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Question by the Committee. -When Mr. Hous-consequence, I believe, of a wound received ton threatened to whip Mr. S. before he left the whilst he was in the army. I do not know this House, and you remonstrated against it, did the myself: but the general impression was, that it terms of your remonstrance point to the impro- disabled him. As to its being generally known priety of assaulting him in the House, or to that by those acquainted with him, and by those of assailing him at all for what had passed? within the limits of Tennessee, I can speak with
Answer. I think my remonstrance was placed some certainty. Governor H. has been a can. upon the ground of the impropriety of assailing didate for public favors at different times in that him in the House, and during the session of State, once for Governor; and during the canCongress. That was the general scope of my vass, his friends have spoken freely of the cir. argument, and I do not recollect that it went cumstance. I heard it often talked of, as he farther.
was a candidate for public favor. Question by Mr. Bates, of Mass.--In that ALEXANDER BUCKNER, a Senator of the U. conversation was any thing said of assaulting States from the State of Missouri, was then him ekewhere than in the House?
sworn in behalf of the accused, and testified as Answer. I do not recollect that there was follows; viz. any conversation about assaulting him in any Question by the accused.-Were you in comother place.
pany with the accused previous to, and at the Felix Grundy, a Senator of the United time of, meeting with Mr. Stanbery? If yea, States from the State of Tennessee, was then state the circumstances that preceded and ocsworn on lo alf of the accused, and testified as curred at the meeting. follows, viz.
Answer. On the evening of the 13th, I think Question by the accused.-Was the accused after tea was over, at my boarding house, I stepat your room shortly before you heard of the ped into the room of Mr. Grundy; we sat there meeting between the accused and Mr. Stanbery? conversing for a few moments. Governor 1. When, and with whom, and for what purpose entered the outward door, and passed down the did he leave your room?
passage, intending, as I thought, to pass the Answer. - As well as I can judge, about thirty door of Mr. Grundy, which was partly open minutes before this occurrence took place, Go- at that time. As he came opposite the door he vernor Houston was going along the passage in-halted and looked in. I spoke to him, and ask. to which the door of my room opens; the door ed him'into the room; we indulged a while in was not entirely open or entirely closed. Mr. idle playful conversation. Mr. Blair, who was Buckner, who was sitting in my room, disco- in the adjoining room, in a few minutes stepped vered that it was him, and asked him to come in also. Gov. Houston was relating some anec in, remarking that we were not conversing on dotes, which occupied our attention some fif any secret matters. Governor H. came in, and teen or twenty minutes, when Mr. Blair and seated himself. We conversed on several dif- myself rose to retire. We walked out of the ferent subjects. Mr. Blair, who occupies' an'room, it being a very fine evening, and turned adjoining room, and could easily distinguish'carelessly towards the outward door, not having the voice of any one speaking in my room, be- any particular object in view. Governor Housing acquainted with Governor H., shortly after ton came after us, and as he stepped out of the came in likewise. The conversation assumed a door, took each of us by the arm, one on each light pleasant character, and in which Governor side of him, and bore us up the Avenue. We Houston told some anecdotes which amused continued in light conversation, walking slowly, us a good deal. In a short time Mr. Buckner till we come to the cross street which runs up and Mr. Blair walked out of the room. I to the City Hall, across the Avenue at the end was under the impression they had retired of the brick pavement; when we got to that to their rooms, but discovered afterwards that place, Mr. Blair observed that we had gone far they had not. Governor Houston arose also. I enough; we had gone half way with Houston, asked him to remain. He said he must go and that to be polite he ought to go back with home, as he had rested badly the night before. us. Houston answered no; saying, I think, I knew no more of him until five or six minutes that he had company, and must go back. afterwards, Mr. Blair returned, end told me that At that time we all faced about, Houston was Governor H. had beaten Mr. S. Mr. Stanbery's rather in the rear, Mr. Blair a little in the name was not mentioned by Governor H. in my advance on the right. After we faced about,
I did not think of him, and do not know Mr. Blair moved off very briskly, without whether any other person did.
