The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-27
THE JAMES D. FISH TRIAL.
An Arrangement by Which General Grants
Testimony Will Be Taken.

New YORK March 26--The trial of Ex-presi-
dent James D. Fish was continued to-day.
Counsel for the defense said, in addressing the
court, that it was understood at the beginning of
the trial that the testimony of General Grant
would be taken de bene. Counsel desired to
take his testimony in several matters at this
stage, and weuld like to arrange time when it
could be done. The difficulty was that counsel
could not dispense with the testimony of General
Grant, because it was essential to other testi-
mony which counsel desired to put in.
District Attorney Root, for the prosecu-
tion, said it was but right, in justice to
counsel on both sides, to state that General
Grant had expressed a desire to have his testi-
mony taken and he had been anxious that the
case proceed. In consenting to this proposal the
speaker did so because he knew it was the wish
of the General. After consulting with u S.
Grant, jr., who was in the courtroom. it was
arranged that the deposition Of General Grant
be taken by notary in the presence of counsel
for the government and the defense, at a time
most convenient to the General.
Assistant Cashier Daboll, of the Marine Bank,
was then recalled as witness.
THE GENERALS DEPOSITION TAKEN.
General Grant was examined to-day, at his
residence, by consent Of counsel for both par
ties, before James Horace Fish, notary public,
and the stenographer of the court The counsel
present were Stephen g. Clarke and Ed
win C. Smith, for the defendant, District
Attorney Elihu Root for the government,
and Clarence II. Seward, General Grants ad-
wiser. There were also present Colonel Fred
Grant, Z. 5. Grant. jr., and W. A burlington.
1t was about 4:.0 when the counsel arrived at the
house. The General had just returned from
a drive through tha park. lie took a reclining
vs5os4tian in an arm chair and put his feet upon
anotiers~vhair. 1t was agreed between the
counsel that the testimony of the wit
ness be taken, subject to objections,
to be stated at the reading thereof
in court to omorrow. Administering of the
oath was waived, the deposition being taken
with the same effect by consent of the counsel.
The Generals memory as to details was defect
i've, but whenever the counsel seemed particu
larly anxious to get an answer the witness
tried to connect the event or date
with something else that occurred about
the same time, and thus got the answer desired.
His evidence was given in perfectly calm man
ner, without any show of personal feeling
against any one. He told all he knew about
the firm of Grant & Ward, even to
the circumstances of his entering the firm.
Once or twice the witness was asked if he were
tired, but he each time answered that he was
not
When the examination was concluded, short
chat took place between the General
and the lawyers. In the course
of it. General Smith remarked that
he thought the patient was looking quite
WELL WELL" said Gen. Grant in reply some
what slowly and seriously, II know am very
sick man."
The particulars of the testimony will be first
made known when the evidence is read in court
tomorrow.