New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-09-12

Kentucky Cavalry. occupied the time Of the WIZ
Court not given TO the verbal "range OF the counsel
for the defense
- W" WASHINGTON, Monday, SeIt IL, 1864
After the record OF Saturday had been read,
MI Baker brought TO the attention OF the Commission
n matter IN relation 70 witnesses for tie defense which
he Thought il would he better TO attend 10 at TINS time
The Judce-Advocate hid suggested 10 him that It
might be d subject outside Of hs own authority, ana
therefore properly belonging TO the Court SoISe time
before this trial commenced the gentlemen who We're
then acting the prisoners COUNSEL reqBese3 that
number Of Witnesses fo the defense should De cent or
and on their application tins done some of them
could not be found, and Others who wore found had
not yet reported. TIE reason for this neglect the
counsel for the defense did not snow. Since the trial
had been progressing matters were developed which
showed the eeessitJ Of Other witnesses being sIA'
mOned in order to meet new points brought out IN the
trial. These witnesses were sea tered mostly IN Georgia
and may be found IN few days; bit III some places
there were mails or other means Of reaching them
by written communications; therefore 1t was not
probable they could Oe reached by the time they were
wanted 10 testify in this court Under these orcum
stances it for the Government TO say whether tie
defendant should have the facilities which the Govern
ment could afford, or whether he must DC de-
prived entirely of these witnesses. It an abso'
lute necessity that the defendant should have tue
witnesses in this way or not at al Inc counseI De-
heved this defendant could show an ample ceiense
This their sincere belief, and il was for them to ASK
that the prisoner have the of making his defense
If was within the Jurisdiction of this Court he asked
that messenger be dispatched with subpWnas for such
persons, whom be felt it absolutely necessary 10 sum
mon for the defense of the accused The Judge Advo
cate had shown every disposition TO procure the at
tendance Of witnesses so far making out subpGnas
was concerned and so tar il within t1e means
Of defense to give their names as had been required
York After sitting them they 10 the conclusion
that only ten Of them would be required; and
now that the trial approaching end ne repeated
that the witnesses ne had asked for absolutely
cessary for the prisoners defense They wond not put
the Government TO any unnecessary expense 30 lar
ms relates New lork Richmond and IN the nelghb0r
hood the witnesses would be sent for at the expense of
the defense. But further SOuth. there being greater
difficulties and increased expenses Ii became aOso'
lutev necessary that the Government should grant the
accommodation in the manner requested lie (Mr.
Baker, would be ready with the list of witnesses to-
morrow, in order that the messenger might leave at
Judge.Advocate Chapman replied that the Court was
that from time to time he had urged that the re
he complied WITH namely. that list OF witnesses be
furnished. That had not been fully done; aud this
morning the Court called upon to meet the request
Of the counsel that another special messenger be sent
South. He said four weeks ago that one would be DIS
matched witnesses more for the defense than
Tor the prosecution Those for the latter were manly
here. At the time the baitf went to the Od Capt"i
Prison and after the defendant had been furnished
with copy Of the charges and specifications against
bi,, list of witnesses was made by the prisoner,
suneryised by Messrs. Hughes. Denver ard Peck at
that time his counsel 10 which was attached TINS IN
dorsement of Capt. Wirz: " The abOye-named Wit
nesses are all require in nv case All OF these wit
nesses excepting four FIVE here's their absence
was accounted for by the fact that several are N III
rope and The Others in Texas He had only 10 say tLa
in the progress Oths triat believed by The counsel
for the defense that additional witnesses necessary
II was only fair 10 the Government that the counsel
should give list of the witnesses and where they
could be found and also what they expect TO prove by
them. lie asked that there be no delay and no IN
necessary expenses the prosecution in this matter
The Government was trying to 90 what was iair. WI
nesses in the South could be procured by The telegraph
ing to the nearest military posts. On SATURDAY he
subpenaed forty witnesses for the defense, and placed
postage stamps on the envelopes for mailing As fast
he unsel had furnished him with the Of
witnesses he had issued suhpUnas. lie did not know
what more the Government could do.
Mr. Baker said 1t might be well in reply 10 the suc
cestion Of the Judge-AdvOca;e 10 call attention The
fact that many Witnesses who had been subpUned fort
prosecution had been examined tie part Of the Gov
eminent, and sometimes witnesses complained that i'm
proper language had been used 20 them 10 draw out
them sometime for the prosecution. lie hardly believed
the Judge Advocate would attempt 10 use The influence
of the Government 10 frghten press ont Of wit
ncsses ANYTHING for tbe prosecution, aid he would not
charge it. But the witnesses came hee under very pc
cuIiar circumstances; many Of them feel 1t ne
cessary 10 say do oil they can TO leave favor
able impression with the Government officers Il
show their friendship or good feeling TO the
Government Witness had remarked 10 lin when he
asked them how they wOud testify: Why, 90 you sup
pose ! will have ANYTHING uudOuc 10 save my owl
head" This Mr.. Baker said, without requiring any
pressure On the part OF The officers Of the Government
would account for The witness summoned Tor the de-
Tense appearing willing IS the Judge Advocate SAID
10 testify for the prosecution Mr. Baker in continue
ton remarked that the absence Of the witness referred
TO necessated the presence Of others 10 I'll their place.
With regard 10 the suggestion Of the JudgeAGgOcate.
that he should make affidavit of what lie proposed TO
prove by each witness he really could not do for
want of time the Court would have 70 adjourn for a
week 10 enable him 10 do Unless be could have this
done the defense could not have their witnesses here.
The Court after celebrating with closed doors,
pounced its decision relative 20 the witnesses VIZ
That the defendant should present 10 the Cont ada
Wits 10 the Of the several witnesses their places
OF residence and reasonable grounds that they can be
found ana secondly 70 the facts lie expects and believes
he can prove by each ofhem from this the Court may
determine the materially Of the evidence and order the
witnesses accordingly.
Mr.. Baker said the Cont understood from his rnfs,
that with oil the time the counsel could Give to this sub
jcet, they could not with their other duties now draw
APP separate afiidayits. He was willing however. TO do
anything in his power give the prisoner fair defense
ana must. from inecessity, after the prosecution had
closed, ask for few days, in order 10 attend TO what
The Court required even If he had TO work day and
night so thai the subpGnas might be sent as soon
possible.
The court said ii would be better to grant tie tmenow
than after while and not when the prosecution *
closed That involved time 10 AXE tie aldayls and
10 send messenger TO Georgia. Texas and elsewhere
Mr.. Baker replied they had 10 witnesses beyond New
Orleans.
The Corrt said they were Gsposed to grant the 'mc
but the question whether they should 10 so now or
after O while.
Mr. Baker suggested that Il they waited until ,'er
The prosecution had ended many things would have
been developed for which they cOrld provide in their
summing Of witnesses Il the Court adjourned now the
counsel would lose great deal Of time But after the
prosecution closed the counsel must nave time 20 look
over what the Government witnesses bad testified TO;
and if they had opportunity they could cOahue the
witnesses Tor the defense TO particular points.
The Court replied that an afdavt Of what the pIis
oner proposed 10 prove must be appended TO the name
OF each witness, The prisoner could state bis belief
Mr. Baker said the President Of tie Court, being |
lawyer know that lawyers always shapcdtle at1da's
Major Eallace-Aud there are TWO o. YOU
Gen Bragg said IT, counsel mus have been appi.sed
OF tie names Of w.tnesog, and what they would
Ia, or else the application made in bad faith IL
he defendant q al