The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-25
THE IMPEACHMENT TRIAL.
MR.. JENKS PRESENTING THE EVI-
DENCE AGAINST BELKNAP.
judge Blacks Argument for the Defence
showing that Beiknnp IL no Worse than
t3rnut-Au Auorncy-t.eucrnI's IIonst

WAsurNGToN July 2L-At the opening
ofthe Impeachment trial to-day Manager Lord
submitted an AFFIDAVIT OF DIR. ID. W. Bliss, to the
effect that Hon. a. G. Lapham, Of the Man gers,
has been under bis professional care for the last
three days, and that he will not be able to re-
sumo his duties before Wednesday next. Mr..
Lord said the prosecution had not vet been
opened on the question OF fact and they relied
upon Mr., Lapham, who had prepared himse
for that purpose. lie moved that the trial be
POSTPONED until Wednesday.
Mr.. Anthony, (tep., X. ~ inquired II the pros
ecution would be ready to 90 on then, even n
Mr.. Lapham should not have recovered.
Mr.. Lord replied In the Affirmative and said
the prosecution could 90 on to-day, but asked
for the postponement for the sake OF Mr.. Lap
ham, who was anxious to be heard.
Mr.. Lords motion was denied.
Mr.. Lord then moved that Mr. Lapham have
permission to print hIs argument to morrow.
Mr.. Carpenter objected, and gave notice that
n the request should DO granted, the defence
would claim the right to reply to that argu-
mcnt.
The motion to print was granted.
MANAGER JEHKss ARGUMENT.
Mr.. Manager jerks then spoke on the ques-
ton Of fact on the side Of the prosecution. lie
question, what am to say this defendant is
guilty or" or "Of what am | to exculpate
himf' No other question was presented. The
charge In substance was that OF bribery. Under
the Mosaic law, Gift blinded the eyes OF the
wise and perverted the words ~ tue righteous.
The defendants counsel had attempted o show
that no agreement existed between Belknap
and Marsh Ar. jerks argued that 1t was not
nee rssatv that such agreement did exist. II he
took the money, no matter whether 1t Influenced
his action or not, he was guilty of tue crime
OF bribery In the case OF Lord Bacon,
In Engl nd. 1t was proved that he accepted
monev, and decided adverse to the party who
gave II, vet ~ was found guilty. Was 1t pos
"a nln
pure than the United States In 1892 Ho
then commented ON tho testimony IN the
money from Marsh, and claimed tn & there was
No good defence OF that action: u had been ar
had been given TO MARSH on account Of the
Kindness ~ his iam'iy TO Mrs. Belknap, who
That Mrs. Beknap VS. sick at the house 81
Marsh In September, 1870, but tho letter OF Marsh
auIlyng fnr the position Of post trader was re-
ceived 10y Belknap In August, 1870.
MIR. Carpent'r-But he did not get the appoint
ment until October.
THE EVIDENCE AGAINST BELKNAP.
Mr.. jerks argued that ielse entries had been
made IN the books OF the War DeDartment with
reference TO the application Of Marsh, tho post
traders book showing that the letter Of app ica-
tiun Of Marsh was received IN August, and tnat
u was accompanied 10y letters Of recommends
ton OF JOB stevenson and Senator sherman,
when Ia point Of ct he letter of recommenda-
ton from JOB Stevenson was not received until
the November following, and senator sherman
did not recommend him at ali, He next re-
ferrcd TO the publication in the NclU York TIT
buno IN 1877. and said that article was not pub
listed until after Belknap had received the let
ter from Gen. Grier-on, commanding at Fort
sill, giving full statement " the abuses AT The
post. Yet, when Gen. Mcdowell called the at
tention of the Secretary of War to the article,
the Secretary said nothing To him about Gen.
Grierson's letter, but requested han (NcDOweul
planned Of, wnich oruer did DOT cover the case
"a fully as II Gen. Gricrson's letter had been
shown hun; No doubt The Secretary would
have been glad TO stop THIS system OF blackmull
then, but little by little the greed OF gain had
eaten intp his nature, which was pure at first,
until 1t became fostering mass. and left him
the poor creature he Is now. The Secretary did
not inform Gen. Mcdowell " Grierson's letter,
because he had y motive-a deep. damnine mo-
tive-which was t6,GO wear. lie quoted from
the testimony OF Gen. Med well, md argued
that l'elknap mad mlsled cDoweil. bad beaped
falsehood upon false hood to mccall hts cline
OF bribery. lie then referred to the recon-
nendaton Of Gen. Beiknap In his report for
1919, that tue law Ia regard to post traders
should he changed. and said he made
That reconlmendltion because "a Democratic
aud he thought such a recommenda-
ton would throw SUSPICION on from himself.
