After the charges against the president were made, Henry Stanbery asked for another 30 days to assemble evidence and summon witnesses, saying that in the 10 days previously granted there had only been enough time to prepare the president's reply.
John A. Logan argued that the trial should begin immediately and that Stanbery was only trying to stall for time. The request was turned down in a vote 41 to 12. However, the Senate voted the next day to give the defense six more days to prepare evidence, which was accepted
Benjamin Curtis called attention to the fact that after the House passed the Tenure of Office Act, the Senate had amended it, meaning that it had to return it to a Senate–House conference committee to resolve the differences. He followed up by quoting the minutes of those meetings, which revealed that while the House members made no notes about the fact, their sole purpose was to keep Stanton in office, and the Senate had disagreed.
The defense then called their first witness, Adjutant General Lorenzo Thomas. He did not provide adequate information in the defense's cause and Butler made attempts to use his information to the prosecution's advantage.
The next witness was General William T. Sherman, who testified that President Johnson had offered to appoint Sherman to succeed Stanton as Secretary of War in order to ensure that the department was effectively administered. Sherman essentially affirmed that Johnson only wanted him to manage the department and not to execute directions to the military that would be contrary to the will of Congress.