The New York Herald Newspaper, April 4, 1868, Page 3

IMPEACHMENT, | as Trial of President Andrew Johnson for High Crimes and Misdemeanors. TESTIMONY FOR THE PROSECUTION. tary and Newspaper Reporters and Telegraph Operators. F Wasuinatow, April 3, 1868. ‘The impeachment trial to-day was intensely dull, stupid and uninteresting, being confined almost en- tirely to the examination of shorthand writers who ‘made reports of Presidential speeches made here and at Cleveland, Ohio. The testimony of these re- Portorial gentlemen was given with great clearness, ‘and in that respect compared favorably with pre- yor Ceding witnesses, The examination, however, ‘amounted to little in real importance, for whether the reports of the President’s speeches were accurate or ot has nothing todo with what General Butler to- @ay called “‘his constitutional right of freedom | a. of speech. ‘The defehce place little weight upon the tenth and eleventh articles, as they believe the High Court will not dare to remove the President from office for mere of language, or even “indecency of Specch,” as the unbottled leader of tle Managers | that termed it during a Mt with one of the President's counsel, Mr, Evarts, this afternoon, ‘the complete weakness shown by the Managers from the very commencement, was @ subject of gen- eral rgmark; and the opinion seemed to be extend- img that the trial would certainly result in @ failure, in spite of the terrible threats and denunelations of radical leaders and journals. How the matter is regarded by members of the High Court | m: 4m general of course cannot easily be ascertained; ‘Dut certain it is that that portion of the outside world | yes. ‘which is not maddened by prejudice and hate regard | and J afterwards wrote it out. the trial so far as a magnificent farce, which is likely only to damage its authors. The impression is now ‘that if the Managers have not some stronger iesti- ‘Mony in reserve than that already produced, impeachment must result in another triumph for “the man at the other end of the avenue.” There are those, however, who , Still persist in saying that the radical majority ‘in the Senate are saetermined to remove the Presidentiat “<pstacle,” and that the value of testimony gna justice of the measure will not have the slightest weight with them in de- ‘cxding that this radical majority have entered ‘upon the trial solely to make a show of doing the thing in conformity with the constitution, not for the ‘The trining character of the testimony to-day, and | the NEW YORK HERALD, When was that written was written eA I appeared before he’ icra ot (Witness by direction of Mr. Butler placed his repor 5 is Gao wale speech? A. Yon Mis or the whole Q Was the report wholly made by you? A. Yes, long did the speech occupy in the deliv- I suppose some twenty or twenty-five rting did "8 8y8- reporting by sound and sense? A. We report the sense by the sound. understand you report by only? A. memory of of attention to thé sense? he ae IT 's atten- sir. Q, How ? A what method of piveeed on that ovcasion F Ey Ly Lunde we AL Yo And mot bg, tion to the State whether you were attending to the setting i¢ down in your notation, or attentling to setting it downjfrom Jour atvention to the sense and the sense? A. Both, Q. Your characters are is, they are to They are not letters? of recently, I believe? .A, ve ate Bato the ae of transcribing iia ner neairer amet fact " an ion. WI before the Mi was called ‘anes hot Know Want was Wanted with me, and when they told pened tomy Sia Rem fmyrera speech pen it in book, read ir which they desired meto Ry. econ raies Q. You read from ‘your stenographic notes? A. ‘The reporters for the Managers {ook it down, Q. Do you make @ sign for every word? A. Al- Moat every word, except that we some ai Dares” “ sometimes drop . You have signs which belong to every word, excepting when you drop the me races, A, Yes, Q. But not, as a matter of course,'a sign which Is the representative of a whole word. A. We have some signs representing whole words. Q. For the word “ jurisprudence” you have no one sign eee haa it? A. No, sir; I should write a Sy And that is an illustration of the proceeding? » Yes, sir. Counsel examined attentively the notes of the wit- ness, and seemed to Be apparently satisfied. James 0 RMON OF 4. Ov GLBERANE. a . Ciep! ‘as sworn and ¢% Mr, ButEER i OMS your busiwess? A. Iam at Q. What is present of Purpose of legally testing the guilt or innocence of the | Deputy Clerk of the Supreme Court of the District accused. Of course, if this be.true, it is idle to base any opinion upon the mere weakness of the testi- mony, and the safest course is to wait and see. J. B. McCullough, a newspaper correspondent, has been summoned by counsel for the President to give testimony in the trial, to show that the Presi- ae. dent in his reported conversation with him deciared | yr, his action in the Stapton-Thomas matter was with the view of only obtaining a judicial decision on the constitutionallty of the Tenure of Office bill. PROCEEDINGS OF THE COURT. Eighth Day. UNITED, STATES SENATE CHAMBER, WASHINGTON, April 3, 1868, Q, What was your employment on the 18th of August, 1866? A. I was then Secretary of Governor Fewer Secretary of State. re you @ phon ic reporter? A. Lam. Q. How consliersbie # ee been your experience ?* A. Eighg or nine years. Were you employed on the 18th of August to @ a report of the President's 5] h in reply to Reverdy Johnson? A. 1 was; | was engaged in connection with Mr. Smith for the Associated Press, and algo for the Daily Chronicie of Washington. beh a ae eerinan: i did, . Where was the speech made? A. In the East Room of the White House. Q. Who was present? There were a good eee Porter emt; Tn General Grant and several other distinguished gentlemen. Q. Were any of the Cabinet oficers present? A. I do age recollect. pid you report that speech? A. I did. . What was done with that report? A. Colonel ‘The chaplain prayed that the issue of this trial | Moore, the President’s private secretary, desired the Might restore peace to the country and establish one Government on its only true basis, liberty and | dan and myself untted in the labor heridan transcribed equality. As usual, no legislative business was done, but the chair was immediately after the opening assumed by | Associated Press, who took it and telegrap! ‘the Chief Justice and proclamation was made in due form. The Managers were announced and took their Beats, and