The Portland daily press., 1868-04-04

| nuf Dullef tn1n asked Wndt the crown Saiu,
and told witness he might refresh his memory
by the memoranda before him.
Mr.. Evarts objected, that newspapers were
not memOr anda.
The objection was argued by Messrs. Butler
and Evarts.
The Chief Justice ruled that the witness
might refer to a newspaper copy if he knew it
to be correct.
Witness proceeded to read extracts narrating
the interruptions which enabled him to write
ont portions of what the President said ver-
batim.
Cross-examined-Tool down what the crowd
sald and at the same time caught up with my
report of what the President said The ac-
| counts or the Interruptions which have just
given were all had by me from the paper be-
fore me-
sd. c. McWen, short hand reporter, testified.
| accompanied the Presidents party as re-
porter for the World.
Witness produced a stenographcal report of
the Cleveland speech and also copy--an ac-
curate transcript of the report written out and
handed TO the Agent of the Associated Press
witness put down portion of the Interrupt
tons; it was impossible to get all there was:
there was a great deal of noise and confusion ;
l think there were expressions of i'll feeling or
temper on the part of the crowd; the Presi-
dent was a little excited; the crowd said,
don't get mad, Andy"
| Mr.. Butler-Did he appear considerably ex-
| cited then?
Mr.. Evarts That is not part of the present
enquiry.
Mr.. Butler-The allegation denies that there
was scandalous and disgracefu scene, the
conditions being that the counsel for the Pres
| ldent claim freedom for speech, and we claim
decency of speech. We are now trying to
show the indecency of the occasions Iunder-
stand The freedom of speech in this country to
mean liberty to speak properly and discreetly;
l regard freedom of speech in this country as
freedom of the private citizen to say anything
in a decent manner.
Mr.. Evarts-Yes, it is the same thing, and
who is to judge OF the decency?
Mr.. Butler-The Court before which a man
| is tried for breaking the laws.
Mr.. Evarts-Did you ever hear of man be-
| ing tried for freedom OF speech?
Mr.. Butler-No, but / saw two or three who
ought to have been. Iaughter.)
Mr.. Butler repeated the question to the
| witness, who continued-I could not see the
PRESIDENT; only heard the tone of his voice;
| he seemed excited; l do not know what his
manner is from personal acquaintance when he
| is angry.
In the cross. examination the witness said
| Did not report the whole of the speech; left
| before it ended; besides certain sentences were
broken off by the Interruptions of the crowd:
only took the principal ordinations; could
not hear all of them; the transcript of the
| speech here was made two weeks ago from the
| notes OF tw) years ago; think them as accu-
| rate as if Transcribed then.
Edwin B: Stark, examined by Mr.. Butler,
| was formerly shorthand reporter. Report
| ed the speech of the President at Cleveland on
the night OF the third of September, 1866, for
| the Cleveland Herald in shorthand, and it
was published. Notes are not now in exis-
| tence-Suppose they were thrown into the
| waste basket. A copy of the paper was pro-
| duced. Witness said in some places the sub
| stance was given instead of ths literal words
| Witness read from part of the report just what
1 the President said "Where is the man living
| or the woman in the community whom have
| wronged; or where is the person who can
i hai Gr1Orn oCsa Ill, H.
have violated, or one single violation OF the
| Constitution Of my country. What tongue
| does he speak, what religion does he profess?
Let him come forward and put his finger upon
| apledge have violated" Witness continued
There were then Interruptions, and various re-
| marks were made, of which have noted one,
| because it was the only one Mr.. johnson paid
| any attention to; that was a voice-"Hang
JEFF Davis" The President said, Hang JEFF.
| Davis! hang jeff Davis! Why don't you?"
There was then some applause and Interrupt
| ton. He repeated: "Why don't you?' There
was again applause and Interruptions, and the
President went on: Have you not the court?
