第66章 EXAMINATION OF WITNESSES AND THEIR TESTIMONY.(6)

Answer: About 8 o'clock, before I had my breakfast. The command was to appear forthwith. I asked if he would permit me to see the President. * * * He went with me to the President's and went into the room where the President was. I stated that I had been arrested, at whose suit I did not know. He said. every well, that is the place I want it inthe courts." * * * I was required to give bail in $5,000. I asked the judge what it meant. He said it was simply to present myself there at half past ten the following Wednesday. I asked him if it suspended me from any of my functions. He said, "no, it has nothing to do with them." * * * Iwent immediately from there, first stopping at the President's on my way, and stating that I had given bail. He made the same answer, "very well, we want it in the courts."Question: Did the President at any time prior to or including the 9th of March, authorize or direct you to use force, intimidation or threats, to get possession of the War Office?

Answer: He did not.

No. 8.

April 11, Gen. Sherman was called by the defense. In the course of his examination Mr. Stanbery asked him the following question:

In that interview, (referring to a previously mentioned interview between the General and the President in the presence of Gen.

Grant) what conversation took place between the President and you in regard to the removal of Mr. Stanton?

Mr. Butler objected and the yeas and nays were ordered.

Yeas--Anthony, Bayard, Buckalew, Cole, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Hendricks, Johnson, McCreery, Morgan, Norton, Patterson of Tennessee, Ross, Sprague, Sumner, Trumbull, Van Winkle, Vickers, and Willey--23--22 Republicans and 11Democrats.

Nays--Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Henderson, Howard, Morrill of Maine, Morrill of Vermont. Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Stewart, Thayer, Tipton, Williams, Wilson and Yates--28--all Republicans.

So the proffered testimony was refused.

No. 9.

Counsel for defense put the following question to Gen. Sherman:

At the first interview at which the tender of the duties of the Secretary of War ad interim was made to you by the President, did anything further pass between you and the President in reference to the tender or your acceptance of it?

Mr. Drake demanded the yeas and nays, and they were as follows:

Yeas--Anthony, Bayard, Buckalew, Cole, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Hendricks, Johnson, McCreery, Morgan, Norton, Patterson of Tennessee, Ross, Sprague, Sumner, Trumbull, Van Winkle, Vickers, and Willey--23--12 Republicans and 11Democrats.

Nays--Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinhuysen, Harlan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Stewart, Thayer, Tipton, Williams, Wilson and Yates--29--all Republicans.

So the proffered testimony was refused.

No. 10.

The next question put to Gen. Sherman by the Defense was:

In either of these conversations did the President say to you that his object in appointing you was that he might thus get the question of Mr. Stanton's right to the office before the Supreme Court?

Objected to by Prosecution, and yeas and nays were taken:

Yeas--Anthony, Bayard, Fowler, McCreery, Patterson of Tennessee, Ross, and Vickers--7--4 Democrats, 3 Republicans.

Nays--Buckalew, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Davis, Dixon, Doolittle, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Grimes, Harlan, Henderson, Hendricks, Howard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams, Wilson, and Yates--44--37 Republicans and 7 Democrats.

So this proffered testimony was refused.

No. 11.

Mr. Stanbery, for Defense, suggested that the question had undoubtedly been overruled upon matter of form, at least, and put it again in this form.

Was anything said at either of those interviews by the President, as to any purpose of getting the question of Mr. Stanton's right to the office before the courts?

This was put and determined in the negative without a division, when Mr. Henderson offered it again in this form: Did the President, in tendering you the appointment of Secretary of War ad interim. express the object or purpose of so doing?

Prosecution again objected, and the yeas and nays were taken:

Yeas--Anthony, Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Maine, Morton, Norton, Patterson of Tennessee, Ross, Sherman, Sprague, Sumner, Trumbull, Van Winkle.

Vickers. and Willey-25--14 Republicans and 11 Democrats.

Nays--Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Vermont, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Thayer, Tipton, Williams, Wilson, and Yates--27--all Republicans.

So the proffered evidence was refused.

No. 12.

April 13, 1868--General Sherman's examination continued:

Question: After the restoration of Mr. Stanton to office, did you form an opinion whether the good of the service required a Secretary of War other than Mr. Stanton; and if so, did you communicate that opinion to the President?

Mr. Conness called for the yeas and nays and they were ordered, and resulted:

Yeas--Anthony, Bayard, Buckalew, Dixon, Doolittle. Fowler, Grimes, Hendricks, Johnson, McCreery Patterson, of Tennessee, Ross, Trumbull, Van Winkle and Vickers--15--6 Republicans and 9Democrats.