The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-07-13

sEcokD DAY OF ThE TRIAL OF CHAMP Fla
GUsoN.-The Court, consisting Ct Msjor Col
lin Ford, Tooth U. s. C. l., Captain E. C.
Hation, A. A. @. Volunteers, Capt. Thomas
Il. Osborn, 4lh Ohio Volunteer Cavalry: I'd
Lieut.. William o. Bsteman, 9TH Pennsylva-
MIA Volunteer Cavalry; ID Lieutenant E. P.
Letter, 18TH Ohio Vol. Infy; Captain C.
Blsckman, 42d U. S. C Infantry, Judge Ad-
vocate, rsconvened at o'clock yesterday
morning. Captain Bsckmnn made an ar
gumert against the motion for continuance.
The affidavit Of the prisoner did not state
when, where, aud by whom the commission
under which be claimed 10 act was issued.
Il was necessary 10 set forth that the com
mission was issued by competent authori-
~; and, further, il was not stated that the
acts oh argsd were ordered BY q superior
officer. The fact even Of his having a regu-
Ter Confederate commission did not free him
from the charge Of being guerrilla If he
committed the acts Of a guerrilla. TIE
court, toe, must know whether the evidence
when OF aimed would be admissible II the
tents must be precisely proven, and when
proven, then by Wha' authority il was issued,
involving, OF course, verifcation Of the
Confederate law up u the subject. The
Judge Advocate contended that after all,
motion Cor cont nuance was not one of=ight,
but one addressed simply 20 the sound dis
erection Of the co1rt. He then went on 10
show that the case Of the prisoner would
not be prciudiccd by the refusal 10 continue;
that long before his witnesses could be in
troduced he could have them here, as the
examination on the part Of The government
would occupy at least three or four weeks.
He considered it entirely unnecessary TO
put the Government 10 the great expense Of
sending the 50 or 90 witnesses now present
back, or OF retaining them at s. per day, to
enable the procurement Of testimony which,
IL found, would probably not be admissible.
Judge Guild replied in a very spirited man
ner, claiming that IN 5 was a most extraor-
binary case, one indeed, which had no par
sllel in the Judicial history Of England or
America-thai il was absurd 10 suppose that
man chargod with over City murders, al
legged 10 have been committed in three
different States, could be prepared to 90 into
bis trial at a days warning. The main
ground taken by tbc Judge and his able
sssOciate, c pt iod win, was the materiali-
~ Of the testimony 10 prove in some Of the
cases an abb. The weak points in the afii-
dayit seemed 90 be the generality Of its al
legations respecting tbs whereabouts ifsome
Of the witnesseF, and their ineompetency
90 prove anything definite in regard to the
pretended confederate commission.
After good deal Of rather conversation
81 Argument on both sides, Capt Blackburn
made connected. suecinet, and forcibls
statement Of al the points OF the case, and
the cours took the affidavit under advise
ment. The result will be made Known this
morning. II the grounds for continuance
70 the first Of September are considered Of
any weight, they will be at once presented
TO the authority converting the commission,
Cor ultimate dec sion.
Ferguson seemed more composed and
cheerful 'hsn ON the day previous. His
wife and daughter, the latter very comedy
g'rl, about 10 years old, are in the city, but
have not yet been permitted to have an in
ierview with him. The probability ia, that
no person except ais counsel viii be permit
ted 60 communicate with him during he
trial.
Among the witnosses, we noticed Miss
Wood, the daughter Of the cd gentleman
whose murder the prisoner is charged with,
ltoscurred in the winter of'6l aud 80, in Al.
Aaay, lnton co, Ky. She is very intel
ligent, pleasant looking lady. Her brother
accompanieI her.