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put before us here, we find this:

Mr. CARPEimcR. Now T call attention— it need not be rewritten or ooi>{e<l, of
conrso— to the stipulxition onpa;^ 15dof the lifPBACHHRxr Krcord, of three points
of fact Hnbmitted.

Mr. Mana^r McMahon. Section S is not competent, and to that we have re-
served the objection. That is:

"II. That in regard to all the applications made for leave to sellllqnors nt the
military posts the matter was referred by the Secretary of War to him, and by hf m
investigated and repcMrted on, and his report in sll oases was adopted by the secre*
tary of war."

On this we make the point that the record mnst speak for itself, which is the
question already made and settled ; and we put in the objection now to that pitrtio-
mar matter.

The President nodded but said nothing, and the reporter fails to
have the sustaining of the objection notect.

The PRESIDENT pro tempore. The Chair sustained the objection.

Mr. Manager McMAHON. The Record does not show that the
objection was sustained.



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TRIAL OF WILLIAM W. BELKNAP.



271



The PRESIDENT pro tempore. It xvill be corrected in that par-
ticalar. Shall the farther readiogof the minates be dispensed with 9
The Chair hears no objection.

The Senate is ready to proceed with the trial. Before considering
the pending proposition tne Chair will lay before the Senate a com-
mnoication from the Sergeaut-at-Arms, which will be read by the
Secretary.

The Chief Clerk read as follows :

Sbnatb of thb Umited States, Office of the SERaEANT-AT-ABMB,

Wathington, July 13, 1876.

Sir : Pennit me to commimieate throagh van to the Senate the ttcta in relation
to the snmmoning of John S. Evans ae a witnesft in the impeachment trial, and as
to his absence so &r as they are known to me.

I first snmmoned John S. Evans as a witness at the request of themanacers, and
by telegraph, April HSL Mr. Evans in response to this summons reoorted in Wash-
ington on May 3 and remained in attendance until the trial was atUoumed to July
6. He was then excused, not discharged, by the managers until July 6.

John S Evans was summoned the second time nnd on this occasion in behalf of
re«pondent, ard by telegram June 9S, Uie receipt of which he acknowledged next
day. /Believing ttiat his response in person to the first summons gave leg^l effect
to that summons although the same was by telegraph, and that therefore an at-
tttchment could issue upon that summons if ho should fall to appear upon tbo Gth, I
Judged It a wise economy to save the expense of a deputy's Journey to Fort Sill
with the sf>oond. and indeed the Senate will believe it was quite an absolute neces-
sitv when they learn that thus far in executing the orders of this court and secur-
ing the attendance of witnesses, I have been oMiged to furnish every needed dollar
from my own lean purse.

I h>arn through Mr. Fisher, the partner of Mr. Evans, by sereral telesrams from
Mr. Sbearcroft, Mr. Evans's book-keeper at Fort Sill, and by telegram from one of
the oflicers stationed at that fort, that Mr. Evans, about the middle of the first
week of Ju^y, started for Washincton, by Fort Bene, which would give him two
hnudred miles of staging before reiaching railroad at Wichita, Kansas ; and I far
thtr learn that that route within the past ten days has been subjected to unusual
fioods so as to greatly interrupt ihe passage of stages. Between Fort Sill and
Wichita there is no line of telegraph.

I have men at Wichita, Fort Sill, and Saint Loois, to hurry Mr. Evans toward
Wa»biugton if he should appear at either point
Very respectfully,

^^ JOHN R FREWCH,

SergetuU-at'Amu, Stnats UniUd StaUt.

To the Hon. T. W. Frrkt,

Frendent of the Senate.

Mr. CARPENTER. I have a telegram from General McDowell
wishiug to make a correction of a single word omitted by mistake in
the printing of his testimony, and I will ask to have the telegram
read.

Mr. Manager McMAHON. That has been agreed to. We have a
duplicate copy of the dispatch.