waiting for me to go with him. I was surprised Question by the accused—Do you or do you at this movement, and asked Houston what not know that the accused is badly wounded, makes Blair go off so fast. Houston was and disabled in his right arm; and is not that standing not directly facing the palings, but fact generally known to the persons acquainted rather quartering towards it, and quartering to with him
me; without answering my question, he ap. Answer.- I have no knowledge on that sub-peared to shift the position of his feet. I saw ject for three years past; for Gov. H. has not nothing at the time, but soon discovered a gentlelived near me for nearly that time. I know that man coming across the Avenue, and pretty near since the year 1815, (I think m, knowledge of to us, and near to the pavement; at the time I him then commenced in Tenn'ssce,) he did la- did not recognize the individual when I first bor under a severe injury in his right arm, inlobserved him, but as he approached nearer and
was in the act of putting his foot upon the pave- answer for what he had done.” He repeated ment, I discovered it to be Mr. Stanbery. It-that he had disarmed him, and borne off his occurred to me that there would be a difficulty pistol.” Houston then walked off and left me; between them, having understood previously then, after standing for a few moments, I that there had been dissatisfaction between walked off and left Stanbery standing with the them. Houston did not reply to my question. crowd. I saw no more of it. As Stanbery approached nearer, he appeared to Question by the accused.—Is the stick now halt in his place. Houston asked if that was Mr. shown to you the one used by the accused on Stanbery; he replied, very politely, and bowing that occasion ? at the same time, "Yes, Sir;" then, said Hous Answer.-I think it is. ton, you are the damned rascal; and with that, Question by the accused.-Had you any, and struck him with a stick which he held in his what previous acquaintance with the accused? hand. Stanbery threw up his hands over his Answer. I had no acquaintance with the achead and staggered back, his hat fell off, and cused until my arrival in this city during this he exclaimed, “Oh, don't.” Houston con- session of Congress in the latter part of the wintimed to follow him up, and continued to strike ter. It was that (time) I first saw Governor him. After receiving several severe blows, Houston ; I think he was introduced to me by Stanbery turned, as I thought, to run off.- Judge Grundy, or by some one in Judge GrunHouston, at that moment, sprung upon him in dy's room. Since that time I have seen him the rear, Stanbery's arms hanging down, appa- but rarely, and have no intimacy or acquaintrently defenceless. He seized him and at- ance with him. I met and passed Governor tempted to throw, but was not able to do so. Houston, as a gentleman who had been introStanbery carried him about on the pavement duced to me as such by my friends. some little time; whether he extricated himself, Question by the accused.--Did any thing pass, or Houston thrust him from him, I am not able while you were with the accused, indicating any to determine. I thought he thrust him from intention on his part to way-lay, or attack Mr. him; as he passed him, he struck him and gave Stanbery? or did the meeting appear to you to him a trip, Stanbery fell
; when he fell, he still be so sudden and unexpected ? continued to halloo; indeed, he halloed all the Answer.-Nothing of that nature passed betime pretty much, except when they were tween us, either then or at any other time. I scuffling. I saw Stanbery, after having re- had no idea that Houston had any intention at ceived several blows, put out both hands in this that time to attack Mr. Stanbery, or any body way, he then lying on his back. I did not dis- else, and as being together was entirely accicover what was in his hands, or if any thing was; dental, and I believe the meeting of Mr. Stanbut I heard a sound like the snapping of a gun bery and himself was entirely accidental, there lock, and I saw particles of fire. Houston was no lying in wait in the matter at all. If we appeared to take hold of Ştanbery's hands, and had not made a halt as we did, Governor Houstook something from them, which I could not ton would have been twenty or thirty steps in see. After that
, Houston stood up more erect, advance of the crossing of Stanbery, and would still beating Stanbery with a stick over the have missed him altogether. head, arms, and sides; Stanbery still kept his Question by the Committee.-Was the stick or hands spread out