directly thereafter the House of Represen- tatives, in Committee of the Whole, appeared, in Dumber about equal to the Managers. The journal, | Portion toalong hand ‘was read. In the meant! the galleries had be- come tolerably filled. To-day, for the first time, a dair sprinkling of sable faces appeared among the spectators. - AMENDMENT OF THE SEVENTH RULE. ‘When the reading of the journal was concluded Senator Drake rose and said—Mr. President, I move thatthe Senate take up the proposition which I Offered yesterday morning, to amend the seventh rule, I would ask a vote upon it. The Cater Justice—It will be considered before ‘the Senate if not objected to. It was read as follows:— Amend rule seven by addin, “Upon ali such questions the vote slall be without a ‘division unless the yeas and nays be demanded by one-fifth of the members present or ia gogo by the presiding oificer, when the same shal! taken.” Senator Epuunps—Mr. President, I move to strike out that part of it relating to the yeas and nays ‘Deing taken by the request of the presiding officer. | Senator Conxiuinc—Mr. President, not having ‘heard the motion of the Senator from Vermont (Mr. Edmunds), I ask for the reading of the seventh rule. It was read as proposed to be amended. Senator DRAK#—T have no objection to the amend- ment of the Senator from Vermont. ‘The rule was adopted as amended. On motion of Mr, DRake the ruies were ordered to be printed as amended. onal A. TINKER RECALLED. RLES Mr. BuTLER—Before interrogating Mr. Tinker I The 18 the message ited States communicatin, of the Secretary of State, the following:— LY, Lead the two Houses of Congress, of the 18th of lution of June, in submitting to the Legislatures of the several Genes an additional article to the constitution of the ‘nited Staies. i 4 Benator Te .¥ee—What article? ° Mr. ButLeR--The Fourteenth article. It is dated June 22, 1886. It is the same one to which the de. mpateh related. (An Executive document of the firet session of the Thiriy-ninth Congress.) In order to show to what the despatch referred, the message was handed to the President's counsel Yor inspection, after which it was read by the secretary. ‘The examination of the witness was then pro- ceeded with, You said you were the manager of the Weatern under the concurrent reso- | He Wouia, tnoretore, before publication, and in matter Mr. Smith, Mr. Sheri. gc; lege of revisi it rece to expedite the it was then taken and handed to the ie it over the country. Q. Look at that roll of manuscript before you and say if itis speech of which you transcribed a por- tion, A. 1 do not recognize any of my handwrit here. Té ts possible that 1 may have dictaied my Who Was present at tho’ ti writt Hi ; ; Goatinpenadenne teeta et recol Mr, Smith, Mr, Q. Do you know Colonel» Moore’s handwriting? A. I do not. Q. Did you send your report to the Chronicle? A. Mr. MacFarlane, who had engaged me to report for the Chronicle, was unwilling to take the revised speech, and desired to have the speech as delivered, or, as he stated, with all the imperfect and as he insisted on my rewriting the speech Ididso. It = ead in the Sunday Morning Chronicle of roth. Q. Have you a copy of that paper? A. I have not. Q. After that report was published in the Sunday Morning Chronicle did you see it? A. I did. Lex, amined ‘it very carefally. I had a curiosity to see how it would read under the circumstances, being a Nteral ence with the exception, perhaps, of a word chan; re and there. Q. How do you mean? A. When the word used would evidently obscure the ing I made the change, although perhaps I would not be able to point it out just now. Q. With what certainty can you speak with refer- ence to the Chronicle report accurate one? A. I think I can speak with certainty as to its bein; an accurate literal report, with the exceptions have named; perhaps there isa word or two changed here and there. Q. Give us an illustration of that change. A. My attention was called a day or two afterwards to the matter, Some correspondent, learning that the Chronicle Nad published a verbatim report, had carefally’scrutinizcd it, and he wrote to the Chroni- cle to say that in ove instance there was an expres. sion used by the Prestd “You and I has sought,” or something of thatkind; that expression; of course, was corrected in tie report I wrote out, MreBUTLER here sta‘ed that he was informed that there were two manuscript copies in the telegraph ofice, and that Mr. Tinker had given him the ong which was written ont at length as a duplicate, and not the origina! man ita! as he had supposed. vé to bring him in agai, and 2 he would send for bi. Cross-exaimination by Mr. EVARTS:— Q. You were acting in the employment of the - Associated Press? A. Yes, sir, In connection with Mr, Smith. nf . You were jointly to make @report? A. No; we were to report the entire speech, each of us, and we divided to save the labor of transcribing. Q. Did you take phonographic notes of the whole speech? “A. baid. Q. Where are your phon hie notes? A. I have looked for them and cannot find them. Q. At any time after you had completed the phono- graphic notes did you translate or write them out? A. did, ‘The whole? A. Yes, the whole speech. . Where is that translation or written manu- Tel Ih OMe in this city. A. Yes, sir, 4 “ Have you taken from the resbeds of that ‘ofMfive | script? ,A. I do not know; the manuscript, of what purports to be @ copy of a speech which was | course, was left at whe Chronicle omfice. I wrote itout telegraphed throt the country, or any portion of | in full for the Chronicle, in at, aa made by Johnson on the 8th of %. Have you never seen it since? A, Lhaye no. August, 1866? If #0, produce it. A. I have, sir; 1 . Have you made any search for it? A. I have Rave taken from the files what purports to be a copy of the speech in question (producing the document). From the course of the business of the office ere you enabled to say whether this was sent? A. It as the “sent” marks put on all the despatches sent Trom the office. eon this isthe original manuscript? A. That 4s the original manuscript. Q. Where was this rT ent to—what parte of the country, in the first place? By what association eras this h telegraphed? A. By the Ai Prens, by their agent in the city of Washington. Mr. Curtis, of the counsel for the President, was randerstood to object to the paper. Mr. BUTLER: n you tell me, sir, to what extent. bo) the Rly the hy ta a sent A go is ippore that they 4 ail