Have you not got the courts? Have you not
| got the Attorney-General? Who is your
Chief Justice who has refused to sit at the tri-
| al?" There were then some Interruptions and
applause, and he said: II am not the prosecut-
| ing attorney; am not the Jury; but [ will tell
| you what did do I called on your Congress,
| which istrying to break up the Government
| Here there were Interruptions and confusion,
| and there may have been words uttered by the
President which did not hear, but I think
| not Then the President went on to say:"Let
all the prejudices pass"
Mr.. Butler-Go to the conclusion where you
| reported that accurately.
| Witness commencing a little before where
the specifications commences. He says: SIN
bidding you farewell here tonight, 1 would
| ask you with all the pains that Congress has
| taken to caluminate and malign me, what has
| Congress done? Has it done anything to re-
| store the Union ofthe States? But to the con-
| trary, has 1t not done every thing to prevent
| it? And because L stand now where L did
| when the rebellion commenced, I have been
| denounced as a traitor. My countrymen here
| tonight, who has suffered more than /? Who
| has run greater risks than l? Who borne more
| than I?s But Congress, factions, domineering,
| tyrannlcal Congress has undertaken to poS-
| on the minds of American people and create
feeling against me-" So far were Mr.. john
| sons words. Witness completed the sentence
in this fashion: I'm consequence of the man
ner IN which l have distributed the pub
| lie patronage" These swere5 not Mr.. sJohn-
| sons words, but condensation in summary
| way. The reasons which he gave for the ma
| ligung.
Mr.. Evarts to Mr.. Butler-Do you propose
to put them all in?
Mr.. Buter-We do. 1 observe in the an
| swer of thee President that we did not put in
| all he said, and mean to give all.
| Witness cross-examined by Mr.. Evarts, said
| in determining what part to give in full, and
| what part condensed, he was perhaps influ-
enced somewhat by what he considered lit
tie more spicy or interesting to the read er.
Mr.. Evarts-In what interest," of the Presi
| dent or his opponents?
| Witness-I do not know that.
| Mr.. Evarts-On which side were you?
| Witness-I was opposed to the President.
Mr.. Evarts-But you did not know where
yon thought the interest was when you Sc
lected the spicy parts?
Witness-I was very careful in all those
parts where there was considerable excite
ment and interest in the crowd to take down
carefully what the President said.
Mr.. EVarts-The part which the crowd was
most interested in you took down carefully?
| Witness-Yes.
Mr.. Eyarts-Are you able to say there is a
single expression in that part of your report
given substantially which was used by the
President, so that they are the words as they
are from his lips?
| Witness-No, sir.
Mr.. Evarts said we object to this report as
no report of the Presidents speech
Mr. Butler asked what were the politics of
the Cleveland Herald at that time?
| Witness-It was what was called johnson
Republican: some called in Postofice Repub-
lican; the editor had the Postoffice.
Mr. Butler said he proposed to offer the
Leaders report of the speech as sworn to by
| Mr.. Hudson.
Mr., Evarts objected, on the ground that the
managers are in possession of the original
notes of the short hand writer of the who e
speech and of his transcript made therefrom,
and sworn to by him. The substitution for
that evidence of the statement as testified to
by him is against the first principle of justice
, or evidence. He has not testified how much
, of the report is his and how much is John
sous. Besides it is for the great part con.
deused statements directed by circum stances
The same objection may be made to this sec.
S ond Herald's report.
e Mr. Butler did not propose to withdraw the
s report OF Mr.. McEwen, but to put in all tbs
others.
After considerable argument Mr.. Butler
asked the decision of the question
The Chief Justice said he could not put the
question on all three at once
e Mr.. Butler-Then will first offer the Lead
+ er report.
The Chief Justice says it appears from thu
statement of the witness that the report was
| not made by himself but with the assistance
! | Of another person, whose notes are not pro
! duced and who is not himself witness.
Chief Justice That paper is admissible
The yeas and nays were demanded on tn
, admssabiity of the report, and it was admit
5 ted. yeas 35, nays IL, Messrs. Howe and Trum
| bull voting with the democrats in the mega
7 | tive.
Mr. Butler then offered the report prepare'
by Mr. NIcEwen.
Mr. Evarts objected.
: MIR. Butler offered the report of the Cleve
land Herald.
c Mr.. Evarts objected.
On motion of MIR. Edmands the court ao
II lourned till to morrow noon.
VI The Chair was vacated by the Chief Justic
10 and assumed by the President pro tenn.
u The Senate shortly after adjourned till tt