. After Houston's giving him bludgeon now presented to you split or fracturseveral other blows, he lay on his back and puted at the time of the assault? up his feet, Houston then struck him elsewhere. Answer.- I had not previously examined the Mr. Stanbery
, after having received several stick, but the first blow or two did not indicate blows, ceased to halloo, and lay, as I thought, by the sound that it was fractured; after it was perfectly still. All this time I had not spoken so, it became very evident that it was so, by the to either of the parties, or interfered in any sound of the blow. manner whatever." I now thought that Stan Qnestion by Mr. Bord.—How many blows bery was badly hurt, or perhaps killed, from during the rencontre, according to your estima. the manner in which he lay. I stepped up to tion, did the accused inflict on Mr. Stanbery Houston to tell him to desist, but without being with the stick he then and there held in his spoken to, he quit of his own accord. Mr. hand? Stanbery then got up on his feet, and I then Answer.-I really did not count them, nor am saw the pistol in the right hand of Governor I able to say with accuracy, but he gave him a Houston, for the first time. Some altercation great many. passed between them; Houston observed that Question by Mr. SLADE.-Of what timber is he had taken the pistol from Stanbery. Mr. the cane with which the blows were inflicted on Stanbery, about that time, asked Houston "why Mr. Stanbery? he attempted to assassinate him in the night? Answer. I believe it is young hickory. Houston replied, "he had not attempted to
Question by Mr. ARNOLD.--How long did you assassinate him, but had chastised him for remain in Mr. Grundy's room after Houston having traduced his reputation." By this time, came in? a crowd had gathered round; and some person,
Answer.--I suppose, perhaps, about twenty I do not know who, spoke to Houston-Hous- or thirty minutes. ton replied, "that he attended to his business, Question by Mr. SLADE.—Is, or is not, the cane and that he had chastised the damned scoun- with which the blows were inflicted apparently drel; if he had offended the law, he would loaded at the lower end ?
Answer.--I should presume not, more than after, or repeat, and which I forget as soon as I with an ordinary ferrule on the outside. can after I hear it.
HENRY Haw, a w tness on the part of the ac Question by the Committee. Who was the cused, was sworn, and testified as follows, viz: gentleman to whom you alluded as coming into
Question by the accused. --Are you acquainted your room? with the handwriting of William Prentiss?' If Answer.-Mr. Mardis, of Alabama. yea, is the affidavit of Luther Blake, now shown Question by the Committee.-What day was to you, in the said Prentiss' handwriting? it, and what time in the day?
Answer. I am acquainted with the handwrit Answer. I do not know what day it was, it ing. I should say it was mean of course the was in the evening at 7 o'clock. body of the affidavit.
Wm. D. Shaw, a witness on the part of the Question by the accused.- Are you acquainted accused, was sworn, and testified as follows ; with Luther Blake? if so, what are his habits of Question by the accused.--Do you know Lutemperance? Has he not been in the habit of ther Blake, and had he not to your knowledge getting drunk nearly every evening, or night. business of importance to settle here when he What was his situation when he left the city, left the city, and did he not leave the city unand was not his going away sudden and unex- expectedly? pected?
Answer: I have been acquainted with the To this interrogatory Mr. WICKLIFFE object- gentleman for some time past. I knew of his ed, and the question was put, Shall the interro- having business to settle here, and I believe of gatory be propounded to the witness? importance ; and I did not know of his inten
And passed in the affirmative-Yeas 88, nays tion to leave here more than an hour before he 68.
did leave. The Yeas and Nays being desired they were Question, by the accused. Did he not leave had accordingly.
his said business here unsettled when he went And so the House decided that the interroga. away? tory be put, and the witness answered as fol Answer.-I think, in relation to some busilows :
ness of the western Creek agency, he left it Answer.-I know him very well; he is some unsettled. times irregular; he was somewhat excited when Question, by the accused--Did or did you 'not be left here ; I did not know he was going un. understand from the said Blake, that he had til half an hour before he started.