The PRESIDENT pro tempore. The dispatch will be read.

The Chief Clerk read as follows :

New York, July 10, 1876.

To Mr. Gabpbntbr,

Of eouneel/or Oener^ Belknap, Waekmgton^ D. 0-:

In line 43, page 1S6, record of impeachment trial, next after the words " except
so far an " and before the word "subletting," the word ** forbidding " is omitted
and the lack of it makes the answer absurd. May not this obvious correction be
made without my having to turn back and come in person before the court ? Have
telegraphed Maiaager McMahon. Please see him.

lEwiN Mcdowell,

Maoor-OeneroL

The PRESIDENT pro tempore. Is there objection to this correc-
tion f The Chair hears none, and the correction will be made.

Mr. WHYTE. Before voting on the pending order I desire to pro-
pound an inquiry to connsel.

The PRESIDENT pro tempore. The inqoiry of the Senator from
Maryland will be read.

The Chief Clerk read as follows :

Do the connsel for the respondent decline to state for the informa-
tion of the Senate what they expect to prove by the absent witness,
John S. Evans f

Mr. THURMAN. Mr. President, it seems obvious from the state-
ment we have heard from the Sergeant-at- Arms that this witness may
be here any day. I move that the conrt adjourn until to-morrow.

The motion was not agreed t.o.

Mr. BAYARD. I propose an order which I send to the Chair.

l^he PRESIDENT pro tempore. The Senator from Maryland has
propounded a question to counsel which bas been read. The question
of tne Senator from Delaware will be read.

Mr. WHYTE. Mr. President, I ask that either a response be made
to that inqninr of mine or a refusal noted.

Mr. SHERMAN. Let the interrogatory be read again.

The PRESIDENT pro tempore. The interrogatory of the Senator
from Maryland will be read.

The Chief Clerk read as follows:

Do the counsel for the respondent decline to state for the informa-
tion of the Senate what they expect to prove by the absent witness,
John S. Evans f

Mr. BAYARD. If it will not interfere with the intelligible reply
of connsel, I ask that the order I have sent up may be r^td for in-
formation.

The PRESIDENT pro tempore. The Secretary will report it for in-
formation.

The Chief Clerk read as follows :

That as a condition-precedent to the order for postponement of this trial asked for
jn (he 12th instant by the respondent., it is

Ordered, That the respondent inform the Senate what in substance he proposes
U> prove by John S. Evans, the witness on the ground of whose absence postpone-
ment is asked.



Mr. CARPENTER, Mr. President and Senators, I desire in the
first place to enter a respectful protest against being compelled in a
criminal case to state what we expect to prove by a witness. I do
that, not for its importance in this case so much as I hold that every
lawyer defending a person accused in any court owes it to his pro-
fession to stand by the regular practice, and I understand that to be
the regular prac'tice almost without exception, that where a defend-
ant in a criminal case is not in fault as to the subpoenaing of a wit-
ness he is not compellable to state what he expects to prove by that
witness.

In this case, however, one or two things I may state. In the first
place we expect to prove by Mr. Evans one reason why he was not
appointed wnen he first applied for this position, and that was that
he intended to form a partnership with Durfee, whose character we
shall show as a business man not to have been good, and that that
was one important reason why he was not appointed at first.

In the next place, let me say that Mr. Evans is the man upon whose
appointment tnese articles rest. We have never examined him nor
had an opportunity to do so. He has sworn twice before a commit-
tee of the Hcmse, and the testimony presented by the managers is
quite voluminous in manuscript. We nave never read it ; at least I
have never read it ; and I never supposed we should be called upon
to read it, because we had the assurance of the Government that Mr.
Evans was to be here. It seems now, from the statement of the Ser-
seant-at-Arms, that Mr. Evans was here and was released temporarily
by the managers themselves without consultation with us. Our wit-
ness has been subpoenaed by the order of the Senate, has been here,
has been discharged or released temporarily by the opposite party
without consultation with us, and we desire to call and examine him.

