That, as
this respondent has been informed and believes, the said Stanton
peremptorily refused obedience to the orders so issued. Upon such
refusal no force or threat of force was used by the said Thomas, by
authority of the President or otherwise, to enforce obedience, either
then or at any subsequent time.
This respondent doth here except to the sufficiency of the allegations
contained in said fourth article, and states for ground of exception
that it is not stated that there was any agreement between this
respondent and the said Thomas, or any other person or persons, to use
intimidation and threats, nor is there any allegation as to the nature
of said intimidation and threats, or that there was any agreement to
carry them into execution, or that any step was taken or agreed to be
taken to carry them into execution; and that the allegation in said
article that the intent of said conspiracy was to use intimidation and
threats is wholly insufficient, inasmuch as it is not alleged that the
said intent formed the basis or became part of any agreement between the
said alleged conspirators; and, furthermore, that there is no allegation
of any conspiracy or agreement to use intimidation or threats.
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