been dismissed from public employment on acQuestion by the Committee.-What is the ge- count of charges against him ? neral character of Luther Blake for truth? To this interrogatory, Mr. Patton, one of
Answer. I should certainly believe any thing the members of the committee, objected ; and he should say.
the objection was sustained by the House. The Hon. Joun Tipton, a Senator of the U. Question, by the Committee.-Do you know nited States from the State of Indiana, was where Blake is gone, what called him away,and sworn and testified as follows:
when he expects to return ? Question by the accused.--Do you recollect Answer.--He informed me some time before a conversation taking place in your room some he left, perhaps as much as an hour, that he was days since, in the hearing of Mr. McCarty, a going to Fort Mitchell
, in Alabama, and thence merchant of Indiana, relative to an alleged dif- to Florida. I did not ask when he would reficulty, pending between the accused and Mr. tnrn. He expected to go from thence to the Stanbery, of Ohio? Will you state what was Western Creek Agency some time this sumsaid?
He did not informn me what his business Answer. I do recollect of a conversation in was, or what called him away. my presence, when Mr. McCarty, of Indiana, Question, by the Committee.---Do you know was present. A gentleman came into my room whether the business of the Creek Agency, in and asked me if I had heard the news? I care which the said Blake was concerned, was in lessly replied that I did not know or something such a state that it could have been settled imof that kind, and asked him what it was; he ob-mediately had he remained in this city? served that street talk or rumour said that there Answer.--I think not. was a difficulty between Governor H. and Mr. Question, by the Committee.--Was there any $. and that it was rumored, that the Governor had such particular intimacy between you and Lu. written to or challenged the member. That Mr. ther Blake as would have necessarily given you S. had declined the meeting, and that, probably, a knowledge of his intended journey long bethe Governor would cane or whip Mr. S. for fore he started ? something which had taken place. I replied
Answer. There was none. that I had heard nothing of it, and knew no And thereupon Samuel Houston was remandthing about it of my own knowledge ; but it ed into the custody of the Sergeant-at-Arine, seemed to strike the attention of Mr. McCarty, and withdrew from the bar. and he went on to converse with the gentle And the House adjourned until 11 o'clock, man, saying, that probably something does ex- A. M. ist between them, for he was in Mr. S.'s room
WEDNESDAY, APRIL 25. and saw two pistols on the table. I know no Mr. STANBERY, having called Duff Green thing more upon the subject ; it was given to as a witness, who came up in the bar and was me as street talk, a kind of talk I never inquire sworn, ibe following discussion took place
Mr. STANBERY proposed the following in- investigation presented itself in such a manner, terrogatory
that it would be impossible, on the present What knowledge have you of the late Se-trial
, to bring forward all the necessary, evig cretary of War attempting to give to Gov. dence, unless they were determined to break Houston a contract for the supply of Indian through all the rules of evidence recognized by rations in 1830
judicial tribunals. It might be necessary, to Mr. WICKLIFFE objected to the proposed inquire what the late Secretary of War had interrogatory. He understood that all discus- said, some 12 or 13 months ago, with regard to sion was, by the rule which had been adopted, the transaction alluded to; or it might be neces. confined to the memher objecting, and the sary to inquire what others had said about it, counsel for the accused. He regretted the so as to ascertain the quo animo of the parties. situation in which, under that regulation, he were these matters which they could connect then found liimself, and would be happy if an, with the present trial; the inexpediency was other member of that House, who felt the same no less evident than the impracticability of ubjection as he did to this
