The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-03-07

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1 3, uranam, Gray, Mcneil. Mendenh oiI
Morgan, reynolds, Sims, Smith Stniv STA.
~ Taylor Terry, Thompson, futile. Wb;ta'
: NAnYs- Us Catchings, Chalmers Grif
Oldham, Pratt-9. ASH III,
=, by Manager Barksdale: Did Won NOT to,,
VI. Il. toward, to whom TJentanan roG yell
ernor Davis was indebted that he fDav;s1
"ou'o nave money soon? And N ~ :
money ana you refer? And when did I'D,
| conversation occur? '''0il
counsel Morris objected, because the ras-
PohuehE Is not bound by that statanoo.~s
Inc leading question puts up an anstEnr l.
manager Barksdale claimed that this u,os
no leadlng question, but brings tho Ivitnao9
up 10 the subject about which we wish hin
10 speak. The question is intended To aiin;+
MnaC knowledge he had of Davis soon COM
ing INTO the possession of any monav ord
II so, whether he had reference to the mon nu
ior Whlch the order was obtained.
Manager Barksdale commented. at somo
lGhSIh, 10 snow the difference between tn.
ABOVE questions and what are understood
by the courts to constitute iood;tNae sIoou
tons. ques-
Counsel Morris replied, and insisted p,oo
MS objection being valid, and submitted tbe
question to the sense of the Senate and
Che Objection of Counsel Morris was suS.
tanned. "' o
Mr. opears, as counsel for the respondent
arose TO continue the cross examination.
senator Chalmers objected, as both the
examination and the cross-examination Of
the witness had closed, and he had been
Gurned over to answer the questions nut nv
the Senate. - "
Manager Powell sustained Senator Cbal
mers suggestion.
Senator Reynolds called attention to rula
-, winch does not apply to counsel, but
Senate only.
The Chair stated that he did not know
whether the examination and cross exami-
nation had closed or not
Counsel Spear pat the question, Have you
ever loaned Davis money before the one
hundred dollars?
A. | think have, sir.
Manager Powell stated that this had no
connection and was Objectionable.
Senator McCaskill arose and said Our
rules, as L understand them, show that this
witness has been examined, cross-eXamined
by counsel for respondent, turned over to
the Senate, and his examination has entire
ly closed, and he should be permitted to
retire.
An animated discussion then took place
AS TO whether the witness should be retired
or not and the Senate decided that Witnes
should be detained for further evidence.
Senator Reynolds then asked the chair II
the question prOpOunded by Counsel Spears
to-wit: "Have you ever lOa ned money to
Davis before this one hundred dollars 2" was
a com petent question or not.
And the Chair replied that the question
had been decided as incompetent.
Counsel Spears: If you had not met Mr..
Davis at Artesia, what would you have done
with the receipt from DOwsing?
Objections were raised to this queSi IN,
and Counsel Spears stated that the object of
| this question was to show tha5 the meeting
| with Gov. Davis was accidental, and led to
| Col. Gibbs giving him the receipt but if he
| he had not met Gov. Davis, he would by
| some other means have given the receipt to
| Mr. Packer.
The Chair stated that if no objection on
| part of the Senate, the Chair will have the
| question put to witness.
Senator Reynolds objected; the Chair
| submitted the question TO the Senate and it
was ruled out.
Counsel Spears: When you Informed Mr..
Davis that you had REIN bursel yourself
out of the money belonging to Packer, what
did he say?
| A. | don't think | ever had any converse
| ton with Governor Davis on the subject; |
| will inform the Senate that 1 never saw
| Governor Davis after that; had no con-
versation with him, nor did tell him had
| reimbursed myself nor did | see him until
my return from Texas, in July.
| q. Did you not tell Davis to pay Packer
| the amount he had borrowed from you?
Manager White objected to this question,
| as what the witness and Governor Davis
might have said, is not material to this case.
| Senator Tay Tor arose and asked how long
will this testimony 90 on, as questions are
eternally being asked?
The Chair thought that the Counsel
| had not done with the witness.
| Senator Taylor said his understanding
| was that the examination had been conclu-
ded, and that the witness had been turned
| over to the Senate; and after the Senate had
| got through with him, the counsel recon-
menced to ask questions, and he objected to
any more testimony.
Counsel Spears replied that the counsel
| had turned the witness over to the Senate,
and he had been examined by Senators,
| and written questions sent up for answer,
and we did not object; and We thought We
had the same right to take up these matters,
and therefore we insisted upon these fur
| ther questions, at least with this witness.
! Manager Barksdale replied that the Man.
| ayers had sent up but one sing e question
! which had been refused an answer.
| Mr.. Spears answered that his only mo-
tive for asking the question was to dlSpel a
doubt, which he thought existed in the
minds of the Senate, as he believed witness
had stated in direct examination that he h ad
! informed Mr.. Davis of REIN bursting himself
| onr hundred dollars.
The Chair submitted the matter to the
Senate Shall this question be answered Or
not? and the Senate decided to exclude the
question.
senator Graham moved to adjourn.
Manager Banks dale asked that the Mana
gers be allowed to proceed with this trial
With all possible speed, aud that they now
proceed with the matter.
Senator Morgan moved recess until &c
P. NJ.
Motion to amend until 80 P. NJ.
Senator Reynolds moved to lay the
amendment on the table; carried.
Senator Gray moved to amend the motion
to adjourn from 3 80 P. NJ. TO o'clock this
evening.
Senator Reynolds moved to lay the
amendment on the table; carried.
Senator Jewell moved the previous ques
tion. That the Senate sitting in a Court o
| Impe lchment take recess until $3.50, P. NJ,
; which was seconded and the Chair declared
the Senate competent TO take recess ant