parts of the country: i can’t state positive- frto New York, Philad Laon g 2) they are | & newspaper not. And these two acts of yours, the phonographical report and the trausiation or yanag.cet is that you had to do with the speech? A. t is all. Q. You say that subsequently you read a news- paper copy of the speeci in the Washington Chront- cle? A. Idid. Q. When was it that you read that newspaper copy? A. On the 1 gh of the publication, Sun- morning, August i. “. Where ware you ‘when you read it? A. Tread it in my room. a owes from that curiosity that you had? A. I read i. qoey Leg a aie . i ou fore you ob hour eng transeribed from tent Al had not. q. And have never secn them in comparison with y of the report? A. No, sir. jew York they are mn e country, . Have you befo ‘Grou ex om waved. Morning Chironiate oi the 10th of Raguet, 1960? at Mr. BoTLRER—You may step down for the present. | have. ‘TRSTIMONY OF JAMES B. SHERIDAN. Q. Look upon the page before you and see if you James B. Sheridan sworn and examined by Mr. can find the speech as you it? A. I find it — re, Q What is your business? A. 1 am a steno Q. Looking at that speech, tell me whether you Qe Wh joyed? A. At present in New York | report of che syvect of andrew Johnon Ga thet 0¢- Where em: ? A. ‘ork | repor e on 00. ity. , and if £0, what unds have you for doubt What was your business on the 18th of August, Mr. Evaats—We t to It is apparent ? A. Twas a stenographer. ¢ witness took notes of the speech, and the Q. State whether you reported a of the | notes have been written out. They are the best and President made on the 18th of At 1866, in the | most oy evidence of actual speech aa East Room of the Presidential ? A. I did. made, In all public proceedings they are entitled to Q. Have you the notes taken at the time of that | that degree of accuracy and | rth which v A. Thuve, the nature of the case demands. Whenever papers Q. Dil_you take that speech down correctly as it | of that be al authority are ited, then for ‘wan given? A. I did, to the best of my ability. the first time the question will arise whether the evi- Q. How long experience have you had as a re- | dence is competent. It is impossible to contend, on ? A. Some iourteen y the evidence of this witness, as it now stands, that he ears. Did you write out that specch at the time? A. 7 Seow out a part of it. - oa . Where? A. At the President's mansion. . Who were present? A. There were several re- porters present. There were Mr. James 0. Clephane and Mr. Francis 1. Smith, reporters, Q. Do you mean Mr, Smith, the official re of the House? A. I believe be wae at that time con- Becied with the Louse. Temembers the h of the President so that he can produce it by reciial, or so that he can say from memory that this is the speech. What is offered here? The same kind of evidence, and that alone, which would grow ont of some person who heard the President deliver the speech, and who quently wrote for the Chronicle a report of It. ould ray that.he thinks the report a true state- of the speech, This witness has told us dis- competency as }- “objection to SATURDAY, APRIL 4, 1868—TRIPLE from curiosity, to 8 that the manuscript is best evidence. If there were any evidence that the manuscript had been anperens peenape we: it be called upon to pro- luce it by some tec! of in r Bucl ener has been got inane, with it is thrown into ite paper basket? Therefore, sad, upon. that common incident e iness life, this is a car for the witness. The ques- tee. we Pa is this: —! . at a4 port, m your Knowledge 0! Tepol having twice it out, and having seen it the your curiosity awakened, can copy ? ts, and insel for t of that speech; from y« having heard it, having written it down in short- hand, Laving rewritten it once for correction by the President’s private secretary, and having agaln re- written it from your notes for publication, then it immediately after it was hav examined published—trom all these sources of knowledge can you that this isacorrectcopy? Thereupon the counsel for the President says he cannot, does he know. that? How does he know that he cannot Le every word of it? The dimculty is the ol pls doesnot apply, and I would con- tent myself with that statement of it, except that, once for all, I propose to put before the Senate an argument as to the evidence of atencerainio report- ing. Allow me to state, once for all, two authoritlés onthis point. I do not intend to argue the point hereafter, because I know that in doing so I should De Playing into the handy of that delay which has been so often attempted here, In O’Connell’s case, to prove his specches on that great triali— and no trial was ever conducted with more sharpness or bittcrnéss—the newspapers were introduced, containing what purported to be: Mr. O'Connell's Speeches, und the only proof adduced was that the papersgad been properly ge fe and issued from the office, the court holding that’Mr. O'Connell, allowing thesé speeches to go lor months without contradiction, musi be held er sr gers for them. In the trial of James Watson for high treason the question arose whether a copy might be used which was made even from pattlalmobliterated short- hand notes, and, after argument, the witness was aliowed to produce a transcript. Now, while (is authority is not exactly to the point raised here, | desire to put itin here, once for ail, in these ques- tions, because I heard the cross-examination a3 to the merits of Pitmau’s system of writing, aad as to the whole system of writing, and as to the whole system of stenography, being an available means of furnishing information. " Mr. EvArrs—The learncd Manager is quite correct in saying that I do not know but that this witness can repeat verbatim the President’s speech; and ‘when he offers himself a3 a witness so to do I shall not object. It is entirely competent for the person who has heard a speech to repeat it under oath, he asserting that he remembers it and can do 80; and whenever Mr. Clephane undertakes that feat it is within the competency of evidence, Another form of trustworthy evidence 1s the riey’s notes. Whenever that form is admityed, aud when the wit- ness swears that he believes in his accuracy and a reporter, we shall make no that 18 not trustworthy. But when the learned Mai r seeks to evade Tesponsibility and accuracy *through the oath of the witness applying in either form, and seeks to put it neither upon his present memory nor upon his own Memorandum, but upon the