The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-07-14
Trial Of champ Ferguson.

TBTRb DAY.
The Commission met at Ell ht o'clock, all
the members being present. The President
read the opinion Of the Court, ovsrrpling
the prisoners application for continuance.
SUBSTANCE or THE oPISIoE.
The legitimate object Of continuance is
to give TO the accused opportunity 10 defend
himself The Commission Is Informed by
the prisoners counsel that he will make g
specisl plea ia bar TO this trial, namely, that
he was paroled upon the same terms as those
granted TO Generals Lee, Johnston, and 9TH
eri therefore it is necessary to have his
witnesses present at the opening Of the case.
This is al very true, but the Commission
understands that the witnesses by whom
such parole can be proven, If it exists a. all,
are nov On theeity. Hence there is no need
Of delay in this respect
II the prisoner can prove his parole, as
he alleges, it would be bar to further pro-
ceedings against him for his acts Of legiti-
rnsie warfare, but not for his acts in viola
ton Of the rules Of war.
But sgaiu. The aiiant claims that wit
nssses on other special pleas he may make,
ard on bis general plea Of "not guilty
arescaitered, and he has bad no time 70 pro-
cure them. It's theopinion oitheCOramission
that by due diligence these witnesses may
be had by the time they are needed. 1t is
therefore decided not TO refer the record to
the authority converting the Court for con-
tinuanee. It is, however, stated that no adj
vantage vii be taken Of this ruling TO the
prejudice Of the prisoner. He shall have
every reasonable opportunity to procure his
eYidencs.
Mr. Guild then read the prisoner's special
plea in bar.
SUBSTANCE or PLEA.
The pihoner says that he ought not 10 be
further proceeded ogaintt, becauue that, in
the year 1851, war commenced and existed
between the United States AID The States Of
the South, called the Confederate States 7;
that the war was recognized by both Gov
ernmtn's, and each acknowledged belliger-
enis, and not only by each other, but by the
various governments Of the worlds that the
defendant was regularly commissioned as a
Captain 10 the Confederate army on the
day Of -- month, 1852; that previous TO
this be wasH private in Captain Bledsoo's
company, attached 70 the a-iny.ef the Con-
iedelate States; that all the acts done by
him during fhe war were mace ,rdance with
the Laws of war nni in conformity to the re-
quirsments Of the Confederate auihorities.
Here tie plea recitss the facts and terms Of
General Lee's surrender, aud goes on sostato
that Ferguson surrendered upon the same
terms that Gel. Joseph Blackburn, com
manding the 9Th regiment Of Tennessee o..
6. V. Mounted Infantry, did, on the -
day Of May, 1865, address letter AID cause
it 70 be PLACED in the hapds Of Jas. Walker,
Of White county, Tennessee, where the de
fendant aud bis company were located, with
directions that the same should be submit
Ted 10 the defendant, which letter asked
his Surrender, with his command, and gave
him The insurance that be and they would
be EMIT "a 10 The same terms as those eraul-
ed to Gen. Lee; That this letter was pre-
scented % his men, and IN consequene,
thereof they did surrender on the Esd o.
May, ls65, aud were paroled, excepting In,
prisoner, whom Co. blackburn said he coul,
net parole until tceiug or eons0iung viii
Gen. Thomas a. Nashvirs. lie was l.ov
ever permitted 20 return 70 his home, keop
ing his aide arms. While engaged !
work on his farm On the s6th day ef MAJ
ls66. Col. Blackburn sent for him, and "a
Immediately reported al hiss hesdquar.er
when he was brought % Nashville an
placed in the Military Prison. lie no
claims Che protection of the government
the United States, and prnys that he be dh
charged from this persecution.
Alter reading The plea the counsel for II
deioase offered to Gle an AFFIDAVIT coniainin
grounds for continuance ten days Cor a
purpose Of obtaining the necessary vii
ncsses TO substantive Il.
Hc;e the Judge advocate thought thei
was an attempt o. tribe with the couri, q
Il must be oyidcu, TO intelligent counsel Ii,
no affidavit could be considered uutn q
issue was maaeup. Theplea shoold be ilc
first, and then II it was thought nocessar
after itshould be traversed, saould the jude
Advocate not admit i,, the affidavit woul
eomein properly Judge Guild said in fepl
that when the issue was once Joined thei
would Re no chance for continuance, an
thar the priss her did not want 10 thus pref,
dice his rights. He fopelled The charge TN
be wanted to or was tfifing with the eour
Cap. Blackmsn then very politely an
correctly informed him that he would tai
70 Aavan'asc Of the pleas being 10, indie,
ne could not do 90, 10 debar the prisoner fro
obtaining his witnesses. The affidavit NJ
then Withdrawn and the plea died. Jud,
Biaekmsn asked 'ot time 4, prs,,s,. h. J,
Phoation, Wnereup0n The commission q,
jOurned until tAis morning at s o'clock.
The adidayit names several witne..e. p
siding in different counties in this sta,
who il is alleged will prove thc fac, Of a
parole Of FeFguson's men, aud that he W,
regalar Confederate officer. Walker
nsmed . one 81 ne witnesses whose tesi
rnoHy Is especially material. 81 be has q
letter referred TO above, the contents
which caInot be proven 80 long rs il m
~ t'tN-NNNas y AAA tANIt AAta ~
davit msy have, is Of course matter for
dsei'ion Of the Court, after Captain BlaS
man's replication e filed
80 Jar as we can see the tfial IL proceeki
With great fairness aud deliberaiioa. The
'ense is, a. itshould be- thorough and del
II n'nea- Judge Guild, and his assoeiale, Ca
'oa"in' ase s-isiiant and able. They
no opportunity pass which they can turn
tne aasah'age Of their client. On the oil
haad oept. Biackmau Is equally vieils
aud equally jealoes Of sie rights ofthsr.
eminent His experience and great sb.l
render HIN p formidabls adversary. but
hard-hesrted prosecutor. The Cour,
composed Of high-minded oiEcsrs. who
not sWorse from the performances Of a
duty. We have seldom been so imnra.
with the dignity Of a Military c.mmis.
as we have with this.