The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-07


be postponed until the next session OF Congress,
or 10 special session OF the senate called
Tor that purpose. If the propositions now
before the Senate should be voted down he gave no.
tice that he would submit motion TO adjourn tho
trial over until the LIST day OF November next tho
9th day OF December lie did not see any public nc
cessity Tor going on With the trial now, and the con-
vencncc OF ali parties would be served by postponing
4 until November General Terry. now commanding
an important expedition would be needed witness
for his Client and he could not be brought here before
next fall
Nj. MORRILL,, Of Name, said the question Of fixing
the time for tins trial was an important one and in
the OF public business the Senate should have
lerics be cleared and the doors closed This was
agreed TO, ana at quarter TO three ~ the Senate
went into conference.
At twenty minutes past three the doors
opened, and the Chair announced that order had
been agreed upon as follows:-
DECISION or THE COURT.
Ordered That the 8tb OF July. 1875 o'clock
r A.. the Senate sitting as court Of Impeachment win
this case.
Mr.. BLAIR submitted motion that order DO made
directing the managers on the part OF the House OF
Representatives. to furnish within twenty four hours
TO the accused or his counsel list OF tho witnesses
they intend to call together with the full particulars
OF the facts which they expect TO prove by them.
Mr.. LORD objected TO tho ORDER and said 1t was ith-
out precedent reason.
Mr.. Manager LAPlAM said all tho material testimony
on the part Of tho prosecution known BY the de-
fence.
Mr.. BLAIR said there had been much testimony in re-
gard TO the taken by tho Judiciary Committee Of
the House. and OF this counsel Tor the defence had moi
been advised They had called upon the managers tos
II, but were refused.
Mr.. THURMAN inquired II there any precedent for
the order asked Tor by the defence either In court ol
impeachment or court OF ordinary Jurisdiction
Judge BLAcg-No, but there ought TO be made.
Uaughter.) He argued In favor OF tho order, and
asked If the managers intended to take the defence BY
surprise The defence was for speeding the case and
wanted no datory motions He hoped the manake1
would not hang back now that they had time liked
for trial. and thus put tho defence in position where
they would be compelled TO ask for another postpone
mcnt
Mr.. LArHAM said the specifications very distinct
Judge BLAcx-we want you TO state tho particular
facts and tho names OF the witnesses by whom you are
gong TO prove them He commended that tho witnesses
for the prosecution were all within reach, while thoss
for the defence were scattered all over the iaud
Mr.. LORD inquired Of Judge Black what his practice
In thus regard was when ne was Attorney General
Judge BLACK said lie never had secret IN his life
whom nc was prosecuting anybody He stood utterly
amazed that there should be objection to the
demand of counsel for the defence TIE prosecution
secmcd to be lying IN ambush 70 take the defendant
strike him under trc nth rib Must everything gvc
way the intense desire the House Of Representatives.
haa TO convict this unfortunate manY
Tho motion oil Mr. Blair rejected
Mr.. SHERMAN. moved that the Senate, sitting as
court OF impeachment adjourn until July g.
Manager LORD hoped that the Court would not
adjourn without making provision 10 receive the
answer OF the defendant At the end Of ton days
Mr.. SHERMAN then withdrew his motion 10 adjourn,
and
MT SARGENT submitted ORDER directing the
ayers TO furnish tho defendant or his counsel, within
twenty hours, the list OF witnesses they intend "a
call Ia this case.
Mr. EDmuSDs moved to amend the order by insert
ing sfour days'' instead OF "twcnty -four hours"
Agreed to.
Mr.. Manager LAPHAM said the managers could fur
nsh the list OF witnesses that they might know of al
the time, but they did not want have any wit
ncsscs which might be discovered after the list
furnished, ruled out because their names were not
on the list
Mr. EpxuSDs moved to further amend the order so
as to have tho managers furnish the defendant within
four days list OF Witnesses 30 lar rs at present
known, &c Agreed to.
Mr. THURMAN said the State had some rights we'll
as tho defendant. He moved to further amend the
order that the respondent within four days after
cevng the list OF witnesses from tbs managers shall
tho managers with list OF his witnesses,
at present known.
Mr. BAYARD said the list upon either side must be
incomplete, and no usc in having them fur.
nished. Both the managers on the part of the House
the counsel Tor tho accused stated they did not
object furnish tho list OF witnesses, and the
amendment OF Mr.. Thurman agreed 10, and thu
order passed as amended.
On motion of Mr. SHRRMAN, the Senate, sitting as
Court Of Impeachment, at twenty minutes TO five ad.
ourned until the 10th inst at twelve O'clock IL being
understood that tho court would meet that day to
ceve the answer Of tho respondent under the ordcl
adopted.