The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-16

sheriff says where did you get that watch
our days after the prisoner sends 70 tnt
@leFiI, after he had been IN JAN, after an
Indictment mad been found against MIN
an answer and claims IN MS defense tina
tlaI answer may be read; not only that
Du goes On 10 put IN what everybody else
sa}q, OF what four or five other men said
and claims that that may be given Ln
evidence. II il desires TO know what the
Cabinet said, let members OF the Cabinet
De Drought here, and let US cross-examine
them and hnd out what they meant when
they gave their advice, anu how they
came 70 give II, and under what pres
s1res; but at present we do not want
the President 10 put in the advice OF the
Mr.. Evarts-Mr. Chief Justice and sena-
tors: Every case s to be regarded accord
ing to lis circumstances. and you VIII
Judge whether communication from the
Senate TO the President, on the 22d OF Feb
ruary, could Wei have been answered
sooner than the -4th of February.
OF February.
Exarts--I under 3ood you to say YOU
could not state whether il was the 2lst or
the I'D.
BatIer-It was at 10 O'Clock on the night
OF the 2lst.
Evarts-Very well. twas communicated
at 10 O'Clock on the night OF the z1st of
February. The Senate was not IN session
on the I'D more than an hour, il being a
holiday, then Sunday Intervened. L ask
whether an answer to that cOmmunica-
tion, sent on the 24th, is not an answer ac-
cordIng 10 the ordinary course OF prompt
and candid dealing between the President
and the Senate concerning the matter In
difficulty. As tar as the simlle about the
President being in prison goes L WIN re-
move that by saying he was not imprisou-
ed until O'Clock Pm. on Monday the 9th.
Bul we need not pursue these trivial itlus-
tration-. The matter is IN the hands Of
the Court and must be disposed Of by the
Court. ....=
Bingham deured to say once for an that
be has said no word, nor has he any in
tent TO say any word during fhe progress
Of the trial that would justify the
counsel for the President in saying that
we deny them the right 10 make their de-
tense of the President. What I insist
upon here what / ask ne Senate to net
upon is, that he shall make q defen~e pee.
ciseIy as official citizen of the United
state makes his detense-according 20 the
law OF the land-and not that he shall af-
ter the CON ission Of q crime, ma aulalc-
ture evidence In his own behalf, orally,
ia writing. or by his Ow2 declarations and
inc 1EpOrate them the declarations of
third persons. Il has he5n, IN any respect
able Court in this country, when men
stand on trial for their lives. the custom
never permitted them, after the acts TO
manufacture tertlmony by their own de-
ciaratlOns, writer, unWrt-teu or on their
own motion. or introduce them into court.
/ have another word 10 say in the light of
what has dropped from the lips of the
counsel; that he has evaded most skilfuily
the point which 1tOOk occasion to make
in the hearing of the Senate, that here is
an attempt TO Introduce. mol only written
declarations OF the accused IN his own be-
half, after the act, but declarations OF
third persons not under oath. i venture
to say that position to the extent OF this
never was made in any tribunal OF justice
in the United -tates where any man was
accused OF crime. The proposition is not
merely to give his own deciarations, but
10 repe t tn declarations of third persons
IN bis own behalf, and throw them before
the court as evidence. The gentleman
seems 70 think the President had right
TO send a message to the Senate OF the
United States which should operate as evil
dence- 81 sR au