The New York herald., 1868-04-04

tnctly that in reading this speech from curiosity to
the ordinary guarantees Of accuracy, he had neither
his original not his written transcript and that
with more care, from greater degree Of curiosity
than he has now. II this matter s to be regarded as
important we insist that that kind Of evidence, siv
Mr.. BUrLER-There Is no question Of degrees OF
| evidence We must take the business OF the world
as ind It, and must not bury ourselves and insist
that we have awakened up hundred years ago.
The art Of stenogrsphic writing has progressed to
Of life. There Is not gentleman in this Senate who
does rely upon every day. There not more than
sny 81 e W secsuse r
Oh the fingers Of the reporter who sits by side to
give you Transcript Of It on which you must Judge
the stenographer. This gentleman says that he has
made stenographic report Of tnat speech; that IL
Smith; that his employer not being satisfied with that
Joint report which was the Presidents utterances
critical discrimination, he wrote ont with care an
exact literal transcript under the chidng Of his en-
oyer and lor given purpose 1 ana % nat M sne pss nexs
dent OF the United States would appear II put
to paper literally, he examined that speech in In
in his mind. and only . few hours intervening, and
with his attention freshly called to it, he recognized it
that the manuscrpt is the best evidence. If there
were any evidence that the manuscript had been
S Of in law as
administered In very technical manner. But who
docs not know that In the ordinary course OF bust
ness In newspaper Offices after such manuscript
has been got through with 1t is thrown into the
waste paper basketf Therefore, l add, upon that
life, this is question for the Witness The ques-
tion we are discussing Is this:-Looking at that
asd IL s
next morning, with your curiosity awakened can
you tell the Senate whether that IS correct copy
Thereupon the counsel for the President exceps, and
says he cannos. How does the learned counsel for
the President knd~ thats How does he know that
having once read his speech can repeat it next days
The question is plain one. say, sir, there y Q
transcript Of that speech; from your knowledge Of IT,
having heard II, having written II down in short
nand having rewritten it for correction by the
Presidents private secretary, and having again re-
written it from your notes 70. publication then hen
published-from all these sources OF knowledge
can you say that this is correct copyf Thereupon
does he know that9 How does he know that he
cannot repeat every word OF it9 The difficulty Is
s w ta aS a % ana e eaa e
once for all, propose to put before the Senate an
argument as to the evidence Of stenographic report
ing Allow me to state, once for ALL two authorities
on this point. do not intend to argue the point
hereafter because M know that IN doing SO should
been SO often attempted here. In O'Connells case,
to prove his speeches on that great trial
M and no trial was ever conducted with more
sharpness or bittcrneSS-the newspapers were
INTRODUCED, containing what purported to be. Mr.:
O'Connels speeches, and the only proof adduced
issued from ON the once, the court holding that MIR.
O'Connel allowing these speeches to SO Tor months
ne as as Ss sa M P UP
| the question arose whether y copy might be used
which was made even from partially 0blterated short
hand notes, and, after argument, the witness was
! allowed to produce transcript. Now, while this
authority is not exactly to the point raised here,
tions, because heard the cross-exanlnation as to
the merits Of Ptman's system OF writing, and as to
the whole system OF writing, and as to the whole
cvafa nf ha af
| furnishing information.
Mr.. EvARTs-The learned Manager is quite correct
In saying that do not know but that this witness
can repeat Uefbattn the Presidents speech; and
when he offers himself as witness so to do shall
who has heard speech to repeat It under oath, he
asserting that he remembers IL and can do so; and
whenever Mr.. Clephane undertakes that feat 1t is
within the competency OF evidence. Another form
OF Trustworthy evidence Is the reporters notes.
Whenever that form is admitted, aud when the wit.
l ness swears that he believes In his accuracy and
no objection " to that us not trustworthy
responsibility and accuracy sthrougn the oath Of
the witness applying In either form, and seeks TO put
| own MemOrandum but upon the accuracy with
| which he has failed to detect inaccuracies in the
newspaper report published the subsequent day. and
thereupon to give credit and authenticity the news
paper reports upon his wholesale and general appro-
val OF T. then you must contend that the sacred right
throwing certainly one or the most responsible and
most important projections of it, and that The oath Of
W.. VINO heard ana can rsnemSe p & rs
repeat il, must adhere in court of Justice; and
I are not to be told that IL Is technical 10
maintain in defence Of what has been ic-
ETishts Es in az any free countryreedom Of speech that
whenever 1t Is drawn In question u shall be draw IL
in question on tho surest and most faithful evidence
The learned Manager has said that you are familiar
part OF the daily routine OF your Congressional
duties with the habit Of stenographic reporting and
and that you rely upon 1t habually and, may add
are accustomed habtualy to correct your reports.
speakerMcorrection and revision with those re-
ports dependent upon the ear and upon the sudden
strength OF the ready writer may not an incorrect
| judgment be formed against man as to what
\ was said by him? And now, when sedulously this
| newspaper has undertaken that no such consdera.
tion OF accuracy should be afforded to the President
Of the United States In order that that speech should
be spread before the country with all Its imperfec-
| Mr.. BUTLER Qnterrupting)--I pray, corrections,
sir2 have not said that. said that the speech Of
the Presidents private secretary should not go TO
MI. EvARTs-The instructions OF the editor were
| that the speech should be reported with all Its
writer, without the opportunity for that re-
| vision which every public speaker at the must.
primary and important right. Whenever therefore,
| Mr.. Clephane shall rise and speak from memory,
swearing to his acc1racy, or wnen N he shall produce
foundation for the proof offered IN this case viii
have been MADE
Mr. Tinker was again called by Mr.. BUTLER and
! made the following stat misunderstanding when
| was called upon the stand / was attending to my
duties in the telegraph once in the gallery; had
| not a moments notice that I was to I've called.
then telegraphcd TO the office for the manuscripts
contained i'm the packages that were there that had
| been previously examined about before the
| Managers. These documents were brought 10 me
| by boy from the Office and brought them with me
to the stand and last night deposited them IN the
office Of the Sergeant-at-Arms, and this morning
| brought one Of those packages OH the stand and
opened II here, supposing IL to be the one on which
was to he eXamined; but wheDI saw the reporters
put to some trouble about went TO my Office
while Mr. Clephane was on the stand, anil have now
got the speech telegraphed by the Associated Press
! on the 18th OF August, 1856.
| Mr.. STANBERY--Wbat document was that which
Mr.. Butter handed to you witnessS A. That was one
| OF the documents on which was examined.
Mr.. SrtNBERY-That s not the speech OF the 18TH
+, OF August.