The New York herald., 1876-07-07
FIRST DAYS PROCEEDINGS
Testimony Of Express Clerks as 10 For
warding Money Packages.
GENERAL MD0WEIL'S STATEMENT.
Evidence OF the Chief Clerk or the
War Department.
WAss,soroN. July 9. ls7a


William W. Belknap. late Secretary Of War. The
accused, with Mcssrs. Black, Carpenter and Blair.
of bis counsel, and Messrs Lynde. McMAhon and
Lapham of tho Board of Managers on the part Of the
House of Representatives being present
Proclamation was made IN tho usual form by the
Sergeant -s.. .As-s~
The journal OF the last scssor sitting as court Of
impeachment &C. and the order then ndoptcd direct
ing that the paper aixed by the defence, derung to
plead further, be fled and that the trial should pro
ssed on July as upon a plea of "Not guilty''wcre
read.
list OF WITNESSES.
Mr. Manager LYNpE asked that the list OF witnesses
br the prosecution be read TO ascertain " they
present. and 1t was road, as foows:-E T. Bartlett
John s. Evans, Z. p. Marsh, John Fisher, George W.
Morse, s. Dodge, J. G. Young, W. +. Moody, H. T.
Crosby, W. I. Barnard, Leonard whitney, L. NJ Law
ton. j. r. Reach, W. II. Barnard W. b. Hazen, IRWIN
Mcdowell whiteIaw Reid, Il. " smalley, A. X Spot
ford H. T. Vale, King, Joseph A. Herman, W. H.
uarr, A. H. Palmer, c. n Pelos, Darling, Griswold
Co, Ralph Low.
Messrs- Z. 7. Bartlett, G. p Marsh and'E NJ Lawton
were the only three who answered
Mr. LYNDE then asked that attachments be issued
for all witnesses summoned and who mad not re-
sponded, with the exception Of those whom the
ayers had promised to notify when to attend
Mr.. MITcHxLL, OF Oregon submitted an order that
attachments be issued for all witnesses regularly sub
pGnaed on the part OF tho prosecution who have not
answered 10 the roll call and with whom there Is no
Understanding with the managers that they to be
notified when their presence is required.
Nr. CoxkuSG, of New York, moved to amend the
der by aaxing the list of OF witnesses Tor
whom attachments were asked.
Mr.. LrNpz said tho managers were not prepared to
give the list now.
~.
consideration of the order be postponed until tomor
row. So ordered.
In reply to question OF Mr.. Edmunds Mr.. Lynde
said the managers had enough go-on with
to-day.
Mr. CARrISrRl oil counsel for tho accused, SAID be
list Of Witnesses for the prosecution the
names persons furnished 70 the defence,
required BY the recent order OF the Senate.
Ar. LYKDE replied that these witnesses were found
10 be material alter the list was made out aud handed
10 tho other side.
geani-ai-Arms that BIO had not subp1naed the nine
Witnesses and never heard OF them bei0re
MI. LrFDE then proceeded TO open tho case for the
Itaung 10 the Senate iac,s which the niapaeers
pected prove in this case, to ask the indulgence Of
Toe Senate few minutes refer to tho paper filed
by the counsel for the defence lew weeks ago do
clinng to plead further, and claiming that tho order
asserting J9r'sa'c.ion was n,a no. , va%' as % y was
He argued that ho could see no purpose the counsel
bad fling this paper unless It was TO influence tue
ona decision, ana hc therefore asked TO bc hoard
OF the allegations IN IL II the argument oi
sei that tho accused must be acquitted because two
thirds o. the senate did not votsor the order asserting
Jurisdiction true. then II .wothrds had voted Tor
Il would have been convicted by that vote and there
would have been necessity for the trial
Mr.. SHERMAN said he respectfully objected to any
further discussion oil this paper the matter having
already been decided by the Senate
OPENING OF THE MASAGERs
Mr.. LYNDg said he did not to dwell further
the matter. He then proceeded with the opening aud
reviewed length the laws OF Congress aud orders Of
suffers tho army until 1865, when the position
abolished ana the position OF post trador established
de argued that had always been taken from the
very foundation OF the government that ,he soldier
should be protected from extort.on. He commented
at some length ON the testimony taken by the House
Committee and stated what the managers expected To
provo He next referred to the article pub
lsned In the New YORK Tribune OF February
l6 1872 in regard the post leadership at Fort Sill,
and resumlng said they expected to show that this ar
scle seen by the secretary OF War; that he con-
varsed with Mr. Marsh about It; that created alarm
MS mind, and the next day he wrote order to
Inc commanding officer at Fort sill directing him to
report the Adjutant General as TO the bus
ness character and standing of j. Evans, post trader,
that point Mr. Lvnde then in conc usion referred
10 The payments made TO Mr. Belknap by Mr.. Marsh,
shown beor the House Committee, and said they
would not attempt 10 sustain The two payments
charged the ninth and twelfth specifications In the
articles Of i'm poachment.