Now we ai-e asked, " Will you state what you expect to prove by
him t" We cannot, because we do not know what he will swear to
in regard to certain points. And, sir, in a trial like this where every
word we utter goes upon the record to be called back in the summing
up of this case to show that we were mistaken about what the wit-
ness would swear, we should be guarded and prudent. We know
this man Evans has had intimate' knowledge of the management of
that tradership from first to last, for he has been the tnuler. We
know from glancing through certain other testimony and from cer-
tain other fact« within our knowled^ that he must have knowledge
of certain subjects which we think if he would swear one way will
be important. to us ; if he would swear the other way it might not be
so beneficial to us. We think he will swear in our favor ; and yet
we do not know what he will swear ; and therefore we do not know
what we expect to prove by him.

Mr. THURMAN. Mr. President, I suggest to the Senate that we
can lose no time whatever by adjourning until to-morrow. The river
and harbor bill is ready to be token up, and no time whatever will be
lost. In the mean time this witness may arrive. I renew my motion
that the conrt adjourn until to-morrow.

The PRESIDENT pro tempore. The question is on the motion of
the Senator from Ohio.

Mr. CARPENTER. If the Senator will excuse me a moment, on
consultation with my client, I am informed that I have put the case
a little too strong as to Durfee's bad character. That is not the point ;
but there were other objections to Mr. Durfee's being appointed, not
touching his character as a business man, and I wish to correct that
statement right on the spot.

The PRESIDENT pro tempore. The Senator from Ohio Aioves that
the Senate sitting for the trial of the impeachment adjourn.

The motion was agreed to; there being on a division— ayes 26, nays
13 ; and (at twelve o'clock and twenty-five minutes p. m.) the Senate
sitting for the trial of the impeachment adjourned.



Friday, July 14, 1876.

The PRESIDENT pro tempore. Legislative and executive business
will be suspended, and the Senate wifl now proceed to the considera-
tion of the articles of impeachment exhibited by the House of Rep-
resentatives against William W. Belknap, late Secretary of War.

The usual proclamation was made by the Sereeant-at-Arms.

The PRESIDENT pro tempore. The House of Representatives will
be notified as usual.

Messrs. McMahon, Jenks, and Lapham, of the managers on the
part of the House of Representatives, appeared and were conducted
to the seats assigned them.

The respondent appeared with his counsel, Messrs. Blair, Black, and
Carpenter.

The Secretary read the journal of proceedings of the Senate sitting
yeet«rdav for tne trial of the impeachment of William W. Belknap.

The PRESIDENT pro tempore. The Senate is ready to proceed with
the triaL The Secretary will read the application of counsel which
is yot pending.

The Chief Clerk read as follows :

The respondent's counsel ask for an order that the further trial of this cause be
postponed until notice be given by the Senate to the House of BepresentaUves of
the united States and to the respondent. \

Mr. CARPENTER. That order was submitted in that form siinply
as a matter of convenience, because these openings and aA^onrnings



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272



TRIAL OF WILLIAM W. BELKNAP.



from day to day take so much of the time of the Senate. If tbe Sen-
ate wiiradjoum until Monday or until Tuesday or any day fixed, of
course that is all we want. We want the testimony of this witness
very much ; we cannot do justice to the defense without it.

Mr. SHERMAN. I move that the court adjourn until Monday and
then continue the trial, whatever that expression may imply.

The PRESIDENT pro tempore. The Senator from Ohio moves that
the Senate sifting for the trial adjourn to Monday next.

Mr. SHERMAN. The trial then to go on.

The PRESIDENT jw-o tempore. The trial then to go on.

Mr. COCKRELL. I desire to ask if anything has been heard from
the absent witness, Evans f

The PRESIDENT pro tempore. A communication has been placed
in the hands of the Presiding Officer by the Sergeant-at-Arms which
will be read by the Secretary.

