New-York daily tribune., 1865-09-28


purpose OF subpenaing several important, witnesses in
the The witnesses to be summoned formerly
pied high official positions under the Rebel Government
| To tie Associated Pres.
WARRINGTON, Wednesday. Sept. q. 1868
The Wirz Military Commission rcasscmbled
to-day
| The examination Of Col. Fannin was resumed from
yesterday for the defense.
Mr. Baker asked him whether he heard Gen. Cobb,
in his speech at Andersonyilie make use Of the
marks attributed 10 him by the witness Walker
Judge Advocate Chpman objected TO the question.
tor reasons which he stated.
| Tie objection was sustained by the Court.
The witness then testified that he heard Gen. Cobb
make spo, ch about the ith Of March le65 he could
precisely relate what The General said, but his nd
dress was more to the Confederate troops than to
Others. there bad been great disailecton In The
camp. and The men were constantly desertngi he In
sisted that the soldiers should do their duty
Question by Mr. Baker-Dd you or not at that time
| hear Gen. Cobb make use of any language
| Judge Advocate Chipman here interrupted Mr.. Ba-
kerr aud requested that the question be reduced to
writing and that the witness retire which be did
Mr. BakerI regard this proceeding as personal In
suit to
Col Chipman replied that the practice not IN
usual and that 1t greater Insult for the Counsel
| to insist upon asking improper questions.
| Mr. Baker-The witnesses for the Government have
day I'm and day ont been examined In the presence Of
one another and that those for the defense to
be examined Counsel required TO reduce their ques
tons writing and their witnesses are ordered to 10
tire until this s done. II this is insisted upon by this
The Cour, remarked that Mr Baker took an unfair
view Of the subject. The Judge Advocate did not
ask him To put all his questions In writing, but only
Mr.. Baker-I never made such n request when the
witnesses for the Government wore under examination
Col Chipman-ff you did no, do your duty. that is
reason Why should not do mine.
| The Court 10 Mr. Baker-Staie what you want.
Mr.. Baker-I mnst reply TO the Judge Advocate FIRST
The COuri-We don't want any speeches. Let the
room be cleared
When the doors we're reopened the witness came in
and the President of tho Court read from Deliarts
Military Law; to SHOW ,ha; the Judge advocate was
the Judge. Advocate anticipated question Of leading
character be bad right TO require that the question
be reduced To writing and submitted 10 him. He was
right either In asking that the be cleared that
the witness temporarily retire.
| Mr. Baker-lo that have no objection.
! The Court-That settles the point.
Mr.. Baker-But object to the witness being again
sent away.
| The Court-The witness may be again requested to
retire and questions ordered be reduced TO writing
! IL IL should be thought proper To do so.
| Mr.. Baker-Beiore doing 30 the Judge. Advocate
should hear any question that s asked or give notice
that he will make the request for questions to be re-
duced Ia writing and witnesses 10 retire. lhe Judge
Advocate may suggest as gentleman, ,,,. -,
their own honor and dignity.
Mr.. Baker-I do object to sending our witnesses
away.
Col Chipman-I said Col Fannin viii please retire.
Mr.. Baker-I ask the same cisilIty that extend to
you. M
Mr.. Baker-I do not think 50. although know your
heart Is good IN that respect
| Mr.. Baker waived bis question
| Col Fannin then further examined with refer
once 10 affairs at Andorsonyhle.
Col Chlpman read TO the Court the following letter
addressed TO him:
Old CAPITOL PRISON WAsHSGroy y. C., Sept q, 1865
SIN: Your Communication dated the 36h inst, In which you
that tho counsel for Win stated to-day in defense for HI.
that he could not get at the Capitol things he needed
inmstng that he not well cared for by you tmel aud re-
queng report just what he receives have the honor
10 inform you that Capt Win treated in every respect
leneny a, is eonsitsi with his position and e9mpatibs
ucd in the U s Medical Department furnished with
musquito bar II he chooses eat the prison fare he Is l
army with the addition four per week OF the principal
fesh vegetables IN the market II gnwe he supplied with
which is procured oa Of the prison fund lie also permit
ted procure such edible. may be able purchase lie
restrain, 70 Which he subjected is tSa. placed upon hi. 10
ery and such Pree9ucn. viii b.. committing
any injury to himself thhk 'bpI "h< " H''osaea"o
Very respectfully, your obdt. servant,
Gro. WEST Capt. and Military supt o. g. Prison
II will be recoilected that Col. Chapman yesterday
called attention TO the fact that Mr. Schade, one OF the
counsel for Capt. Wrz bad received two letters from
the prisoner delivery to bis Wife and had spoken OF
such proceedings improper. lie to-day read 10 the
Court one OF those letters as follows; c. ,e ,oes
OLD CAPITOL PRISON. sept 70 l0oo
MT DEAREST WIyg have been hoping TO see you on sun
day and sso yesterday God only knows how wish
Lie have thing ask OF you, and do II Immediately
you can Send Mr.. Schaie' 10. IL Is for certain p9f'
pose send you envelope directed TO him Just pnt te
money you need not 10 write all that requires IA 20 put
post stamp on IT, and send II OIL am somewhat bstter
hops TO you tomorrow. 1oufsl H. M
Mr. Schade remarked II was true be took he letters
from the prisoner 10 be delivered 10 ms "e, Du knew
nothing Of their contcnts ho certainly acted Win hc
most innocent intention. ,
The Court was cleared for deliberaton and when the
doors we're reopened Maor.Gen. Wallace, the Iresi
dent Of the court addressing Mr.. Schade sad MS CON
duet in the premises was fully appreciated by every
member; but considering the stage OF tho tflai and
fearing that any further action would % M
10 the prisoner they had concluded to let tue Inuer
drop am OF the opinion. he added, that you a'e ho"
sufficiently warned.
Lieut. John f. Heath of the Sd Georgia Reserves
testified that in the Summer Of lsO' capt WIZ Wns
ick and expected TO die; he had seen the defendant
take Il ON lot of Union prisoners one-haif o the veg
etabes which they had bought
Dr. Casten testified that there was good dehi Vi
complaint among the troops about Insufficient ratons
the clothing very inferior. and there was no Ice
suitable for the sick; he had never heard OF Capt VIE
mareatlng prisoners and knew Of no cases Oh Slaf'a
tiop. emaciaIOn and wasting away; there was ihuch
complaint In North Carolina and eiscwhero hoout III
pure virus for vaccination. At, -
Mr. Baker said that they could show i.on ,nis vauSo
many priyate families sick and expected 10 die
The yitness said that the order 10 vaccnhte was Iui
neratiye, Dr. Cummings coming To Anders0nyihe un-
der the orders Of the Surgeon General was or that
purpose. "a 80 e.. . 4, ,,5r
nvle as commandant OF the post by Gen Winder IN
February 1864. Capt. Wrz came there IN March. Inc
Isers local orders we're framed by himself, but the
general orders came from Gen. Winder Capt WIZ
that the hospital be removed out VI tie stockade