The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1865-08-25
Wertz Trial-secsn4 Day.
WAsHIsorea Aug. a.


noon.
Mr.. Schade stated that as his associate for
the defense had retired, he was left alone to
manage the case; he, therefore, asked that
there be postponsment for eight days, In Or
der that he might become betidr acquainted
with the case and prepare for the defense.
Col Chapman stated the reason why there
could be no further postponement, remarking
that the gentleman was already fully informed
Of the theory of the prosecution.
The court overruled the request for post
ponement.
o. S. Baker, Esq, volunteered for the de-
fense, and is therefore associated with Mr..
Schade.
The prisoner put in several pleas why he
should not be tried, denying the jurisdiction
Of the court, and insisting that the charge
ought 10 be quashed.
The court overruled the pleas of the coun-
sci for the prisoner and proceeded to trial
Among the witnesses examined was Col
Gibbs, who commanded the post at Ander-
sonville. He said that Wertz had exclusive
control of the prison. Prisoners we're crowd
ed so close as to remind him Of an ant hill.
He gave q circumstantial account Of the dis
cipllne and the disgusting condition of the
prison, and remarked that one Of the rules
was that whoever crossed the dead line should
be shot.
DIR. Bates, who was physician at the pris-
on, another witness, gave along and interesting
account of the place, and the shameful treat
nent to which the prisoners were subjected,
stating as his opinion, that with proper care
the lives of seventy Eve per cent Of those who
died might have been saved
Both Of these witnesses testified as to the
keeping OF dogs as prison instruments.
| Mr.. Schade then presented several pleas.
I. That the prisoner In entitled to his dis
charge, In consequence Of the promises Of
Captain Noyes, of the staff OF Brevet Major
General Wilson, in command at Macon, that
if he Wcrtz) would accompany him 10 head
quarters for the purpose of giving certain in
formation, he should not be arrested or held
a. a prisoner. The accused accepted the
offer. and claims to have been since held in
violation Of the pledge of his personal lib
erty.
2. The prisoner denied the jurisdiction Of
the Court To try him on these charges and
specifications
3. The war was ended and civil law restored
and there Is no military law under which he
can be tired.
4. He moves to quash the charges and spe
eiiications upon the ground Of the vagueness
and indefniteness concerning the time. place
and manner of the offense charged.
& That ON the 21st of August 1865. he
was arraigned and put on trial onl his plea Of
'.not guilty. 10 these charges, before mill
tary commission composed like this: that the
commission was broken up without his agen-
cy or consent, and adjourned without record
Having been once put IN jeopardy OF these
charges. the prisoner claims that he cannot
be arraigned again as before, but is entitled
| TO the benefit or an &C auittal.
g. He claims that he should BID discharged
because he was an officer in the so-caiied
Southern Confederacy, and entitled to the
terms agreed to between Sherman and John
ston, which were complied with Hy him, and
!; IN accordance with which he is reEidy to give
| his obligation in writing not to take up arms
against the Government.
Mr.. Schade said they were not disposed To
! discuss these pleas now, but wish@ I'd them to
go over to the final argument.
Judge Advocate Chapman desired the gen
slemen il they had anything to 4sy to do 80
| now. There was but one plea, the question
| of Jurisdiction. which could properly, over
the others. be constituted plea bn bar and
| should be decided before the court could hear
| the case. Ii was proper that they should
argue all at this time except the plea of juris-
| dietion.
| Mr.. Schade said that If the Commission in
sisted on the argument before protecting fur.
ther, he must ask for an Adjournment until
o-morrow, so as to afford the counsel. Mr..
| Baker, Who had Just come In. an opportunity
| to examine the case.
| Mr.. Baker said that it was bud a moment
since he had anything TO do with the case.
The court would readily see that he could
have no information into the pleas just in or
the charges against the prisoner He had
not even read the charges; he wa3 almost in
clined to consent TO 90 on in view of the
charges and the delay that had alIeady taken
place, but he could not think be wbuld be do
ing his duty and the prisoner, il he should
attempt TO argue the pleas that be had no.
ticed that this was q grave offense charged
and II might cost the prisoner his life. and af
ter the sudden termination of the Case yester
day, he might say that they ought not to 60
on without afording time to the counsel; ii,
however, the court decided il not to be prop
er to adjourn over one day, he would proceed
to argue the case to the best Of his ability.
The Judge Advocate remarked that the
leading counsel was present at previous
arrangements, and must be familiar with the
case.
Mr. Baker, resuming, said the principal
plea to be discussed was motion to quash
the proceedings, in consequence Of vagueBe.s
and indehniteness OF the charges and speciti-
cations
The conrt, however, was not going TO dis
charge the prisoner on techncality. nor
would it convict him on such. and with the
court = consent he would le. the argument Of
the case go until the close Of the case
The Judge Advocate insisted that the de-
fshse should close up his plea nnH.fa c.
NAf. Schade said he waived the argument
and Joined issue at once on the single plea OF
not guilty. N
Mr.. Baker said he was also ready to put in
his plea of not guilty at once if the court
would let the argument on the plea 60 over,
and thus not waste time.
The Judge Advocate stated he would enter
a demurrer to pleas interposed, with the ex-
ception Of pleas Of Jurisdiction. .CY4
| President, General Wallace, asked the Judge
Advocate if he could NOS reach the pleas by a
motion as we'll as demurrer.
| Judge Advocate Ghipman-Y Yes
Tho Preadens-A demurrer 10 not known
/ in court of this character.
The Judge Advocate accepted the sugges-
tion and moved that the pleas, with the ex-
ception- Of that OF jurisdiction, be oyerruled.
| Mr. Baker hoped that If the court passed
| at sll On the pleas, it would do 50 without
arguments BY the Judge Advocate, as the
counsel would be unable to answer then, in
| 50 short 4 time asA they we're to argue the
| pleAs. ,srs ss- ss,s, - ss
The Judge Advocate said that after making
| TINT y0kinf1 Ire s,irt,YseA IL had n r1eht to