accuracy with which he has alee to ee Sapceraies in er newspaper report publis) ¢ Subsequent day, anc thereupon to give credit and autheaticity to the news- paper big send upon his wholesale and general appro- val of it, you must contend that the sacred ryght @ freedom of speech is sought to be iny: v throwing certainly ove of the most reap: i)>iile and most important protections of it, and that | romebody Who heard and can remember, 9 the edder wert eMIOnaUCOT My, Pe repeat it, must adhere in a court of justice; and \. > are not to be told that it is techuival io maintain in defence ef what has bec de- garded as ome cf the commonest and surost Lh in any free country—freedom of ech — that enever it is drawn in question ft shall be drawu in question on the surest and most faithful evidence, The learned Manager has said that you are familiar fs a part of the daliy routine of your Congressional duties with the habit of stenographic reporting and with the reproduction of speeches in neWspapers, and that you rely upon it habitually, and, 1 may add, are accustomed habitually to correct your reports, Correction is the first demand of every public speaker—correction and revision. With those re- ports dependent upon the ear and upon the sudden h of the ready writer, may not an mecorrect judgment be formed against a man as to what ‘was sald by him? And now, when sedulously this ne has undertaken that no such cousidera- tion of accuracy should be afforded to the Pregident of the United States, in order that that speech shouid be spread before the country with ail its imperfec- tlons— Mr. BUTLER ee gas pray, corrections, sir? Ihave not said that. 1 said that the speech ot the President's private secretary should not go to the pubiic. Mr. Evarts—The instructions of the editor were that the speech should be reported with all its im) tions, as caught by the shorthand walee without the opportunity for that re vision which Cia! pe" Re or in the halis of debate demands as a ene ic speaker at the hust- imary and important right, Whenever, therefore, Clephane 1 rise and from memory, swearing to his accuracy, or when he shall produce itis notes aud transcribe, as in the Watson case, some foundation for the proof oilered in this case will have been made. MR. TINKER RECALLED. Mr. Tinker was again called by Mr. Burien and made the following statement:--Yesterday when 1 was called upon the stand I was attending tomy duties in the telegraph ofice in the gallery; [had not a moment’s notice that ( was to be called. then telegraphed to the office for the manuscripts contained in the packages that were there that I had been previously examined about before the Managers. Theve documents were brought to me by a boy from the office and I brought them with me to the stand, and last night f deposited t an hy office of the’ Sergeant-at-Arms, and (is morfing brought one of those Rackages on the stand and T opened jt here, supposing it to be the one on which T was to be examined; but when! saw the reporters were put to some trouble about & 1 went to my ofice while Mr. Clephane was on the stand, and | have now got the speech telegraphed by the Associated Press on the 18th of August, 1865. + Mr. STANBERY—What- document was that which Mr. Butler handed to you, witness? A. That wasone of the documents « ‘ich I was examined. Mr, STANBERY—That ig pot the speech of the 18th of August. Mr. BUTLER—That ‘s the 220 of hp ina A ae Laughter.) You will find out what that docamen' is in time, gentlemen. (Laughter.) To the ‘witness—Now, sir, will you give me the document I asked for? ¢ cument produced.) Q. Is this the document von supposed you were testifying about then? A. ir. . you give the same testimony about that? ir. STANBERY—That won't do. Mr. BUTLER—We will give you all the delay bie. (Laughter.) To the witness—Now, sir, will you tell us whether this was sent agg the Associated Press? A. It bears the marks of having been sent. It is taken from the files of the day. Q. From the course of business in your office, have you any doubt of its having been sent? A. None whatever, Curtis, Lan nm for the President, objected to 8: Mr. the witness’ oj o After speech was sent out did you see it published by the papers the Associated Press re- port? A. Tcan’t say gg 1 think L did, Q Was that it to your office for the pur- pose of being transmitted? A. I did not personally receive it, but it is among the Press de- spatches sent on that day. JAMES B, SHERIDAN RECALLED. Mp. BUTLER—Will you examine that manuscript and say if you see any of your handwriting in it? A. I see my roe here. - Q. What is it that you have got there? A. Itis a of the speech made by the President on the tin of August, What year? A. 1866, Have you ever seen Mr. Moore write? A. A free many years ago, when he used to report for e National Intelti and I was @ reporter for the Washington Q. He was a reporter also? A. Yes, sir. q. Are there any corrections made in that report? A. Yes, sir. Q. Dia ren see any of them made? A. No, sir. Q. Is that the manuscript that was red in the President's office? A. I think it is; nm pretty certain that it is. . No doubt in your opinion? A. Not the least. it Was the President there to correct it? A. No, sir. Q. Then he did not exercise that great constitu. tional right of revision there to your knowledge ? Fa se Pe Aaa Pa SNA I tS em a SP SENSES SSOP ASDy SSE NPE, PED arn a SERN LOSE SERINE DO RESUS SUG «RAGE ASSN SST SABES U SENS ek: BG Od Gh ENE AI REET ENSUES SECS SALES A. Idid not see he left the East the President after Q Do you know whether Colonel Moore took Pop speech? A, do not; there was re, Q. Will you pick out and air, the jt in yar tandwaiing? Wiuins sertat 8 think you have all, eir, ow that was in ? A. Yes, sir, Kg by Mr. EVarts :— “ You have selected the pages Spas ope te ver Iwriting—you have them before you? A. ‘Yes, large a of the whole manuscript? PAT could hardly tellee Q. Now, was this whole manuscript made as a transenpt from fi mpt from your notes? A. This part that I Byer ee onl ou now in Praha cae rete a ame cy oe you have brought in evidence Q. Did’ you write it out from your st. notes, following the Iatter with your eyes, or Were your notes A. I wrote it from notes, reading which te, pesto ae Have you made any subsequent com of graphic notes? A. I have not. Q When was this Someeeee on your part? A. A Q What did you do with the manuscript after you went rom the table just after you wrote it? A. lam ‘Mic EVARTS—It is