interrogatory, would such a procedure. The member from Tennestake his, (Mr. W.'s) place. If no one did so, sce, (Mr. Polk,) had distinctly promised the he should proceed to state bis objections to the House that, if no one else did, he would, bring putting of this interrogatory. He understood, forward a proposition for the full investigation that this question was intended to lead to an of the transaction. Its introduction on the pre. investigation of a transaction which had nothing sent occasion was, therefore, not only inexpeto do with the duty of thai House as to the lient and impracticable, but unnecessary, Mr. case before it—which had not, or cught not to W. said he objected to the investigation for anhave any influence on the issue of the trial other reason--as he should have done to much then pending. Whatever might be the differ- that had already been introduced, if he had not ence of opinions entertained in or out of that felt indisposed to be thought troublesome by House, as to the transaction in question-what- the House~and that reason was the consump. erer might be his (Mr. W.'s) own opinion as to tion of the precious time of that House. If that transaction he thought there could be there was to be an investigation, let it be but one opinion as to the impertinency, and in- made by a committee, with full powers to applicability of the proposed investigation in send for witnesses and papers, and to examine the decision of the question then before them. into every thing connected with the transacHe (Mr. W) had ruted in the first instance tion. Mr. W. concluded by saying that he had against the interrogatory of the counsel for the thus endeavored, in a few words, to discharge accused, calling on the member from 0..10, what he thought a duty incumbent on him, (MT. STANDERT,) to produce whatever eviboth with regard to the propriety of procedure dence he had in his possession as to the sup, in the case before them, and to prevent a needposed fraud. In every instance since, he had less waste of the public time. expressed his decided opinion that the investi Mr. ARNOLD thought the House would be gation of that transaction did not belong to the placing itself in an awkward attitude by consid. inquiry as to the guilt or innocence of the partvering this motion. What would become of at their bar, in regard to the charge of assault; the testimony of the two witnesses who had a majority of the House had, however, seen already been examined, and of the testimony proper to indulge the counsel for the accused of his colleague, (Mr. Blain, of Tenn.,) all of so far as to permit the witness to answer bis in- which had been entered on record ? He was in terrogatory. Since that time, evidence had favor of acting on the proposition of the genbeen introduced on the part of the accused, not tleman from Kentucky, as, if the interrogatory to disprove the facts, stated in the affidavit ut should be objected to, the ground upon which Luther Blake; but to discredit his moral cha- the gentleman from Ohio (Mr. STAN BENT) stood racter; they had been asked, not to go into the would be swept from under him, that interroinvestigation, to show that the statements in gatory forming the entire basis of the investithat affidavit were incorrect, but they had been gation which he was anxious to enter into. asked to discredit them on the ground that Mr. MERCER argued, that there was no Blake was not a temperate man:
What were more impropriety in going on with the examithey asked to do by this interrogatury? To nation of the witness, than in receiving the depermit the witness to state his knowledge as to position of Mr. Blake. There was an incon. the conduct, wishes, and acts of the late Se sistency in rejecting the oral testimony of one cretary at War, in endeavoring to give to the person, when they had accepted the written accused at the bar a fraudulent contract for evidence of another on the very same subject. Indian rations. For what purpose was this in- The distinction which was attempted to be quiry to be instituted: Was it to enlighten made, was too refined for his (Mr. M's) undertheir minds, or guide their judgments, in de standing. The House had decided that the ciding whether the rights of that House, as a question of the contract for Indian rations legislative body, had been violated? or was it should be entered into, and he (Mr. M.) saw no intended, if the facts should be proved, to ag- reason why it should not now be carried on. gravate the punishment of the accused, if any
Mr MITCHELL, of S. Carolina, took the punishment should be inflicted.
same view of the subject as the genıleman from Again, as to the question of expediency: Be. Georgia (Mr. WAYNE) did. He considered ihe side being wholly inapplicable, the proposeu testimony as clused ; and that the geötleman
from Ohio (Mr. STANBERY) had, by special fa, the United States, with the government of vor, introduced witnesses for a specific pur- themselves: if any of their body offende:), his pose, and that the indulgence did not extend offence could be punished, according to its na. further.
ture and extent, by reprimand, by imprisonMr. BURGES wished to have the vole read ment, by expulsion-a punishment infinitely loy which the witness had been brought to the heavier than any they could inflict on the rebr. Was it on record ?
spondent. His defence, therefore, as to the Mr. BOON said, if Duff Green was not at the falsity of the charge, however it might mitigate bar as a witness, by a vote of the House, by his punishment, could never justify his offence. what authority was he there?
