and by whom and under what circumstances
YOU were employed In this matter.
Mr. BuTLER-Stop moment. object TO the why
and the by whom and underwhat circumstances this
gentleman was employed II he employed by
the President that Is worse. in my Judgment, than
n he was employed by the other. desire the ques-
ton to be put in writing.
The CHIEF JusTICE-The Chief Justice sees no OBJ
lection to the question an Introductory question:
but he will put 1t to the Senate II any Senators de-
sire II.
No vote being called for the Chief Justice directed
the witness to answer the question
Witness-On Saturday, February % messenger
called at house and stated TO me tnat MI seward
desired to see me Immediately.
Mr.. BuTLER-I object to the declaration OF any
bod6.
The CHIEF JUSTICE intimated to the witness that
he need not state what Mr. seward said.
Wtness-The messenger stated further tnat ne
was 10 take me Immediately to the PRESIDENTS
house. accompanied him to the Presidents house
and found the President and General Thomas alone
there.
Q. About what hour was this A. About FIVE
o'clock IN the afternoon. After was seated the
President stated
Mr.. BuTLER-Stop a moment. I object to state.
mens OF the President at Ave O'Clock p. NJ. "a litter
in court, some Senators laughing outrght.l
senator EDMuNDs asked that the offer OF evidence
may be put 10 writing 80 that Senators might under
stand II precisely.
lows:-'We offer TO prove that Mr.. Cox was employed
professionally by the President. in the presence OF
General Thomas, TO take such legal proceedings In
She case that had been commenced against General
6nomas 20 would be efSectual 70 raise judicaly the