The Chief Clerk read as follows:

The Sergeant-at>Ax]ns was telegnq>hed from 'Wichita, TCanaaa, yesterday noon,
in these words:

"Ko stages for several days; streams all impassable."

He has also a telegram this morning from one of his deputies looking for Evans,
saying that he has reliable information as to Evans npon which he bases the belief
that he will be in Washington by Tuesday next.

The PRESIDENT pro tempore. The question is on the motion of
the Senator from Ohio that the Senate sitting in trial acUourn until
Monday next ; the trial then to proceed.

The motion was agreed to ; and the Senate sitting for the trial of
the impeachment adjourned until Monday next.



Monday, July 17, 1870.

The PRESIDENT pro temj^e. The Senator from Kansas calls for
the regular order. Legislative and executive business will be sus-
pended, and the Senate will proceed to consider the articles of im-
peachment exhibited by the House of Representatives against Will-
iam W. Belknap, late Secretary of War.

The usual proclamation was made by the Sergeant-at-Arms.

The PRESIDENT pro tempore. The House of RepresenUtives will
be notified as nsuaL

Messrs. Lynoe, McMahon, Jenks, and Lapham, of the managers
on the part of the House of Representatives, appeared and were con-
ducted to the seats assigned them.

The respondent appeared with his counsel, Messrs. Blair, Black, and
Carpenter.

The Secretary read the journal of the proceedings of the Senate
sitting on Frid^ last for the trial of the impeachment.

The PRESIDENT pro tempore. The Senate is ready to proceed with
the triaL

Mr. CARPENTER. Mr. President and Senators, I understand from
the Sergeant-at-Arms that he learns from a deputy of his who is with
Mr. Evans that he is on his way and will be here to-morrow evening;
that he lost by an accident on the railroad about twenty-four hours
in his passage or he would have been here that much quicker. The
Senate having indulged ns two or three days to get this testimony.
I take it now, when we have a very good assurance that he will be
here to-morrow night, it will give ns until Wednesday morning for the
purpose of having the witness here.

Mr. CONKLING. Is the dispatch there f

The PRESIDENT pro tempore. The Chair will submit to theSenate
a communication from the Sergeant-at-Arms.

The Secretary read as follows :

Sbnatb of Tmc Unitrd Statis,

Office of the Sbrgeant-at-Arms,

WashingUm, July 17, 1876.
To Hon. T. W. Firbt,

PreHdent qfthe SenaUi,
Sib: John 8. Evans oiune oat of the Indian Territory by the flrst stage for seve-
ral days on Fridav ni^ht Satordav morning at four o^lock he took the cam at
Wichita, K ansa s , for Washington. "By accident he was delayed twonty-fonr hours
on the Atehieon, Topeka and: Santa F6 road, so that he did not make Saint Lnnis
nutil this morning, w ithont f artlier accident Mr. Evans will reach Wasliington
Tuesday evening.

Yery respeotfoUy,

JOHN R. FRENCH,
S0rgeant<U-Amu.

Mr. CONKLING. May I inquire whether there is a dispatch from
Saint Loo is f

The PRESIDENT pro tempore. The Secretary will read the dis-
patch from the Sergeant-at-Arms's depoty.
The Secretary read as follows :

Saiht Louis, Mo., July 17.
(Received at 0.46 a. m.)
To Hon. Jom? R. Fbbnch,

SergeantrOt-ArTM, Senate^ Washington, D. O. :
Telegram received. Evans arrived. We leave for Washington this morning,
via Vandalla.

W. S. DODGE.

Mr. MORTON. I desire to inqaire whether there is any affidavit
or statement on file showing what is expected to he proved hy this
witness, to show the materiality of his testimony.

The PRESIDENT pro tempore. The Secretary will report the aflS-
davit made on a prior day.



.]