He concluded, after some further observations, The SPEAKER said, the journal of the House by repeating that this ought not to be held as was not made up until after the daily adjourn the trial of an individual, but of their violated ment. The witness was at the bar by the im. rights. plied vote of the House ; for his appearing Mr. STANBERY said, he had not wished to there had not been objected to by any member; appear in that House as the accuser in this and it was the every day practice of the House transaction; but it had been asseried, both in to adopt measures by a tacit assent. It was a that House and out of it, that the statements he case of frequent occurrence, even in the pas. (Mr. S.) had made were false. He now offered sage of bills.
to prove that they were true. He was aware of Mr. BURGES said, the trial was not now the reluctance of members to stand forward in whether the charge against the respondent were this matter; and he well knew the danger to true or false ; it was not a question of whether wbich they exposed themselves by so doing; he he had assaulted the gentleman from Obio or knew the threats which had been made by the not; or whether he had assailed the dignity and Executive against any member who should dare privileges of that House ; it was none of ihese in that House, to oppose his wishes--but, (said points that they were trying ; but they were Mr. STARBERY,) i am willing to bare my bo. trying the question of whether the respondent som to the assassin; and, even if he should had been concerned in a fradulent transaction stand alone, unsustained by a single member of It was altogether a mis trial; for, even if the that House, he was ready to carry on this inves. charge against the respondent, as participator tigation, and prove the iruth of his former as-, in the imputed fraud should be false, still it was sertion. All he asked of the House was, the no excuse for him for having undertaken to power of a compulsory process, to compel the violale the law and the constitutional privileges attendance of witnesses. of the House. The House, he contended, by Mr. BATES, of Maine, rose to a question of its former votes on the subject of the interro- order. He would ask, if the member from Ohio gatory put to the gentleman from Ohio, (Mr. (Mr. STAN BERT) meant to say that the Presi. ŠTANBERY,) by the counsel for the accused, dent of the United States had threatened any respecting the evidence of the fraud which he member of that House? might have in his possession, bad, in fact, said Mr. STANBERY replied; yes; and I am reato the respondent, go on, and if you can show dy will proof that he has done so. ibat you are innocent, it will, in some measure, Mr. WICKLIFFE begged the gentleman extenuate your conduct. That being the case, from Ohio not 10 suppose that it was any aphe asked where were they to stop? They were prehension of any consequences which might bound, he thought, to proceed, and ascertain follaw, that had induced him to oppose this in. if the accused was the innocent citizen he had vestigation: he had always endeavored to disa described himself to be. They had permitted charge his duty in that House with a proper the character of Blake to be aspersed ; they feeling of responsibility; but it was not dread of had heard him discredited by his own table any danger which he might incur, that had then, companions, as a confirmed drunkard ; they or ever would, dictate the course he should had seen the attempts which had been made to pursue. Mr. W. repeated the necessity which impair his testimony-testimony which, if true, he saw, from the state of business before the would fix on the accused the whole weight of House, the late period of the session, and the a participation in the alleged fraudulent trang. absence of witnesses, whom it would be neces. action. Should they not call in evidence, then, sary to summon from distant parts of the Union, as to the truth or falsity of this matter? Cer that the investigation should not then be entertainly they should ; in his opinion they were ed into. Mr. W. concluded, by asking the called on to do so, in justice to themselves, to ayes and moes on the question of putting the the country, and io the individuals concerned. proposed interrogatory. Having heard part of the defence, it was fit Mr. COULTER rose to a point of order. By they should hear the whole, before they arriv. a rule of the committee, it was not competent ed at a judgment in the matter.
for any member to call an additional witness, Mr. BURGES, after some remarks on the except by order of the House, majority which had permitted the respondent The speaker said, no objection baving to go into the question of fraud, said that he been made, by any member of the House, he would by no means admit that if the charge was had taken it as the will of the House that the false, he was justifiable in taking a blu geon witness should be called. If any member now and beating the member making it to his feet. objected, he would put it to the House whe. The members of that House were charged, byther the witness should remain and be examined.