In conclusion. Mr. jerks argued that the de-
iend mt took the money to influence his Official
action; that It did influence his action, aud he
d1ty Tor the Msnasers to bring these cnarses.
but II owed a duty to the country. Tue honor
Of the country depended upon tue purity Of her
officers. lie asked toe Senators to do their duty
| u their country and nDd the defendant guilty.
The senate then took a recess for fifteen
JUDGE BLACKS ARGUMENT.
| Upon resssemblng, Judge Black, of counsel
for he accused. said II WIS his duty to state the
points IN the case, rather than To comment upon
| them ara ne would endeiNor 10 DO 50 as briefly
a. possible. but he would do so with fairness
and without exaggerating the merits Of the de-
| fence or detracune anyti ing from the evidence
Aiduced ~ TIE ktOuse 81 Rel resentatives. lie
Eel. deep interest la tue case Of Gen. Belknap,
| not simply because he was his counsel, out for
reasons which should operate upon the minds
OF all men, as well rs on senators ana himself.
| Tue evidence showed that Gen. Belkuap "A
| man Of honor. whose whole life had teeG stain
! less, and he Judge Black irmly believed that
he was the victim OF foul accusation, found 4
| upon nothing upon this earth except certain un-
fortunate circumstances for which he WAS not
| responsible lie (Judge Black had the most
| profound respect for the American Senate,
| but n It should convict this man with
the evidence before II, he would GO down
! his mind that this most august body In the
! country had been led 10y some inscrutabe
| means to pronounce judgment appearing to
| Ven just but which would ue the most un1 not
judgment winch ever 81 ined a record or scan
dHlized tribunal. IL the defence could not get
| Justice mere where on earth could they look foI
lf lie then erred To the arguments Of the
Managers. and sand the extreme harsnness aud
| severity Of ever, expression when had fallen
| from them ammo ed him. they lost op or
tunity Al any time u denounce the defend nj
| with n bitterness UNIV warranted. The Man GEL
| w"o last spoke referred TO Gen. Beiknap rs "thai
| poor, corrupted creature sink down to the low
know that though the awful face of Justice WAS
Sometimes uarhened by frown, IT was never
, olsngA red by asneer.
THg QUESTION or JURISDICTION.
He then cOmnentel at length on tue question
| OF jurisdiction, aud asked huw could n a. an be
| Removed from an nffice which he did not mold
| The only Judgment the senate could pro.
nounce was that Of removal from Office and d is-
qualification from holding onice. Tue two were
joined together by the constitution, and what
tie tOnstitutlon nut together let no man put
asunder. he question of jurisdiction was ~
least doubtful; ana II IL was doubtful, " no was
en- tiled TO the benefit OF the doubti
MI. Thurman, Dem. u submitted Ques
tiOn To the counsel Ia the effect that II a Two
thirls vote OF the senate was required 10 over
rule the plea as To jurisdiction, dId 1t not FOL
low that IA two thirds vote was required To over
rule any objection To evidence otner ques
tons winch might arisef
judge Black replied IN the negative. and ar
rued that two thirds vote We necessary T.
establish any fact essential To convection. bu
every other ct or order might he estahiisheo
by ma oIity. lie then referred toIhe evidence
ana ara ued that the Senate could not cunyic
Gen lielknap Wi hout violating every principl,
of law aud evidence every prluciule OF morality
winch found ITS hope ia every honest heart. lit
then cOmnenttd on the evidence in regard 1,
the 20 ii ca rae er OF Gen. Brlknap, as shown
Nv Judge Miller, GOV. Law, senators AIN on
wright and Otuors, ana HT-Ird that no MAJ
ever change Il Immediately from good man [,
an exceedingly hau one. lie argued that ia,
evidence against the defendant WA nothing nu
tue nefest trasd, upon liCn larry IN any COurl
OF quarter :, ssiuns would aCq IL ilM without
leaving the uoX. Marsh was given tho pos
trader hip in compliance with TIE rfQlest q