The Secretary read as follows :

In United States Senate sitting as a ooort of impeachment
The UinTBD States

VM.

William W. Bbi^knap. !
DiSTBicT OF Columbia, m.*

W. W. Belknap, being first duly 9woro, on oath says that ho has stated to his
counsel, Hon. J. S. Black, Montgomery Blair, and Matt H. Carpenter, what he ex-
pects to prove by John E. Evana, and after each statement is advised by his said
counsel, and venly believes, that the testimony of said Evans is material and neces-
sary for his dofeuse in this cause, tbe said Evans being the same person upon whose
appointment the articles of impeachment are based ; that said aflRant is informed
and believes that said Evans is en route for Washington and detained by high
water obstructing the roads, but that he will be in as soon as he can get here, and
this application &r postponement of the trial is made in good faitii, and not for
delay.

WM. W. BBLESTAP.

Snbsoribed and sworn to before me this 19th day of July, A. D. 187G.

w. J. Mcdonald.

Ohi^f OUrk Senate.

Mr. EDMUNDS. Mr. President, I shonld like to hear the order
read on which the last adjournment took place.
The PRESIDENT pro tempore. It will be read.
The Secretary read as follows from the joamal of Friday last :

On motion of Mr. Shbbman,

Ordered, That when the Senate sitting for the trial of impeaehment a^Jonms it
be till Monday next, and that the trial wen proceed.

Mr. EDMUNDS. Mr. President, I move that the connsel have leave
to examine Evans at any stage when he arrives, and that we go on
under the order as it stands.

The PRESIDENT pro tempore. The Senator from Vermont moves
that counsel have leave to examine the witness at any time during
the trial.

Mr. CONKLING. I suggest that that order ought to be reduced
to writing. It involves particulars which we ought to consider.

The PRESIDENT pro tempore. The Senator from Vermont will re-
duce his motion to writing.

Mr. CARPENTER. WiU the Senate allow me to say, in that con-
nection, that we want to examine two or three witnesses, at least we
expect t^ do so, after examining Mr. Evans f The whole examination
of the witnesses after Mr. Evans arrives, on our part, I do not think
will exceed three hours ; but it is im'possible for us to know what wit-
nesses precisely we wish to call until we do examine him, and we
have no testimony that we can put in until we hear the testimony of
Mr. Evans.

Mr. Edmunds's order was reduced to writing and read, as follows:

Ordered, That the respondent have leave to examine John 3. Evans at any st^e
of the proceedings prior to tlie teruinatiofn of the argnment>in-ohief, to any matter
material to his defense.

Mr. CONKLING. Mr. President, may I inquire of somebody whether
that order would give the managers the right to call witnesses in
reply and the counsel for the respondent the right to examine wit-
nesses other than John S. Evans T

Mr. EDMUNDS. It would not without special leave.

Mr. CONKLING. Debate, 1 believe, is not in order, Mr. Preudent.

The PRESIDENT pro tempore. It is not. ♦

Mr. WHYTE. I offer the following as a substitute for the order
proposed by the Senator from Vermont.

The PRESIDENT pro tempore. The substitute of the Senator from
Maryland will be read.

The Secretary read as follows :

Ordered, That the Senate sitting in this trial a^oom nnta Wednesday, the 19th
instant.

Mr. EDMUNDS. Is that in order as a substitute f

Mr. CONKLING. It is in order to ac^joum.

Mr. EDMUNDS. So it is, but it is not in order as a substitute.

The PRESIDENT pro tempore. Tbe question is on the motion of
the Senator from Maryland, [Mr. Whytb]

The order was agreed to ; and the Senate sitting for the trial of the
impeachment adjourned until Wednesday, the 19th instant.



Wednesday, July 19, 1876.

The PRESIDENT pro tempore. Legislative and executive business
will now be suspended and the Senate will proceed to the considera-
tion of tlie articles of impeachment exhibited by the House of Repre-
sentAtives against William W. Belknap, late Secretary of War.

