Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-04-10
Proceedings of the Court of In
parchment.

WcdaesdaV.-Th first question before
the court was that pending at the time
of adjournment yesterday, on the ad-
instability of Burleigh's testimony con-
cerning the conversation between him.
self and Aiutant General Thomas. Be-
fore this was taken up, however, Mr..
Summer submitted a resolution hav-
ing reference to the casting vote given by
the Chief Justice yesterday. II declar-
ed that under the Constitution the
Chief Justice has not the right to vote
on any question arising during the trial,
There was quite a f1utter of excitement
from the galleries when this was read
and quite a disappointment when the
result of the vote, tWenty-One to twenty
seven, was announced
Mr.. Stanbery addressed the court at
some considerable length, to show why
Mr.. Burleigh's testimony should not be
/ received, cOntending that what General
Thomas may have said 10 MI. Burlelgh
I was OF no inn pOrtanc6 unless it could be
shown that he spoke by authority OF
/ the President, which the prosecution
| didn't claim.
In reply to an interrOgatOry from
Senator Freliughuysen, General Butler
said the managers proposed to connect
/ this conversation with the President,
! but declined to state how.
After a debate of nearly three hours,
| the court, by a party vote of 80 to IL,
decided to receive the testimony of Mr..
Burleigh, who came forward and took
the stand. The principal point in Mr..
Burleigh's testimony was that, on the
night Of The 2lsJ of February, he called
on General Thomas, who told him, in
the course of a brief conversation, that
he intended, if necessary, to use force
to get possession of the War Office.
The next witness called was Wilkin-
son, of the New York Tribune, who
testified tn a ooT7VTnraafinn will Thomas
on the 21st of February, in which Thom-
as said he intended to get possession
OF the War Office the next day.
Next came a man named KeZner,
from Delaware, whose testimony was
important, and al times very laugha-
bic. He met Thomas at the Presidents
levee on Monday evening, February "A,
and congratulated him on the position
60 which he had been assigned, telling
him hat the eyes of Delaware were up
on hun. Tue court and galleries laughed
immCderately at this expression, and
the innocent quaintness with which il
was delivered. In response to his con
gratula6iOD, Thomas said the people of
Delaware would not be disappointed in
hun, as he would certainly stand firm
and kick that fellow out. The prOsecu-
tiOn tried to get him to say Thomas
meant Stanton by ''that fellow" but
Kezner was not sure about it.
No other witnesses but these there
were examined to-day. The session
lasted until twenty minutes past five
o'clock.
THatrsday.-The evidence adduced to-
day may be summed up to the follow
ing effect:
FiTst-That General Emory, COM
manding this military department, was
called to the Executive Mansion en-
February Y, in obedience to a note
FROM the Presidents private secretary,
inform him how many troops he had,
and ii there had been any new disposi-
lion of them; that Emory answered
with the number of troops, and stated
that there had been no changes in their
position; and further, that he [EmOryl
had looked into the law and found thai
he had to obey only such orders as
came through General Grant. To this
the President replied chat any such
law deprived the Commander-in-ehief