Mr. CARrKNrKR asked nthe managers would inform
the counsel Tor the deierce whether they claimed that
the facts charged IN tho articles OF impeachment
violated any, and II so, what statute OF the United
6tates
Mr. Lrxps replied that they did not deem it i'm
porant necessary sustain the articles oil Impcach
ment or thsx they should be based upon any act Of
consres. - The manager. howevsr d,a refer II, to
United States, which forbid any member
Of Congress or ofncer Of the United States
from taking OF receiving money or anything valuable
10 influence his decis,ons &C., and prescribing penal
ttcs therefor
Tho list Of witnesses again called and tho follow
Ing answered, bo,rs soven:-C. p Marsh. h. T. Bart.
lstt George W. Morse, Dodge, r. O. scip, General
lrvm Mcdowell, General T. Rice and George NJ
Adams. Clerk Of the House OF representatives
TnK wITNBss.
Mr. Black inquired what they proposed to prove by
Mr. Manager Mcxabon said they proposed merely
ideniny dssamens which they would hereafter bring
osJxcrIoS MT rns pEYEscx-
ME BLACK sad presumed the managers now pro-
IN the opessg; II counsel for the defence object TO
any such evidcnce The defence stood here apon a
right Which, II recognized by the senate would enable
counsel 10 excuoe all evidence. The constitution pro-
thai thirds OF the senators must vote guilty.
convict; and onethird more OF the senators vo
ing not guilty entitled TO have her Judgment
Teosr1ed The judgment OF the Senate The defence
msuc this Objection now not WITH an ln'en' or aesie
To argue, aud stall isss with any wish TO
provoke an argument on the other side,
bot was proper at this stare Of the
proceedings and every stage that the offence should
assert their rights that nothing could be quoted
against them hereafter as concession 10 the other
side The defence insisted upon IL that the court had
no iurisd,ctlon. The facts and tho law had been
actualIy founc TO be in their favor and II had been
declared and placed on by the Of moro
than one third Senators that Mr. Beknap ~ not
aud was not the time when the MtIccS Of impoach
instituted against him an officer OF govern.
mcnt and that should end the whole matter.
Mr. Mauager HoAR said they we're here TO execute
the order of Senate that the trial should proceed
on the 9th OF July a. upon plea Of not guilty. and
the managers aid not propose TO discuss the question
Of jurisdl lcon now nor the legal and constitutional
result Of the opinions of any number Of Senator'S
Mr. CARPENTER said the defence had hed q motion
TO vscate adopted by the senate some weeks
ago asserting Jurisdiction, and declaring that the
ARTICLES OF Impeachment were sufficient, and
II seemed TO him that motion should be disposed Of
Hr had noticed in a newspaper that senator Thurman
rsbukrd HIM fMr Carponterl because he charged that
the erroneous. He discaimcd any intention
OF bcus disrospcctful to the Court since the order
was made he hnd dcvotcd a week TO an examination
OF the matter and prepared 10 prove II TO
the satisfaction OF every lawyer In the senate. Ho sub
mWcd the sollowinr:-
Tho counsel Tor the accused object TO the evidence