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

motion, follows:-
SENATE or THE UNITED STATES SITTING CoUnr OF In
TnE UNITED STATES OF AMERICA VS.. WILLIAM W. BEL
the Court now h.rs ~csss CHI. order entsd on
the record Of this setting aside and holding naught
the a said order s'Das
voting the Adopting and passing said
order. az appears by the record Il this Lac cause
or counsel sSsHSSiHh y1 shAgsi
Tho Chair announced that the question would first be
put upon the order submitted by the Senator from
Maryland mr. Whytcl
Mr.. Blair of counsel for the accused said It occurred
to him that the should DO first taken upon the
motion submitted by the counsel for the defence His
colleague, Mr.. Carpenter by whom this pleading had
been drawn up, unable TO attend court TO-DAY,
consequence OF illness. He not confined to his
bed but his physician had ordered him TO remain in
his room. He therefore asked short indulgence, in
order that his colleague might take part in the argu
ment. The defence had no idea OF any dilatory
ton In this matter 1t seemed to be tho impression
throughout the country juggling by newspapers, that
tho defence was seeking in some way TO delay action;
such was the case. Nothing be accomp shed
by delay but all The defeuce wanted was fair trial
Inc question being on tho order submitted by Mr..
Whyto u was amended, on motion OF Mr. sherman by
sorting lieu thereof have leave to-" TO read,
'Ordered, that Mr. William W. Belknap have leave to
plead further answer &c
Pending discussion, Mr.. Manager Lord submitted tho
following
Resolved That in defaut articles OF i'm
plea of mot guilty"
Mr. TuuRnAs, of Ohio, said hc would move the prop
ost'on just submitted by Mr. Lord as an amendment 10
Mr. CnaisrANcY, of Michigan, asked III was the in
tenon Of the Senator IRON Ohio, by the orders sub
mtted to cut Off the right Of the defence TO argue
question Of the nvaidty OF the recent order OF the
senate on account OF Its not having twothrd vote
Mr. THURMAN replied that that question could DO
argued at any time though 1t could decided I'M
I'll the senate came TO final decision of the
Mr. EDMUNDs said he did not wish To be bound By the
question OF the Senator from Michigan the reply of
the Senator from Ohio.
Judge BLACK said 1t was not necessary 10 provide
penalty for default by anticipation II would De time
enough TO prescribe penalty after the default
made. the answer would probably DO in by the time
Mr. LOGAN had the eighth rule read, which provides
for tho ming Of By the defendant. and IN
Of default the trial shall proceed upon plea Of
MASAGxR LYxDK said that the managers believed
dilatory motions had boon INDUCED in too long and
without precedent He could lind no precedent, either
in England in this country, Tor dilatory pleadngs
He referred 10 the OF Judge Barnard and Others
and argued that II the Senate should continue to hear
diiatory pleas the trial would never end.
Mr.. BLAIR said the only diatory plea fled by the de-
fence was that in regard TO jurisdiction.
JUDGE BLACK said he did not admit that to DO dila
Mr. BLAIR (resuming) said the defence was forced
into trial without proper time ior preparation and now
ity OF the order adopted by the Senate He did not
think the Judgment Of the Senate could stand in
the would be ready to proceed with the argu-
ment, and he hoped the Senate would not take snap
judgment upon them.
MI LYxpE said the managers had no objection to in
duging counsel In any proper motion, but they wanted
some time fixed for trial.
Judge BLACK said he agreed with the Senator from
Ohio that motion filed by the defence to-day could
not be decided until the final determination Of the
case. but the defence should have the privilege Of
arguing the question NJ any time The decision OF the
Senate on the question OF jurisdiction in favor of
the defendant and not against him. as there was bare
nj mt he tvvn-f hirIo
vote. He argued that 1t required two thirds vote TO
express the Judgment Of the Senate collective
body. Less than twothrds was like the vote of
hall Of jury-it established nothing.
Manager LAriIAx said all tho managers desired TO
have operative order in the what should
be the future oil the pleading He agreed with
tho defence that the question OF two-thirds
being necessary to assert jurisdiction was available to
them Mt any stage OF the proceedings Tho managers
had no cut OF that question. They pre-
pared meet it. but they did want at this state OF the
case To put defendant IN position where no must
either answer or go 10 trial.
Before the vote was taken Mr.. whytcs order. he
submitted anotne order that the Senate, sitting as
court OF Impeachment, adjourn until TO- morrow ut
O'Clock r. NJ when argument shall be heard upon the
question submitted by counsel for the defendant
Mr.. LOGAN. OF Illinois, said before vOte tax en-
on that order tho convenience Of the counsel the
managers should be consulted. IL the Senate
going 10 takc the management OF the whole into
It's own hands they had better retire Tor consultation
TO what kind OF an order should BIO made
The vote was then taken on Mr.. Whyte's motion to
adjourn until tomorrow, and 1t was rejectcd-yeas 49,
nays, 23
Thurman tho original order Of Mr.. wnyte, to the
effect that, in deiaut Of an answer by respondent
within days. the trial shall proceed AZ upon plea
OF not guilty.
for the mcndmcnt, but no had no special objection
TO II.
yeas and nays.
As no quorum voted. the Sergeant at Arms was
directed request absent Senator's 10 attend After
short time the vote was again taken on the amendment
OF Mr. Thurman, and II was agreed TO by tho following
vote Yeas, 35; nays. 7.
Mcssrs Logan, Spencer Morrill,, OF Maino and many
other senators opposed TO Jurisdiction, did not vote
when their names were called.
Mr.. WHITE further modified his order TO read a.
Ordered, THAT Mr. William W. Beknap have leave to
this date and that answer merits within
days BY the respondent 70 the articles o.
The order, modified and amended, was agreed to-
yeas. SO; nays. T.
Mr. Manager LORD submitted an order that tho
18th OF July, 1876, the Senate, sitting Court Of I'm
pcachmcnl, will proceed to hoar the evidence
merits in the trial Of this case
Mr. LORD said the reason for fixing July ii was,
that the witnesses were oil scattered They were
both sides OF the Continent They might be gathered
together by tho LIST bur there was no doubt about
Representatives anxious that this trial should not
interfere with public business
Mr.. EDxUSDs moved 70 amend tho order Dy inserting
Juiy Instead OF Jelly IL.
Mr.. LORD accepted the amendment
Mr.. sARGEsr submitted amendment TO insert
Mr.. MORTON said there ought to be some opportunity
afforded senators 10 DO heard on this question Ho
did not this trial 10 DO spread over the whole
summer.
Mr. Manager MCMAHON said tho managers could be
ready by June IN The motion Of tho Chairman OF the
Board Of Managers 20 put u on until July was to
commodatc the public business
Mr. MORTON moved that the galleries DO cleared and
tho doors closed that the Senate might have oppor
tunMy for consultation. Reiccted--yeas IA, nays ~
Mr. MITCHELL, OF oregon. inquired II juno 10 would
give the respondents counsel such time they deemed
necessary prepare for tho trial tho merits Of tho
case
Er BLArR said that counsel for the accused had no
timc consult on the subject but be did mot think
they could be ready by that time, as
there were somo witnesses who could not be
brought hero by that date. Tho defence could
only Judge or the character OF the witnesses they
needed by the character OF those summoned for tho
prosecution. That side had summoned witnesses
whose testimony tho defence thought did not bear
directly upon The articles Of impeachment II those
witnesses should DO examined the defence would need
class or witnesses not sttainabs by that t,ms:
thousht In justice V me defendant ths sFi0 shssl