Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-08-22

their position. and being without food or drink,
in consequences OF which many. to cit: the nun
Der Of thirty, whose names are unknown sick
coed snd died: srd then the said w<rsx. stifI
w,ckedy pursuing. did establish. and cause to be
designated siihin tbs prison enclosure containing
said prisoners, being line srosod the inner face
OF The stockode enclosing said prison, aud about
twenty feet distant from, AID within sala stock
ade; and bsvIng 60 established s.id dead line
which was in many places an imaginary line. and
in many other places marked by insecure
and shifting strips of boards nailed
upon small. insecure stakes or posts,
posts, aud he, the said Wertx, bad present a
guard 20 Ere upon and kill any prisoner afose-
said who touched. fell upos, cross beer, or under.
or across said dead line. Pursuant to which said
orders and Instructions. Daliciously and need
les.ly given BY said Wertx. said prison guard did
FIRE upon and kill . large number of said pris-
oners, TO Wit. to the number OF about 800; and
the said Wertz. sill pursuing bis evil purpose.
old keep ADD sse. furious and bioodthirsty for
human life bloodhounds 10 hunt down prisoners
of var Aforesaid, and Who made their escape and
did there and then silfully and malciously
suffer them to tear. mangle and MAIN the dead
bodies and limos of said prisoners of var. which
the said beasts, melted az aforesaid. there did,
wherebv q large number OF said prisoners who
during the time aforesaid made their escape and
we're rscaptursd, aud were By said beasts then
ard there cruelty and nhumsnlv injured, in
somuch that many Of said prisoners, to Wit. to
the number Of about 50 died; aud said Werr
still pursuing his wicked purposes and still aid
ing 10 carrying out said conspuscy, did use and
caused to be used for the intended purpose. i'm
purs and poisonous vaccinating matter, which
impure and poisonous matter Was then and there
by the direct order of the said Wertz. maciouslv
and cruelty and wekedly deposited in the arms
of manv of the said prisoners, by reason oil which
large numbers of them, 10 Wit the number of
OF 100, lost their arms; and many of them, 10
wii about the number of 300 were so injured
that they soon thereafter died; all of which the
said Henry Wertx we'll knew aud malciOusly CO.
incded in 10 aid Of the then existing rebellion
against the United States. with the view oil
weakening the armies of the United States
Charge Seeond.-Murder in violation of the
laws aud customs of war. Specification first: In
tits, that the said Henry wertz an officer in the
military service OF the 90 called Confederate
States. and of Andersonvile. in the State of
Georgia, on or about the Sth day of July, "A D.,
1864 then and there being commandant of
prison there located by authority of the 80 called
Confederate States fer the confinement of pris-
oners OF war taken and held ss such from the ar
mics of the United States, when acting as said
commsndant, wiluIly, aud of his own malice
aud aforethougbt, did make an assault, and the
said wertz, with a certain pistol called re-
volver, then and there. loaded and charged with
gunpowder and bullets, which pistol said Henry
Wertz held in his hand 10, against, and upon
colder OF the army Of the United States in his,
tss said Henry WeItE's. custody as a
prisoner OF war. whose name is unknown,
feloniously, and of his malice, did shoot iuhct-
ing, on the soldier aforesaid. a mortal wound,
with the pistol aforesaid, in consequence of
which said wound, murderously inflicted by said
ertz tha ia soldier fer srds lad Spaoif
cation Second In this that the said Wertz. an
officer in the military service OF the so-called
Confederate States, at Andersonville, in the
State of Georgia, on the goth of September,
1865, then and there. being the eommandsnt OF
prison there treated by authority OF the SO called
Confederate States, for the confinement Of priso
ners OF war taken and held such from the armies
Of the United States OF America. while acting
as said cOmmsndsnt, ieonOusly. and OF his
malice aforesaid, that he did jump upon. stamp,
kick, bruise, and otherwise pjure, with the heels
OF his boots, soldier belonging to the army OF
the United States, in this the said Henry
Wertz, custody prisoner of var, whose
name is known, from which said stamping kick
ing and brusing, N sliciousy inflicted oy the said
Wertz. he the said soldier, soon thereafter died
There are ten oIhar specifications which charge
crueltes on The part of the prisoner.
Judge Advocate Chapman then ssked the pris-
oner "W hat have you to sayf"
Judge Hughes said the charges were delivered
to the prisoner only yesterday. and we're not seen
by his counsel. viz: Messrs Hughes, Denver,
Peck and Louis Scodsunhil, until this morning.
De submitted the question whether reasonable
time should not be given she prisoner to prepare
his defense. What made an extension of time
more important was that three or tour weeks ago
different set of charges had been served; one
had been the charge Just read TEey were diff
fereDt in substance and form, and certainly
twenty four hours no sufficient tine to con-
slider them.
Col. Chapman felt il bis dnty to state charges
served Two or thres weeks ago embraced the es-
pecs substance. but not the form Of these just
preferred; the oulv addition 10 the charge OF con
spracy which 10 included ia the acts heretofore
alleged; therefore. the counsel should be pre-
psred 10 meet them and there should be no IN
reasonable dely We have subDeonead num-
Der of witnesses from the South, aud The wit
nesses for the Government are now il attendance
After hearing the arguments of counsel. fur
thsr, he Court ovsrruled the motion of the pris
oners eoai eel, sad the trial will be proceeded
with at once.
Mr.. Drnver inquired what rules were to
govern the case. whether the rules of Court
Martial or some other rules:
Gen Wallace, President OF the Court, replied
that the Court would serve counsel with a copy
OF rules relative to the argument and motinos.
The Court adjourned till to morrow.