The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-12
Mr. BAKER said he would not have the Judge Advocate
reai undar a imuression

me 0ncal reporter then read the oxcopVOnaov "ouS
given In the former part of this report.
Mr. BAKER-There's no reflection there.
The JUDas ADvocArE-The language 10 improper II
the Judge and leaves clear inference
that the counsel believes that they In the preliminary ex
animation used improper means TO influence the wit
ns Inv and
myself and made with all fairness and courtesy and IN
the Of the officers OF the court and reporters and
Witnesses do not recoect Of any such case, and am
sure nothing has occurred to justly the remark which
pronounce false ask the Court to order investiga
proofs and that the ocer or Officers found dereict in
the particular Of acting unproessonaly may be dealt
with by this Court This Is to the Judge Advocate
Major General TH0xAs-We should know the names OF
the witnesses referred TO by the counsel
Mr. BAKER-I thought was careful in giving the i'm
preston Of the witness talkto me. thought was
careful not to leave any impression that the Judge
Advocate could be guyo any such thing. It may be
the dso ss TO nosvs he Sd snv suob thing
but when witnesses here they feel they under
those restraints which cannot feel because we are
not in their position. must let them 60 for what they
worth. do not think the Judge Advocate is guilty
Of this thing and want no such construction put upon
Major General wA1Acx-The language is equivalent to
charge, not only against tho Judge Advocate, but
against some person connected with the government and
not made in the form Of charge by the counsel OF the
defendant at at least in accusatory statement
from Witnesses II the things stated true It is
tany in the power Of the counsel to give the names OF
Mr. BATrR-I don't know them.
Major General WALrAC-It is unnecessary to have an
investigation to whether improper attempt has
been made by persons belonging TO this court To- influence
witnesses In their testimony. 1t 10 an impeachment in
parchment direct OF the government in whose name this
prosecution proceeds. For my part think the motion
Of the Judge Advocate eminently proper.
After further conversation by members Of the court
General BRAGG said Mr. Baker made the charge he was
under obligation to substantiate It.
Mr. BAKm-You'are a lawyer, and therefore know
what the usual courtesy is thoughtI guarded my Ian
General wALLACE-If any ocor has used any improper
IN inlnp wi m
be punished.
Mr. BAKER-I have at no time charged that any officer
Major General wALLAu-we understand you then to
retract.
vocate did any such thing.
Major General WArLAcx-Or any body elses
Mr. BAKER-why, surely, cannot take my words back
The JUDGE ADvocArE-I hope you will sustain them
by proof Tab. .,,,c..
Judge Advocate CMPxAN-Certan journals adverse to
the government have gathered up lust such charges
against it and the court Unless the officers demand
proof Of the truth Of the charges which have been
made here ippantly the Judge Advocate must rest
under the mputaton Unless the counsel should re<act
altogether the court should demand the proof
Mr. BAKER-lf the gentlemen can and the charges, let
Judge Advocate CmsAx-You soy improper influences
have been used.
Mr. BAKER-.The reporter has got what said. II S
the language of witnesses.
The CouRT-we want to know who the witnesses are.
and tell There no charges made Ihave denied
any intention or thought of making charges
Major General wALLAcE-We are TO infer from your
remarks that you used your language with carer You
must have matured IT,
Mr. BAKER-By reading my remarks it can be
Major General wALLAcE-You cannot them give us
the name of single wsnessf
Mr.. BAKER-I know none Of my own witnesses except
two three.
Judge Advocate CmPMAN-Such remarks did not come
from any soldiers who had been at Andersonville.
Mr. BAKER repeated che exceptionable remarks had
been made by couple who caught him by the arm. He
disrespect by the repetition. but merely men,
toned them in illustration.
witnesses; 10 which one did they belong?
Mr. BAKER, don't know; did not ask whether they
Several other members Of the court took part in the
conversation.
Major General wALLAcEI suggest that the give
until morning enable the counsel to furnish
the names of the witnesses.
Mr. BAKER-If can think Of the name OF the witness
Major General wALLACeIf such language is used II is
proper you should call our attention to IT,
Mr. BAKER-If I can will furnish the name
TESTIMONY or GENERAL WILSON.
Major General Wilson called to the stand He test
ned that he was q Captain of Engineers and Major
General Of Volunteers he had been operating in Alabama
and Georgia with cavalry corps In the military division
OF the Missssppi he was now stationed at Macon the
rebels during the drew supplies from Central Ala
bama and Georgia which could have furnished sufficient
supplies to Andersonville; there were ample means Of
afordinK comforts TO the prison, which he examined
about the LIST of July he saw the remnants OF only ten
could have easily been erected for the Union prisoners
there plenty Of timber In the nelghborhood, just
such a place the troops would like TO tencamp
in for wood and water II they wanted TO winter; 1t
would not have been necessary TO transport timber
more than mile there was plenty OF oiack i. labor III, In
negroes thirty men day would have cut wood enough
for Is 900 men; In winter the allowance OF wood in the
army just double what s in summer; and therefore,
sixty men in day could have cut enough for Is 900
in winter on his arrival at Macon his first inquiry
was as to the condition Of the Andersonve prison. and
yho onzibt /. he
he sent Lieutenant vandsrbook and Captain now Major
N0yes; their return they reported that the man Wirz
return and arrest Captain wrz, which he did, and
brought him to Macon whore no was kept several days.
when he was brought before him; he was then re.
manded to prison. and he requested that he
might be brought 70 trial; no protection was ever
granted to Captain wirz through General Wilson, who
ordered his arrest for the purpose OF bringing him to
trial. and excepted him from the benefit OF tho captua
OF Johnston 10 Sherman. Tho witness gave par
ticuar description OF tho grounds OF the Andcsonve
prison stating ths, the had generally burrowed
in the ground for shelter particularly on the hillside;
their holes about the size Of the ordinary shelter
tents, holding two or -four men.
On the cross examination he said he stepped down into
several Of the excavations be tunnellng under
the stockade he wrote letter simply saying the man
wirz had been arrested and tina, he believed him guilty
OF the infection punishment on prisoners ut Anderson
vie and that the miscreant be brought to justice in
order that tho whole thing might be investigated he
wished the Court to understand he had great latitude as
power he there to do he pleased and the in
tercsts Of The soyernnen. required there were seven
he reached there they nothing but shadow and
could be moved without endangering their lives;
many died after they were brought into his lines.
BY Major General GEARy Did you offer any safe con-
duct for Captain Wrz's returnf A. No; except TO pro-
tect him until I delivered him into such hands as the
Secretary OF War mighe direct my ofcers said they
had rsked their lees TO protect him. and but for
Major Noyss the post guard at Chattanooga would have
killed him.
EXAMINATION or WILLIS VAN BUREN,.
willis Van Buren, was cross-examined, and said he
clothing by the Sanitary Commission, on rsool
soldiers,
EXAMINATION OF oKoRox WILLING.
George yelling testified 10 the resources OF the
country In and around Andersonville.
EXAMINATION or PATRICK BRADLEY.
Patrick Bradley related what he had seen at Anderson
vile In the matter Of cruelty.
EXAMINATION or JOHN n. FISHER.
John n Fisher (colorod) and Horny G. Luli also tes
fed regarding events In che same locality.
The court then adjourned.