Mr. WHARTON. I should like to have the date of the affidavit from the warrant as part of the case of the United States. A witness was on the stand who by reference to a document in court could fix the date. Mr. Patterson said he could not speak of the date without reference to the warrant.

Judge CADWALADER. Is your sole purpose to get the date?

Mr. WHARTON. Not my sole purpose. It is to get the date and also see whose affidavit it was, and perhaps it may lead to an inquiry why that person is not here. I do not know who made the affidavit.

Mr. ASHTON. Nor do I. I know that the arrest was upon aan affidavit. Whose affidavit it was I do not know. Mr. Wharton can prove that as well as I can.

Judge GRIER. Can that be material in any possible point of view?

Mr. ASHTON. I do not see how it can be.

Judge GRIER. I suppose if that paper is found at any time it will be brought here and handed to the counsel.

Mr. WHARTON. That will satisfy us.

Mr. O' Neil opened the case for the defense as follows. [Address omitted.]

* * * * * * *

Mr. HARRISON. Before calling any wittnesses we propose if your honors please to present as evidence in this case, because they are matters of public notoriety an dpart of the history of the country, the Constitution, proclamations and laws and various proceedings of what is called the Southern confederacy as contained in these three volumes of as book published in the city of New York and entitled " Moore's Rebellion Record. "

Mr. ASHTON. For what purpose?

Mr. HARRISON. To show that there was such as Constitution and that

there were such laws, proclamarions and proceedings as they purport to be. I do not present them as evidence oof the Southern Confederacy to make or to issue any such laws, proclamation and Constitution but simply as part of the res gestoe of this case to go before the jury and before your honors so as to permit us to be heard in regard to them.

Mr. WHARTON. For the purppose of showing the existence of a government de facto claiming to be such and to administer justice and to regular those persons actually within its jurisdiction, whether rightful or wrongful that jurisdiction happens to be.

Mr. HARRISON. And to show the quo animo with this act was done.

Mr. WHARTON. Your honors are no doubt aaware that there are consequences resulting from the facts if the evidence is admitted which it is not necessary now to discuss but which will be discussed in an after stage of the cause. We are simply stating now the points of fact that we desire to prove and the purpose of laying those facts before the court and jury.

Mr. HARRISON. I stated to your honors the day before yesterday that I had made every possible effort to obtain that evidence in an authentic shape, but owing to the extreme difficulty - indeed I may say the impossibility - of postal comminication with the only source from which that information could be obtained we were compelled to resort to this as the only possible evidence of these matters within our reach.