, 1865-09-12
THE }CERZ TRIAL.
i Difficulty Between Counsc1-Lmpor-
TINT Testimony Of Mnj. Gen. Wilson.

WAsHSaToS. seit. 1I:-Atler the record Of
sstn1ag h had d. ,en ras Mr naser bEousht h
would he better to attend to nt this time. The
Judge Adyoeate had suggested ', him thatit might
t. subst og!ttas Of his - oT e. authority and
time before This tr3al commenced, the gentlemen
who were then acting as the prisoners Cou,sel n
quested that number Of witnesses for The dtf:n:c
should be sent for, and On their application ,hls
Va. done Some Of them could not be found, MI
others who weTc found had not get re-
ns the s e. not III n:Sss ssss
sclopcd which showed tho necessity Of other Wit
pents Fl out n % d. ia IL ?F Those as as
were scattered mostly In Georgia, and may be fom
In few days, but IN come pluces there wero no
communications. therefore, It WAS not probable
they could be reached by the time they were want.
ed 10 ,etIfy In this Court. Under these dscun1,
dctcIdant should haye the facilities which tbe Gov
esn1nrnt could afford. or whether he mus
be deprived entirely Of these Witnesses. II vas
The tncaEce in this way or not at all. The counsel
bcHcTcd this defendant could chow m ample dc
frpce- This uns their sincere belief and 1t wae fo1
making bis icnre Hit Was within the jnrs lic:io1
of ths court. Tic asked that messengers be des
patched with snbpnuas for such persons whom b
fence len c % Of The accused. The judge Aavosate but
ehovn every disposition to procure the attendance
Of Witnesses, 50 fat aE making ont suhpHnas VA
concerned, and far ns it wn- within the means
tie defence to EiEc their names, ~ had been fe
Guircd by the Judge Advocate. Some sixty or Set
cuty were in Nev York. Aftrt sih1ng them, The
cap1e to the conclusion that only seven or ten q
thc1u would be required and now that the trial vi
approaching IN end he repeated TINT The wftnesse
hc had asked for were absolutely necessary for tn
urjtoart's defence. They would not put the Cos
ernuept 10 Any unnecessary expense. SO taf 40 n
!ates 10 New York, Richmond and IN the nelghbol
foo1 The Witnesses would be cent f0r at tho e.
peuee Of The defence, hut further South, there bt
Ing greater difficulties and Increase cd expenses,
| became absolutely necessary that the Goselnncn
| ehould grnnt The Accommodation in the manner =
nIestcd. He (Bir. Baker> would BE- ready with th
list OF Witnesses tomorrow, In order that tho 1ae
| serser might leave at once.
Judge Advocate Chapman replied that The Con1
that the rule Be complied Vith, namely, that q u
OF Witnesses be furnished. Tint had not been fall
dom, ,nnd this morning the Court was called upon
meet the rqncst of Tie counsel thai another fpccG
messenger he cent South Hesa1d four weeks ngoth
Cne would be despatched to secure Wftncs.e-, uo1
for the defense Than for the prosecution. Taose
tic latter were mainly here at the time. The hall
Eenl to The Old Capitol Prison and after the defe
dpnt Ind been furnished with COPE Of the chatg
| md enccifscnticns against him, list of witncss
was 1adc ont BY the prisoner, supervised By MessE
| Hughes Denver and Peck. n that time his couuse
| TO Which was attached this endorsement BY Cap
Wirz: 1.-The above mentioned witnesses are all /
All Of ihs.e witnesses excepting four or I've ne
| here then. Absence Was accounted for by the "a