The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-25
,ermssion for the Judge Advocate 70 proceed In his

permission for the Judge Advocate 70 proceed In his
argument on the motion to overrue.
The Judge ADVOCATE said that side from the question
OF jurisdiction there remained really but four questions
First motion to quash thu charges and speer
hcstions for vagueness and nenn'teness AZ .he
question had already been deeaaeo oold oy nos %s
make any remarks upon the subject Second That the
court constituted Of the same members having nken
cognixancc OF the case and the prisoner having been
aagned and his life put in jeopardy, therefore the
Court could not proceed toSty the prisoner In re-
ply Colonel CHIPsAS said 10 would only read an
official opinion from Judge Ho Chief of the Bureau
Of Military Justice, who is the aw-e1poubder 70 Tar as
the army 's concerned. This opinion s 10 substance
that party who has been aralgaed should not ne re-
gnrded having been tried until the government has
pursued the 90 conclusion, ind he aas been aen
ally acquitted convicted and the judgment Of the
Court has been thereon announced There m'st be \
formal caui,ta conviction The next question raised
by the counsel for the defendant that the prisoner
should not DC held to triai but ought to be
discharged, because Captain Noyes, officer
of the star Of General Wilson, had rromised
CAPTAIN Wirz that if he should give certain ni0rnlon
winch he did, 10 Gcnerd! Wilson, he should have safe
conduct gong and returning to his home ard The ina
question was that the agreement between N'hrrals
Johnson aud sherman absoiNeG ihe prisoner ro"l the
Consequences Of the violation of .he laws of war In
sur or' Il ms motion that The pleas nsaGicient
drd hG,iid bn oVcirled
rolon"l 'nfahN read an srsuEncnt, which he had
sseed {" "ri'os H. be argued, ,Gcc was volaon Of
remedy was fsarst General wilson ana not before this
Col1t H. alter the dctci idaI, brought General
Wilson. II Was sec cred ai Nisz guilty OF great
Tor 'eitns ma Un Genera Wilson had nu power 10
aisoise she prisoner rem crne promise safeguard
pre- nus 'sse Of police o1icr who says,
Come win to the magistrate; viii
see in,i you arc r"i injured The magistrate discover
lns 'p ia" nan ~ guilty ui crime takes means FOR the
'lai ~ ibe prisoner. IL alleged that Captain
Ntye aried on The instructions Of General Wilson
TIE ta-rs similar therefore The plea should be
oV'ifni"d The Court must bear MUD that the plea
IN -" docs uo, sstme that there has in this case been
io.nai acquitia or conviction. There now remains
hasa In Arch hat
ahd Nhafions Criminal Law, the plea must set out in
farm The pardon granted In the absence Of this the
plea " 'lc counsel II, therefore, had II very
tam by the action OF the government and the opinion OF
the Attorney General that neither the amnesty procla
nation of The President the terms of surrender be-
tween Generals Grant and Lee, and sherman and
Johnston intended pardon those who had been
guilty OF great crimes The later proclamation Of the
PTesd"nn h0wed that these captuloons did not work
pardon those coming within their terms; else why did
they see men who had been engaged in the rebellion
every day bcsieging the President and asking par
doD: u would be rec0llected that judge OF the
Cned states Court had charged the jury to in
quire into offences under the rebellion, and in
the criminal court OF this district the Attorney General
pronounced the rebellion still existing Suppose as
Of the late President had been rebel soldier and
after committing the act had escaped ana returned to
Johnsons army, was supposed the terms Of the capt.
uai0n would prevent the assassin from being brought
to trial?
Mr. BAKER of the counsel supposed that, according 10
the Universal custom OF law proceedings they
quired say something in 10 their adversaries
IN the first place the prisoner IN humble servant in
the called Southern confederacy Distastefu
as II might be- we must look upon il as fact that
there was a civil war for four long aud distressfu
yeas The prisoner, he repeated was servant and in
sirimcnt in the hands Of the Southern authorities
such he had charge OF prisoners because his
duty In defending the prisoner he must do his duty
The defendant is crimnaly charged with atrocious
GRIMES which may never he proved to be facts. 1t
wond be most inhumap thing 70 take It for granted at
the threshold that he rs guilty The charges are merely
paper and II the duty OF the investigate
and see whether they are true II alleged that he
lt,tf afn eNeltl tlS v.tnn III.
o"nse, deny that he did % AZ all; but he there
The Union prisoners starved, away and
some never returned. Would any member Of the
court say that any heu,cnunt or major gen
eral IN ti,r Union army should be held
acconn'abe 10 any tribunal or every outrage and in
detenry. for murder under The laws 0f per.