desired that you should have your original stenographic notes here. One of my associat air, desires me to put question, which Teas you answered ‘be- produced in your handwrit! was a true manu- seript of your notes of hat speech? A. It was, sir; ered. ‘ 9. ‘What was the change, sir, if any? A. I don’t writing we exercise a ent; we don’t 9 1 write out a speech just as it is delivered. Preside’ TESTIMONY OF FRANCIS H. SMITH. BUTLER. Q, Mr. Smith, arc you the oMicial reporter of the ir. _Q. How long have you been so ’ A.In tie position | now hold since the 6 manuscript now in your hands with your stenc- few minutes after was delivered. not certain, we ape that ended your connection with it? A. Mr, BUTLER—Put your initials on them, fore:—Whether that manuscript which you have pmee’s say it was written out exactly as it was de- that there were any changes, bu juently in {ute Jud ane if that a substantially true version of what the nt sald? A. It is, Francis H. Smith sworn and examined by Mr. House? A. I am, sir. of January, 1865. Q, How long have you been in the businéss of re- porting? A. Something over eighteen years. Were you employed and if so by whom to make are of the President's speech, in August, 1866? A. Twas emploved at the instance of the Agent of the Associated fiéad—oné of the ageats. a uo aided in that report? A, Mr, James 0, Clephane and Mr. Janfes B. Sheridan. Did you make such a report? A. I did, . Have you got your notes? A. I have. . Here? A. Yes, sir. Mr, Porinn—eroduce them. (Witness produced notes. Q. Atter you had made your shorthand report what did you do then? A. In SOmDADY with Mr. Clephane and Mr. Sheridan I retired to one of the oitices tn the Executive Mansion and wrote out a portion of iny notes. Q. What did the others do? A. Others wrote out other ons of the same speech. . What was done with the portion that you wrote? A. It was delivered to Colonel Moore, private secre- tary of the President, sheet by sheet, as written by me, for revision. Q. How came you to deliver it to Colonel Moore? A. I did it at his request. Q. What did he do with it? A. Read it over and made certain alt@rations, Q. Was the President present when that was being done? A, He was not. 2 HadVolonel Moore taker any memoranda of the speech to your knowledge? A. 1 am not awate whie- ther he had or not. Q. Did Colonel Moore show you means by which he kuéw what the President » to say, 80 that he contd correct his speech? A, Hedid not; he stated to me prior to tue delivery of the speech that. he desired permission to revise the manuscript sim- ply to correct the phraseoiosy, not to make any change tn any substantial manner, Q. Will you look and see if you can find any por- tion of your manuscript as you wrote it there? A. (after eXamining) | recognize some portion of it, sir. Q. Sepatate it as well as you can. (Witness disen- ed & portion of the manuscript, q. Have you yow got the portions occurring in two different parts of the speech which you .wrote out? A. Yes, sir. Q. Are there any corrections in that manuscript A. ‘There are, sir, quite a number, Q. In whose handwriting, if you know? A. In the handwriting of Colonel Moore, so far as 1 see. Q, Have you written out from your notes since the speech? A. I have. & is that ft as it is written out ?—(showing manu- script to witness.) Witness—It is, Q. Is that @ Correct transcript of your notes? A, It is, with two unimportant corrections. Q. Do you remember what they ure? A. In the senien “I could embrace more by means of silence, by letting silence speak what i ,should and what L'uught to say,” it should haye been “letting silence ” and the words “and you infer” had been omitted; and there was the word “overruling” om between the words “under Providence.” : by Mr. EVAR! TiN ase Paper ww mrcr ee agile Baa fA transcript of the whole speech—of the enlir’ apeeci? A, Yes, sir. 4) Prom yopr notes exclusively? A, From my nutes Exe usively. &. Have you any doubt that the transcript which you made at tie cutive Mausion was from your notes—was correct'y made’ A. I have no doubt the transcript made from my notes at the Executive Mansion was substantially correctly made. | remem- ber that having learned that the manuscript was to be revised, I took the liberty of makiug certain re- visions myself in the language, correcting ungram- matical eXpressions—(laughter)—changing the order of words in sentences in certain cases, and correc- tlons of that sort. Q. These ave liberties, then, you took in writing out your own notes? A. Yes, sir. Q. Have you ever made any examination to see what changes you have made? A. Lliave not and cannot now point them out, Q. Well, you have made a more recent transcript from your notes; did you ailow yourself the same liberiy now? A. Laid not. Q. That, then, you consider atrue transcript of your noes? A. It is, sir, Q. Do you report by the same system of “sound phonography,” as it ia called? A. Ehardly know, sir, what system I do report with; i studied a short hand when | avas @ boy going to shool—the system of honography as be cp ene by Andrews and Royte: I have included some cianges of my own since then and made various changes, qQ. Cun you phonographic reporters write out from one another’s report? A. 1 don't think any one could write out my notes, sir, except myself. ©, Cyuld you write out anybody else's? =A. Proba- biy not, unieas written with a very great degree of accuracy and care, Mit. ULBPHANE RECALLED. James 0. Clephane recalled and examined by Mr. BurLer—(manuseript showa). Q. You have already told us that you took the speech and wrote it out; tellus whether that is the manuscript of your writing out? A. It gg Q. Hus it any corrections? A, Yes; the first line. Q. Who made those? A. I presume they were Bene ape Moore. He took the manuscript as I wrote out, Q. Was the manuscript, as you wrote it, a correct copy of the speech as made? A. Lcan’t say that; } ered a8 pet ty the potes in the report as did in that of the Chronicle, a Q. Wi substantially accurate? A, It was, sir. i in any case change the sense? A. Not only the form of expression. y form of expression? why, sir? A. Often- — when it obscured the meaning to make It read- able. Cross-examined by Mr. Evarts—What rules of change did you prescribe to yourself in the devia- tions you made from your ste ic notes? A. As | said, sir; I made vhanges in the form of expres- sion, When the m did not present itself to you ok should you it clear? A. I will say, sir, that Mr. Johnson ts in the habit of speaking— Mr. EVARTS (interrupting)—Well, sir, was it that wheu the meaning did not present iteelf to you as it should hey eed A. Yea, air. att Q. W er rule of change did you allow your- sellt A. No other, ai. % 0 . oa ene A. Yes, sir, I may have; very often the singular verb was used where the plural | it to have le Q. You ¢or thegrammar? A. Yes, sir. Q. Can you suggest any other rule that you fol- lowed? A. I cannot, sir. TESTIMONY OF WILLIAM G. MOORF. ee G. Moore sworn, and examined by Mr. utiers— Q. What is your rank, sir? A. Tam apaymasterin the army, sir, with the rank of colonel. Q. When were you appointed, sir? A. On the 14th day of November, 1806, Q. Did you ever pay anybody? 