The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-08-22

ade, and having so established said dead
/ line, which WAS in many places an imsgin
|, ary line, and in many other place
marked by insecure and shifting
:. strips of boards nailed upon thl
} tops of small ard insecure stakes of th
d. posts he, the said WertB, instructed tn,
, prison guards stationed around the ssit
! stocksde 70 fire upon and kill any Of th'
: prisoners aforesaid who might touch, fal
: upon, pass over, under or across said desc
line, pursuant to which said orders and in.
, structions, msliciously and needlessly giver
by said Wertz, said prison guard did fire
/ upon and kill large number of said pris
: oners, to wit, the number of about three
: hundred; and said WertE, still pursuing
his evil purpose, did keep blood thirsty
beasts dangerous to hIman life, called
bloodhounds, to hunt down prisoners Of
war aforesaid, who made their escape from
his custody, and did then and there Wilful-
ly and msliciously suffer, inyite and en-.
courge said beasts to seizs, tear, mangle and
main the bodies and limbs Of said fugitive
prisoners of war, which said beasts, melted
as AFORESAID, then and there did, whereby q
large number of said prisoners of war,
who during the time aforesaid made their
escape and we're recsptured, were by the
said beasts cruelty and inhumanly injured
in SO much that great many OF
said prisoners, to wit: the number OF about
| fifty died, and said Wertz, still pursuing
his wicked purposes, and still aiding, en-
coursging and carrying out his conspiracy,
did use and cause to be used; for pretended
purposes of vaccination, impure and
poisonous vaccine matter, which said i'm
pure and poisonous matter was then and
| there, BY direction and order Of said Wertz,
msliciously, cruelty and wiekedly deposit
ed in the aims of many Of said prisoners,
by reason of which large numbers Of them,
| 10 wit about the Dumber of two hundred
were so impaired that they soon thereafter
died, all of which said Henry Wertz well
knew and msliciously intended, and in aid
of the then existing rebellion against the
United States, with q view to assist in
weakening and impsiring the armies of the
United States and in furthersnce Of said
conspiracy, and with the full knowledge,
consent and connivance of his conspirs-
tors aforesaid, said Wertz then and there
did.
Charge 2-Murder, in violation of the
laws and customs of war.
Specification LIN this, that said Wertz
an offi,er in the military service of the So
called Confe crate States of America, at
Andersonville, in the State of Georgia, on
or about the 9Th day of July, A. D., 1864,
then and there. being commander of
prison there, named by the authority of
said so-called Confederate States for the
confinement of prisoners of war, taken and
held as such from the armies of the United
States and when acting as said commsn-
dant did Wilfully and with malice afnre-
thought make all assaults, and the said
Wertz, with certain pistol, called a revol-
yer, then and there loaded and charged
with gunpower and bullets, which, said
Henry Wertz held, then and there, against
and upon the body of soldier belonging
10 the army of the United States, In said
Henry Wertz's custody, as prisoner of
war, whose name is unknown, then and
there feloniously and with malice sfore
thought shoot, inficting upon the body Of
said soldier q mortal wound, and as q con-
sequence of said mortal wound, inflicted by
said Wertz said soldier thereafter died.
Specification Pin this, that the said
Henry Westz, sn officer in the military
service of the so called Confederate States
OF America, at Andersonville, in the State
of jieorpia on or Rhnut- the 10Th day nt
september, a. ID. 1854, then and there,
being commsndAnt of prison tnere, 10
Gated by the authority Of the so-called
Confederate States for the confinement OF
prisoners of war, taken and held as such,
from the armies of the United States of
America, while acting ss said commAndHnh
feloniously, wilfully and of his own malice
aforethought, did jump upon, stamp, kick,
bruise and othel wise iDjure, with the heels
of his boots, q soldier belonging TO the
army of the United States, in his, said
Henry Wertz's custody, as prisoner OF
war, whose name is unknown, OF which
stamping, kicking and bruisiDg inflicted by
said Wertz, said soldier soon thereafter
died. .--.--.....
Specification 81. In this that said Henry
Wertz, an officer in the military service of
the so.called Confederate States Of Amer
lea, st Andersonville, in the State of Geor-
gis, on or about the 18Th day of June, A.
d 1864 then aud there being command
ent of 8 prison, there located by authority
OF said So called Confederate States for the
purpose of combining prisoners taken from
| the armies of the United States OF Amer
ics, and, while acting as said commandsnt,
fslonoiusly and of his malice sforethought,
! did make an assault, and he, said Wertz,
! took certain pistol called revolver, then
and there, loaded and charged with gun
powder and bullets, which said pistol said
| Henry Wertz in his hand, then and there,
had and held to, against and upon soldier
belonging to the army of the United
States in his, said Henry Wertz's, custody
as a prisoner of war, whose name Is un-
known, then and there feloniously, and Of
his malice aforethought, did shoot and dis
charge, .inficting upon the body of the
soldier aforesaid mortal wound with the
pistol aforesaid, in conseqeenceiof which
said mortal wound, ,murderously inflicted
by said Henry Wertz, said soldier there
after died.
Col. ChapmAn-What answer have you
TO maKe2
Judge Hughes replied that the charges
we're delivered to the prisoner only yester'
dsy evening, snd were not seen by his
counsel, viz: Hughes, Denver, Peck and
Louis Schoud, until this morning. de
submitted the question whether reasonable
time should not be given the prisoner e
prepare for defense or not. What made
The extension of time still more important
was that three or four weeks ago totally
different set of charges were served t.
those who proposed to defend him, and II
which preparation to that end alone hac
been made. The charges just resd wer'
different in substances and form. and Ger
tainly twenty-four hours notice was no
sufficient to consider.
Col. Chapman felt it his duty to stat
? that the charges ssEEsd. two or three week
4go embraced precisely the substanee bu
not the form of these just preferred. In
only addition is the charge OF conspirac
, which includes acts heretofore alleged
! There should be no unreasonable della.
We had subpe1a3 number of witnesse
1 from the South, and hundred witness
: for the Government were now In Attel
q dance.
f Judge Hughes replied that the counsI
# designated no time. TRey asked no u
: due or unnecessary indulgence, but wisht
a to facilitate the business OF the CommlsslC
II as 10 the substance of the charges, 70 whiC
the priso oner pleads not guilty. They we
"a different from those heretofore preterre
/ One set called upon him to defend his ov
Il life only, but the other, just read to II
a court REQUIRED him not only to defend
n own life but that of General Lee and HI
ID ! dozen others.
"a Col. Chapman desired the gentlemen
ns indicate ior whom he appeared.
~ Judge Hughes replied; We appear
=. theprisoner now on trial. The Judge a
a. vocate is no doubt aware that when PFC