hays unknown 10 them; per'ap as he had seen it under
their very eyes In aome instances they might, hnt not
Tor all the atrocities The charge against prisoner
is that he romoiteJ these acts II ne half OF what
alleged against 'he prisoner bord he proved true he
shond snner 10 the iu extent Of The law. The prisoner
in, tied 10 come within tho tniUn lines and
pr'ni.ed he should have safe con,uct 10 depart What
insiicriUn coud there he for vt''aon Of the usges
of civilized warfare! Where would ,hey find the pledge
Of commanding oticor s.o.s,eof The Judge
Advocate had raid co'.WHu'ng general
,n;nic or st ~ do his urda.sT. 3at j! any com
mandinp general well deserving OF his stars, shouId
invite humble servant 10 come within his lines
aud should violate his promise NJ saf conduct and hold
him prisoner and wy him Tor nnr, r, would 4
I've the arorious violations of the rules
and oy good iaithy Where did ihe Judge Advocate
ret his authority? Certainly not IN the books undcr
the authority OF the tinted State. This Of the
points Of the defence. The prisoner held wrong
uy. The counsel would say ths with respect Tho
prisoner was eDticed within our lines and the pledge
gwen him 81 80 con, uet broken There might he an
tor The officer breaking hs pledge, hut this SHOULD
Dure 10 the benefit Of The accused, fhe arnrd a!vo-
cate compared thr brIp ny OF the prisoner under promise
that he should not be harmed, mo line, TO
stable eniicng party before MAGISTRATE who holds
gentleman did not design 10 bring this case
~ such low aud degrading condition; but
the dncul,y IN hs hrs, i 'hal the magistrate
.oun IN .l al.
II IN the Sc ond commanding general has the n glt to
make the promise aud then according To The Law
of God and he Is required tn respect H. AS 10 the
plea OF the unconsituonay of Lying man after once
being put on his trial. ne would not the point He
could not BE- twice nut IN jeopardy Of bis life. II the
Court should concur IN his p as he would be gratitcd If
not hs would be content 10 20 on MN the case
THE PLEAS ovruRuLgp.
The cleared for delibelsion, and when The
door reepened IT Was announced by the President
that tie Cou overruled the plea except as to iursdc
ton Wbif is not yet argued.
Nj. BtsgR-we plead the general issue. not guilty OF
the chsrgs aud specifications.
Judge Advocate CaAPsAS--The Court is now ready to
60 on with The case
The rues adopted by the Court were read, providing,
among other things, Thai he hour OF meeting shall be ten
A. NJ, and al one o clo h t two that the cx-
animation oI witnesses shall bc by OF the Judge Ad-
voraes and OF the counsel for The prisoner the argu
nents W occupy ave minutes on each side
The JuDex ADvocArs said he would offer ia evidence a
letter daied Andersonyijle, Ca October O. 1864, and
signed by the accused
EXAMISATTo> OF MR.. MARTIN 4. RoHIN-OS.
lartn y. Robinson having been swoin, testified thst
he IL clerk Ia the military comm ssiOn the letter was
shown 10 the witness this he aid the letter he
hbted TO the prisoner at the O Capitol last Sunday the
hrst time he ever him lac asked the prisoner that
occasion whether that the letter which ho wrote 10
General Wilson; the prieoner reptd thai copy,
a true copy. oi the which amt
The Court oserrulcd an objection made b, Nr BAKER,
wh-n the letter was read, - toliows:--
ASpERsohvtLLp Ga May :. 1865
drWrn-.it " Nh Sr~st rciu'tancs hat address you
these lines, beLg iuiy Inv ttlr tune ~ nf 90
send 80 such matters ss now have ths honor TO before
you and could see any other IN accomplish oh
iect wogld not intrud. upon you
am nsNvr ot Swif1"tlpnd and wac, lriole The
citrcn rf Louisiana by profession physician. like nun
dred- snd thousands others, earned nv the
mss. rom OF excitement snG Joined the southern army.
very seriously w0ubded al in. siiie the Pns
Rci nund va snd nave nearly bet ths ne o
rirt' NIT hed iutY ordered to report Il
trurta John " Nnder iD chstge federal ~
. - who ordered 10 tskv charg~ OF prson al
Tuscaloosa Ala NV h~sh aiding mc 1 applied 10,
lurpueh aud went ~ europe from whence I re
tlru-t ~ February, lSot. Wa theH ordered TO
pore % ae rommsndabi ot ,ae miasr, PRISON at An
Jacksonville, ia. whV assigned H. tho connsnd o
The Interior of the prison. fif duties I had -
form we're Hrduous snc uuvlfsasnt I AN satisfied
ut vii unlus'ly blame ~ for
htureu aud Vhich beyond vol
A 4 10 be- h@d he