4 iter.) A. No, sir; not with government funds, sir. (Laughter.) @. What has been qoar guy? A. have been on duty at the Executive Mansion. Q What kind of duty? A. I have been in the capacity of secretary for the President. ¥ 4 wae} ou so acting before you were appointed? . iwi Q. How long had you acted as secretary before you were appointed? A. I was directed to attend the President in the month of November, 1865. Q. Had you been in the army prior to that time? A. Thad vorm major and assistant adjutant general. \. Ys. War irtment? A. Yes, sir. . Did you hear the President's speech of the 13th of 18667 A. I did, sir, Qa ‘bia ou take any notes of it? A. I did not, sir. Q. Look at the manuscript which lies there before you and see Whether you corrected it. I don’t care whether you examined it all. Did you correct any portion of it? A. Yes, sir. Q. Where were the corrections made? A. In an apartment of the Bxeoutive Mansion. Q. Who werein the apartment wien you made the corrections? A, Francis H. Smith, Javies B. Sheri- dan an®James 0. Clephane, and, J think, Mr. Hol- land, of the Associated Press. Q. Had you any memorandum from the President by which to correet it? A. None, air. . Q. Do you claim to have the power of remembering, i Q. Th Ir. SHEET. : ater beni 6 speech, what @ man says? A. I do ™@ Didwt you know that the President that Cercle had bece Com his great constitutional jom of 8} . OUBTIS—That puts uestiol wins “eaagnter aq mm of law to the Didn’t you so understand - it od se ja . it, sir? A, To un. . STANBERY—We are to understand, nen, that it is constitutional to exercise freedom popes ? Mr, BUTLER—That it is constitutional to exercise Sais thie ag. It may be constitutional, I think, but not How dare you correct the President's reat, con- stifationst right of freedom of speech without any memoranda to doit by? (Laughter.) A. The autho- rity L assume How came you to assume the authority to cor- rect this constitutional right? A. It is a digi- ec to answer. m ree should you assume the authority to correct his ‘A. My object wes, us the 4 ech Was Ox-_ tem simply to correct the uage, and a bid cuanas tee jubstan ou a wot that m aware of. sherds Q Are there not pages there where your correc- tions comprise the mostof it? A, Iam not sir, that there are. From @ hasty examination [have made I think it possible feperrdee ti Seance tar nice aah them I do not know. oe meus: nae? you know whether anybody else did so? A. fou do that revision by direction of the A. I did not, sir, so far as I recollect. Aare Sinees ut A. No, sir, say ir, Smith, then and there, that {ou .did it by direction of the President, A. Not that eres, mes - ‘ou meun to say that mad je pegs k corrections, upon ‘ints very, fe sion, o1 Speech without hate has my impression, any authority wi ver After you made revis! wne'rreident o% Co sng snponmg to e you ever tel t you had taken that Mberty with his constitutior hey 5 A ant recollect. wep did. " Cope) . As you corrected the w what did you d with the manuscript? A. Praanuscripe ‘ae it was revised was handed to the agent of the Associated Press, who sent it to the office that it might be pub- lished in the afternoon Papers. Q. Was it publisned in the afternoon papers? A. I ow no Sets of - ‘as that 3) urporting to come from the President published Inthe Associated Preas de- spatches. A. I don’t know, sir; it reached sociated Press Oftice. Q. Was the same speech published in the Ilelli- moer ? A, The speech was published in the Jntelli- Neer. Q, Is that paper taken at the Executive Mansion? « Yes, sit, Q Was it at thattime? A, It was at that time. aie ane seen by the President? A. I presume it ir, @ Did he ever chide wrong or misrepresented A. He did not, sir; uever down to this day. never dong 80, sir, Q. Has Te éver said there was anything wrong about it? A. I have never heard him say so. Cross-examination was waived, Mr. BurLen—Now I propose, with your honor’s leave and that of the Senate, to read the speech, as corrected by Colonel Moore, Unless that is objected to I propose to put in evidence the report of Mr. Smith, the Associated Press report and the report of the Chronicle, You are aware, sir, that the President complains in his answer that we do not give the whole speech, We haye now brought all the versions that we can convenientiy give of the whole speech. If not objected to we will put them all in; otherwise 1 will only put in extracts, Mr, EVARTs—Which do you now offer? Mr. BUTLER—AIL. 1 guess we will get through with the whole of 1t. Mr. Evaxts—You have proved by a number of wit- nesses the version which pussed under Culonel Moors’s eye. Mr. BuTLer (interrupting)—I think I must ask that the objection must be inade im writing. Mr. Evawrs—Before it is made ¥* Mr. BUTLER--No sir, as tt 1a made, Mr. Evaki’s (coutinuing)—And the speech as itis proved in Mr. Smith's copy ani Mr. Sheridan’s copy We regard as in the shape of evidence, the accuracy of the report to be judged of as being competent evi- dence on the subject. ‘The speech in the Chronicle we do not un tand to be supported by any such evidence. We shail abject to that as not being authentically proved. The Lc in the Intelligencer seems to have boen overldoked by the honorable Manager, a3 it is not produced. The Chronicte’s speech we consider as not being proved by authentic evidence submitied to the court. The stenographic reports of the former, with oe proof to support them, and which ‘competent, may be considered accurate—their acouracy to be subject of remark, of course; and without desiring here to anticipate the discussion as to whether any of the evidence that ts here with refer- ence to the eleventh article is admissible, and sav- ing that for the purpose of discussion tn the body of ‘the