Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-10-16
VOL. XIX---NO. 246.

/ 10 subpoena Mr.. BOWles.
Col. c. said that was false.
General Wallace here interfered, saying
that this controversy must cease.
Mr.. B.-I ask the Court.
Gen. Wallace-The explanation has gone
far enough.
Mr.. B.-I will correct it outside.
Gen. Wallace-Obsy the order of the
Court or leave the case. 81
Mr. Baker-I will not have an assertion
made wrong and not be allowed to correct
Gen. Wake your seat. 4
Mr.. BIS it right to ask the Court ques-
tion2 a -.Ii
Gen. w.-obey the order of the Court and
take your seat, or win have you taken out
ofCourt. t9 r1
Mr.. B. resumed his seat.
Mr.. B.-I must ask the Court question.
Gen. W,-Ask your question of the wit
ness. . ..
Mr.. Baker-I will correct the statement
outside.
Colonel Chipman-Iwill meet you on any
occasion or any place.
Mr.. Baker-I do not want to meet you
outside. l will correct the statement here.
! You said what was not true.
| General Thomas-If this continues / will
move to expel the counsel. f.
Generel Geary-I second the motion this
conduct cannot be tolerated. f
General Wallace to Mr. Baker Your
course is becoming intOlerable. Do you
wish TO proceed with the case
Mr.. Baker-If 1 am allowed the same
privilege that the Government is.
General Wallace-You have been ordered
to go on with the examination Of the wit
ness. 90.
Mr.. Baker-I do not disobey the order Of
the court.
The breeze here subsidized and the ex-
animation was resumed.
Witness then testified he was one of a de-
legation of six prisoners appointed to come
to Washington and present a petition to the
United States authorities for an exchange
of prisoners, General Winder and Wirz as
senting to the errand.
Colonel Chapman objected to this, saying
there was evidence 10 show that the
original petition ever reached the United
States authorities.
Mr.. Baker said that so far from conspir-
ing, Captain Wirz was taking active mea-
sures, and actually sending Union prisoners
to the United States Government to effect an
exchange
The court was cleared for deliberation.
1t was decided to sustain Colonel Chip
mans objection, but the Court directed
the Judge Advocate to apply to the
proper officers of the Government to ascer-
tain whether such paper had ever come
into their hands so that the counsel might
not lose the benefit of it.
Mr.. Baker would show that the Govern
ment had notice of such petition and that
the delegation were here three days knock
ing at the Presidents door, but were unable
to obtain admission.
The witness testified that on arriving at
New York with Mr.. Tracy, one of the dele
I'll T., g
portation to Washington but were refused it.
Mr.. Baker said they offered to show, by
witness, that the latter received letter
from Tracey, dated in Washington, in sub
stance that the delegates We're waiting on
the authorities, making known their busi-
ness, but were refused permission to confer
with the authorities; he meant by the
authorities the President or Secretary of
War, or both.
Colonel Chapman said the witness did not
come to Washington but some one else did.
He did not believe that man of the fame
and heart of President Lincoln would have
refused admission to any body on a subject
of that kind. The Court must not allow
SANDER of that kind to be repeated against
so great and so good man as the late Pre-
sident.
Mr.. Baker-The remarks of the gentle
man do not refer to my offer. stump
speech about President Lincoln was out of
the line Of the prosecution. The Judge Ad-
vocate had no more reverence for that great
man than he had 1t was his (Baker's)
duty to show that the prisoner was not
guilty of the enormities charged against
him. He would show that a proposition
was made TO send 1900 prisoners from An
dersonyille without asking an equivalent
so great was the anxiety to get off prisoners
and that this was refused
Col. Chapman said Mr.. Baker ought to have
asked a subpoena for Mr.. Tracy.
The COurt-Are his whereabouts known
Col. Chipman-He can be sent for in "a
hours.
Mr.: Baker then asked that he be pro-
dueed, and Col Ould also.
Col. Chipman remarked that the counsel
did not want 0uld.
Mr.. Baker replied that he had said that
he would not delay the trial of the case,
but when he had been turned upon in the
manner that he had been he asked for addi-
tional testimony to clear his client,
Col. Chipman said that the only practical
point was that Winder and Wirz made eff
forts leading to the coming of a mission to
Washington. What the mission did had
nothing to do with the case, or whether the
Government was right or wrong.
Major General Thomas remarked that the |
Counsel knew our Government would not
exchange prisoners while the rebel govern
ment refused to recognize oolored prisoners
as soldiers and murdered them.
Mr.. Baker said he would show that Win
der and Wirz were not guilty of conspiracy.
The Court sustained Col. Chipman's OBJ
lection.
Mr.. Baker theft offered in evidence a |
copy Of the proceedings and sentence of a
court martial which tried raiders and which !
were approved by Gen. Winder. 1t was not |
in his power to produce the original, which |
was lost or destroyed. This record would |
remove much of the blame which had been
cast on Winder and Wirz, and was altogeth-
er favorable TO the defense
Colonel Chapman objected and the court
sustained the objection,
Colonel Chapman here rested the case for
the prosecution, and said he and his associ- |
ates proposed to let the counsel for the pros
ecutiOn make out an affidavit for what they
could have proved by those whom they
wished TO have subpenaed. These remarks |
were understood to refer to Generals Lee,
johnson, Cobb and others.
The court said it had never been decided |
that these witnesses could not be brought |
here.
Mr.. Baker said that on the whole he would |
not ask that these parties be subpenaed. Mr. |
paKer sald that Whatever had passed here |
Of personal nature he would let it go. He |
would not here or outside again refer to it. |
The Judge Advocate had personally treated |
him kindly, but had treated the case of the |
defendant rather roughly. He then rested |
the case for the prisoner.
The Court said that both sides had now |
rested.
Mr.. Baker is to sum up IN behalf of the |
prisoners, and the Judge Advocate for the
prosecution. Both arguments are to be in
writing.
The court then adjourned till Wednesday, |
the goth, to give the counsel time to prepare |
Io5V. 1