The usual proclamation was made by the Sergeant-at-Arms.

The PRESIDENT pro tempore. The House of Representatives will
be notified as usual.

Messrs. Lord, Ltnde, McMahox. Jbnks, andLxPHAM, of the man-
agers on the part of the House of Representatives, appeared and were
conducted to the seats assigned them.

The respondent appeared with his counsel, Messrs. Blair, Black, and
Carpenter.

The Secretary read the journal of proceedings of the Senate sitting
on Monday last for the trial of the impeachment.

The PRESIDENT i>ro tempore. The Senate is now ready to pro-
ceed with the trial.



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TRIAL OF WILLIAM W. BELKNAP.



273



Mr. CARPENTER. We propose to call John S. Evans. We un-
derstand he is here.

John S. Evans was called and took the stand.

Mr. CARPENTER. Mr. President, I desire to say to the managers
that Mr. John S. Evans is now upon the stand. If they wish to ex-
amine him as a witness on the part of the prosecution, we make no
ohjoction to their doing so. If they do not, we give them notice that
wo shall insist on their being held to a proper cross-examination.

Mr. Manager McMAHON. Mr. President, we desire to state to the
Senate that we shall claim the right to call out on cross-examination
whatever is legitimate and proper in this case. I think, after having
waited for nearly a whole week for the witness to come to acconmio-
date the defense, that the Senate will endeavor to expedite matters
by enabling us to put our questions to the witness upon cross-exam-
ination with the full privilege of the gentlemen in rebutting to ask
him to explain all those matters about which we may inquire^ which
will make one examination answer all the purposes of this case,
whereas if we now examine him the gentlemen on their side will
have a right only to cross-examine him as to what we examined into,
and then they mast put him on the stand, we cross-examine him, and
so on, making really a double examination, and upon the good sense
of the Senate on that question we rely now. The gentlemen may ex-
amine Mr. Evans.

Mr. CARPENTER. Mr. President and Senators, it will be recol-
lected that the manager stated to the Senate that Mr. Evans was one
of his most important witnesses. When he closed his case, he closed
it reserving the ri^ht to call Mr. Evans if he should appear at auy
time during the trial. Mr. Evans is now present. We waive all ob-
jection to his being examined in chief on the part of the Government
if they wish to examine him. If they do not, we shall insist, as far
as we can insist, that when they come to the cross-examination they
shall be restricted to the proper rules of cross-examination.

Mr. CONKLING. Mr. President, to avoid misunderstanding and
save time hereafter I offer the order which I send to the Chair.

The Secretary read as follows :

Ordered, Tliftt the managers proceed to exaxDine the Tdtneas Evans in chief ; or,
(riioold tbey decline to do so, tbe respondent may proceed to examine the witness in
chief, with the right of the managers to cross-examine him like any other witness.

The PRESIDENT pro tempore. The question is on the order pro-
posed by the Senator from New York.
The order was agi'eed 1o.
The PRESIDENT pro tempore. The managers will take the witness.

John S. Evans sworn and examined.
By Mr. Manager McMahon :

Question. Where do you reside now T

Answer. Fort Sill, Indian Territory.

Q. Are you the post-trader at that point T

A. I am not now. I am still there, not having turned over my
business. I have been removed and another party has been appointed.

Q. Who is your successor T

A. Messrs. Rice and Byers, Saint Louis, Missouri.

Q. How long have they been there f

A. They are not there at all. I do not turn over. the business until
the 15th of August. Tbey take possession at that time.

Q. That is under an order of the 6th of March last, I believe. How
long had you been post-trader at Fort Sill prior to your removal t

A. Since the establishment of the post, in 1869, 1 think.

Q. You derived your oriffinal appointment from whom T

A. On the recommendation of tne officers I was {^pointed by the
department commander.

Q. Who was he at that time f



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