case, we will make no other objection to the reading of the speeches, Mr. BUTL¥R—Do you want the whole of them read ? Mr. Evants—Whichever version you wish. Mr. BuTLER—We will put all of them in evidence. We will read one. RECESS, Senator TirToN moved to take a recess of fifteen minutes, betas ede suggested that the motion be Did President} the As- re or say you had done im in this speech at all? He has modified to an adjournment until three o’¢lock, a 200 Yakn ue. she order im regard t0 the Sr The question was put on taking the recess, which was agreed to. MOTION TO ADJOURN OVER TILL MONDAY. After recess Senator Guimes moved that when the sitting as a Court of Impeachment, adjourn Senate, to-day it urn to meet on Monday next. . Senator Duake cailed for the yeas and nays. The vote was taken, aiid resulted, yeas 19, nays 28, as follows: - YEAs—Senators Buckalew, Corvetiy Davis, Dixon, Fessen- den, Fowler, Grimes, Henderson, a Cretry, jendrick, Johnion, Mo- sbury, jorton, Patterson of Tenn. Ramscy, Sauls Trumolth, Yan Win Vickers and Wuson ia pa AY! atorn Came Cattell, Chandler, Conkling, Conners, Crasiy "Drake, Euinonds, Ferry, Feeling: hnysen, Howard, Howe, Morgan, Morrill of’ Me., Morrill of Vu, Nye, Patterson of N. VW, Pomeroy, Rost, Spragu Stewart, Sumner, Thayer, Piptos, Willey ana Williams.” THE PRESIDENT’S SPEECH READ. Mr. BUTLER proceeded. te read the manuscript of the President’s speech of the 18th of August, 186, as reported by Mr. Smith, and without the corrections made in the report by Colonel Moore. Senator ANTHONY proposed to call up the order which he had previot offered in legislative session in reference the admission of a reporter for the Associated on the floor of the Senate, The Cuigy Justice ruled :“at it was not in order, as Senator Conkling had offered it originally. Senator ANTHONY—Then I move that the oMcer be authorized to assign a place on the floor ate iated Press. ‘th to the reporter of the The tg Tuied that the reposition was not if order. “ Mr. EVanTs asked Mr. Butler what copies or ver- sions of the President's speech he considered in evi- ‘ dence. ‘Mr, BuTLER said he considered two copies in evi- dence—the one made by Mr. Smith and the one which had been corrected by the President’s private secre- tary. Mr. Evarts—And no other? Mr. BuTLER—I do not offer the Chronicle; not be- cause It is not oe but I have the same things in Mr. Smith's report. Mr. Evanrs—‘hen it is those two feporta you offer? Mr. BuTLER—Yes; and they will be both printed as part of the evidence. TESTIMONY OF W. N. HENDERSON, William N. Henderson sworn and examined by Mr. anal is your business? A. Tam a journalist by ocoulynere is your home? A. In Cleveland, Ohio, ‘ow a What paper Ge charge of or do you edit? . The Cleveland 55 Q Where were a ae the 3d or 4th of Septem- ? A. In Cleveland. bi: What was your business then? A, I was then one of the editors of the Leader, Q. Did you hear a speec! President Joha- son from the balcony of the hotel ? A. ldid, Q. Did you report it? A. I did, with the of another person. @ Who pie? “A. His name is Johnson. Q ae Pa eg published in the paper the next day . cy Have you a copy of it? A. I have. (Witness pro- ju It.) og you your 01 notes? A. I have not. Q@. Where are they? T cannot tell; they are pro- . What can you aa. to the accuracy of your remere except jortions A. A part was verbatim = ‘pea the report distinguish the parts whichare oot verbatim from the thatare? A. it does, 3 mo whether that Mr. Johnson said ie left ow 4 Mr. EvaRT8—Which Johnson, the President or the reporter Johnson ? ir BUTLER—I mean Andrew—last aforesaid. report leaves out some portions of Mr. Johnson's speech and states that in a synoptical rm. Was anything of it in there which was not said? A. There are words used which he did not use in stating the substance of what was said; there is nothing substantially stated which was said. Q. When was that Ly a ? A. It was prepared on the evening delivery of the cy . Did you see it after it was printed ? A. Tid. . Did you ever examine it?” A. I did. Q. What can you say as to the accuracy of the re port whenever the words were purported to be given? A, To the best of my recollection it was ac- curate, Q. How far is it, accurate where the substance pr ports to be given? A, It gives in substance the se without the words, Q. Taking the syhoptical part of the verbatim part of the report, does the whole togetier give the sub- stance of what he said on thatocensiony A. It does. Q By way of illustration take this part:—“Haven't you got the court? Haven't you got the Attorne General? Who is your Chief Justice Is that 1 teal part or & verbatim report? A. It is a oat report s-examined by Frante:— t and for whic $$ 3 3 3 ities of the President or » A. It was republican views of the President, as you to . The balcony from which Presiden! was also crowded ? A. It was. bet : Where were you? A. I was on the balcony. ¢ Were you in sight of the President? A. Y And what conyeniencea or ments you for notes? A. I took them on knee. Where did you get hp you get alight from? A. the At what time did you be; tl ening’ out your notes? fy yon thm oroloone “4 Q. When did you finish? A. Between twelve and’ ome. when aia th e r go t ‘ou Wi ie synop! Te, from your nt or trom our recollection Faded eonartoe os ere hs ‘ou added » You thi notes x ng: pera y ink, to the tA ut you me roduce all that noteat A. I did not. T endeavored to copy t hae Ad bara aot what ag erry said. ou meant meaning, 5 the det of IEF A ie honohain ‘What you mean exactly is, that yon meant to ive the arti. of the whole wher ’t report ms atin? ‘ ven mn you didn’t you not leave out any of the di to my recollecti y eT hee ion. Q. Have you ever looked to see? A. I have compared the speech with iy full report of it. tt od Q. Or with your own notes? RT did subse qnontiy com the speech with my notes, Qa “drift” part? A. I mean to say that I compere the peport with Sweat e part that is synopile ‘ou compare that with your notes? k Yes. % ¢ When? The next day, When did’ your noles disappear® A. In the pontne: Fold wens Sie were not rved at all, sure that you composed the re] your notes the following day? i 1 igded Id you destroy y S imten rata pot ‘oy your notes intentionally? A. ‘Then where are they? A. I cannot 3 Now, in reference to the part of the speech which you say you reported verbatim, did you at any time after writing them out that cr éranscript with the notes’ A. Tae conmren ne an For the purpose of seeing that it was accurate? 8 Vhen was that? A. Next di With what assistance? A, ance, to the best of my memory. Q. Did you find any change? A, There that te, jay. ‘ Without (ay assiet- pre some typographical errors in the reading of » proof. There were no material errors, Q. Were there no errors in the transcr \ trem your notes? A. I did not compare the t: \wript with my notes; I compared it as priuted. Q th what? A, With my notes, Mr. EVARTS—That was not ny question. Bu‘ did compare the speech as printed with your pn and not With the transcript? A. Yes, with my no. not with the transcript. Q. Did you find that there were any errors in the printed report as compared with your original notes? Aw There were some typographical errors. Q. And no others? “A. Not that I remember. Q. Are you prepared to say that you compared the printed payer next morning with sour phonographic notes and that your report in (he printed paper wos — correct? A. Tiey were not phonograp.ic notes. Q. What were they? A. ommon writing, ir. Q. Written out in jong handy A. Yee, Q. Now, do you mean to say that you c vrite out in long hand, word for word, a speech as it comes from the mouth of # speaker? In this in- stance I did write out portions of the ch. Q. Then you did not even have nw that were worth making except of a part of the speech? A. ‘That 13 all. Q. And you made the synopsis of the drift as it went along? A. Yes. Q. How did you select the parts where you should report sccurasely and the parts where you should give the drift? A, Whenever it was possible to report. correctly and fully I did so, and when I was unable to keep up I gave the substance. There were times during the speeeh, owing to the slowness with which the speaker spoke, when a reporter writing tn Jong hand Was abicto keep up with the remarks of the President. Q. Then this report was not made by the aid of stenography or shorthand! A. No, sir. be id you abbreviate or write out the words in full when you did write? A. I abbreviated in magy instances, Q. Did you recollect them? A. I did. ba Q,. Can yoo. gue an instance of one of your abbre- viations? “A. J cannot. Q. Without any printed paper before you how much of the President's speech, ax made at Cleve- land on the 44 of September, cau you repeat? A. None of it—none whatever; ‘bath, none. 9 Do you think you could give the drift of some of it? A. think I might. As you understand and recollect it? A. Yes. . Do you mean to be undersiood that you wi down one single sentence of the President's speevh, word for word as it came from his mouth? A. Yea + Q. Point out anywhere uny such sentehce? A. The sentence iy was read by the Manager wes written out aes Se word. to say that any ten consecutive ‘of your report, printed in your newspaper, yor wrote down in long hand, word | i how much‘? 1 down at 4 time; I have the impression, however, that there ‘was as much of it as that. Q. Can yousay anything more than that you in- led to rt as nearly as you could and '. ircums! without the ald of short-' rom your present memory? A. From my memory of the method with which the notes were taken. parts can you so state to verbatim ? A. I cannot swear that are his late words bag ae Ape tit is an AS What do you mean by accurate but not abso- luce? A. I mean to say that it is a report which gives the general form of each sentence as it was uttered, perhaps varying in one or two words. Q. You mean to say you intended to report as welk you could without the aid of shorthand facilities? A. I say in addition that there are portions which Q. Now I want you to tell me whether that which to be verba and paragraph of his speech. tay, you are confident that nothing been a ph after it was ES was leftout by your A. He did not speak You say you are sure you did not leave out what would be a ph? Did you leave ont what would be @ paragraph? A. I endeavored to give the substance of the President’s remarks on every subject that the President took up. Q. This synoptical report which you made ont, was i@anything but your original notes? A. It was cou- densed from them, Q. That is to say that your views, as written down, were in reduced in & shorter compend that night? A. Partly so. Q. Still you think that in that last analysis you had the whole of the President's speech’ A. I endeay- ored to give the meaning of it. ' oo you pretend to say that in refere hape i which any man sboula be judged in which any man shoul judged as from his own mouth? Mr. BUTLER—I object to the question. Mr. EVarts—I asked the witness if he professes to state that in this gees portion of the printed speech made by him it Js so produced ay to be Bho. erly judged as come from the mouth of the speaker. on f ‘Mr. ButLER—I make no objection to that. Witness—I can only say that to the best of my be> lief this is a fair report of what was said. Q In your estimation and beliefy A, In my estt- mation and belief. . You speak ‘of @ reporter, Johnson, who took® part, as I understand ou, in that busincss; what artdid hetake? A. He ‘iso took notes of what r. Jolingon said. Q. Wholly independent of you? A. Wholly inde- pendent of me. ' i synoptical to any din coming And the speech, as printed in your paper, was not from pis notes?’ A. it was made up from mine with the nce of his. 1 Q. Then you condensed and mingled the reporter) Johnson's rt and your own aad produced this printed result? A. Yes. ' What plan did Johnson proceed on in ie the drift oF effect of the President's speech? A. johnson took as full notes as ble, You mean possible for hunt A. Yes. How muoh of that report, and how much that analysis or estimation of what the said, Was made out of your notes, and how muck dohnson’s? A. Whenever Joinson’s | notes faller than mine I used his to correct mine, ‘Q. Was that so in many instances! A. It was noe so In & majority of instances, but in the considerable minority. wy a Jobnaon write iong hand too? A. Yes, Wat connection has Johnson With you ong the paper? A. He is the reporter of the paper. . Was there no phondgraphic reporter to take down tie speech? A, There Was none for our Paper thero were reporters present, 1 belleve, for othe pape : fexifiect examination by Mr. Butler:s— Q. You hav asked abont the manner ia which you took the spee were (here considerable inter- rptions? A. There were, (, Was there considerable howllag for the Pros dent? A. There was neccssary howling. 2. Why necessary? A, Because of the interrup. of the crowd. CONTINUED ON TENTH PAGE. %