Daily national Republican., 1865-10-03
Trial Of Henry WhrE.
COUNSEL ASK FOR An ADJOURNMENT
TprspAr, Oct. 81 1855.

Mr. f
The c.owG In attendance was fully as large
Al a,teen minutes before twelve o'clock the
pri1oner was brought into Court
The reading Of the testimony was concluded AZ
ten n'nutes past twelve o'clock, when .ar
E' ANTONIO MANoNI ...Nt
having been sworn, testified that he had been 10
the "a Connecticut regiment; was prisoner at
Andersonville Ave months: was present wnen
Chickamauga was shot. Ch'ckamauga reported
that six or seven men were trying TO escape.
tThis witness, au Italian, could not speak plain,
English. The examination was postponed until
an Interpreter could be sccured.l
JOSEPH THURNaER
testified that he was In the United states service
| belonged to the 1oth regiment Y. X. G. knew
Captain wirIi was prisoner under him at Tus-
Question by Nj. .schade: State what happened
there
Col Chapman objected.
Question waived. ...,.
ness had given him money. Witness was there
| from December, 1851, to March, 1892.
Mr.. schade said he proposed to show by this
witness that while wirz was In command OF the
! Tusoaloosa prison he received the prisoners
money, aud returned II to them before they left.
/ Col Chipman objected, on the ground that the
/ defence was an improper one. man might live
good'life within twenty -four hours OF the time
| at which he committed murder. Particular vcts
| could not be entered into to show good charac-
| ter. II could only be proved by general reputa-
| tion. The offence was charged at AndersonNille,
and his acts at Tuscaloosa had nothing to do with
| the charges. ...... IT,.
Question by Mr.. sehade: What was the repu-
tation Of WirEP
The Court. Does he know the reputation
| Witness knew nothing about Wirz's before he
was a prisoner under him. The prisoners at
Tuscaloosa were all treated alike.
| Cross-examined: Never heard Wirz reputation
discussed among the prisoners. Witness was
| confined with eight Others In Que room.
Mr.. Schade said the court will remember that
| when the prosecution closed we, the counsel for
the accused, asked for an adjournment for eight
days We could not get 1t. We worked day and
night to have our wi.oesses ready. We now ask
| more time to prepare our defence as the most I'm
portant part Of oar testimony is yet to come In
order to save expense TO The Government, we
have discharged several Witnesses whose .esti-
| mony Is Of that character which was rlled to hs
| irrelevant. The Government will not be the
loser, and will be able to finish the trial much
sooner, We are fully aware Of the great impor'
| tance Of this trial. We cannot, as men OF houor,
go on and do justice to tho prisoner unless weget
This time. We will be unable to go on. We
must have more time. therefore ask an adjourn
ment until to- morrow week to enable us to pre-
The Court. but Mr.. schade, I understand you
have some witnesses in the city.
Mr.. scbade. We baye.
The Court. Then go on.
Mr. sehade. But they are not here. II the
Court will wait until they come In will examine
them. only ask for the adjournment from to-
morrow. Mr.. Baker was engaged now In max
ing the preliminary examination OF some wit
nesses.
The Court decided not to adjourn unless some
better reason be given, and asked Nr. schade II
he desired that Mr.. Baker be sent for.
Mr.. Schade said he expected Mt. Baker soon.
Col Chapman said every power had been given
the defendants TO e,abe them to get their wit
nesses Nothing had been refused them. Every
witness whose name had been handed 10 had been
Summoned. Every power which the Government
possessed bad been employed to bring the wit
nesJes for the de;epce Ger. ain parties mentioned
in the newspapers had not beed suSP@ 9asd, bnt ut
msde to bring them into court.
The counsel had been fnrpished With copy OF
the recori-a thiug uuheard Of before. The
Court meets at 10 O'Clock and adjourns at 3.
About three hours only OF that sine Is occupied
| In taking testimony. The time during the read :
ing OF the record can be occupied by the counsel
In their preliminary exaDipation. One OF the
counsel could conduct the case and the other
make the preliminary examinations. The record
will show that,the counsel have had overylndnl
geuce allowed by the law and much odtside the
law. I hope the Court will compel the defendant
to go on, unless some better reason can be given
for adjournment,
The Court: Mr.. schadc, do we understand you
to say that you will leayethe case unless we give
you the time asked for. YOu seem to be very
Indifferent about proceeding with the trial. We
cannot wait Mr. Bakers leisure.
| Mr.. Schade No, SIR. said we could not go
on unless we bad The time asked, for, he said,
they could not proceed uutil The witnesses came
In.
The Court was here cleared for dellbera ton.
On re-opeuing-
to the record we ind that seventeen witnesses,
exclusive OF those you have discharged and ex-
amlned, are now In tho city. Under the circum :
stances we have decided that you must go on and
examine the seventeen. II you do not the Court
will nave to take the matter iu Its own hands
| and instruct the Judge Advocates to examine the
witnesses for the defendant
No witnesses answering, the Court inquired OF
Mr. SchPdo ifhe knew where any OF the witnesses
lived. Let an orderly be sent for the witnesses,
and the Court would take recess until two
| clock.
Col Chapman said that the orderly sent for Mr.
Baker had returned and reported that Mr.. Baker
was not In his office. II looked as II there was a
| wilful contempt Of Court.
The Court: Very we'll Let the witnesses be
sent for, and II Mr.. Baker, or Mr.. schade, Is not
here 10 examine them, you can proceed with the
examination.
At two O'Clock the Court reassembled; Mr.
Baker and Mr.. schade both present.
Mr.. Baker said l must beg leave to state to
the Court that do not sec how can proceed the
way the Court has ruled. Yesterday the Court
could see what difficulties was laborng under,
and In my effort to relieve the Court and save
time by avoiding irreleyent questions | found
when | reached my Office that there were three
or four most vital points had neglected to OK
anime The witnesses on.
1t would be stupid for him to put them on the
stand aud attempt to follow this extensive case
by examining them at random. He had dis
charged some wituessesb 10 as to relieve the Gov
ernment Of all expense. II there could be any
compromise, he wished It could be made. They
wanted some time to prepare their defence. II
was impossible for them to examine their wit
| nGsses He did not see how he could go any
further. THIS morning he suggested to his AS
sociate the propriety Of employing some one as
an associate to come in court and examine tho
witnesses while he, Mr.. Baker, would stay in his
| nM q then send
| them to court.
General Wallace said We have continually
manifested disposition to be AZ lenient towards
: you as we properly could. know that In civil
courts nothing Ii more common than to allow
cases to be continued, but | do say that II
your experience In civil courts extended for hall
! a century past you would not Aud single ia.
stance where the counsel has been allowed time
to arrange, or, may say, drill witnesses. II Il
perfectly clear to my mind that the decision made
by the Court this morning was perfectly right
and proper.
Mr. Baker. was not aware any decision had
been made.
General Wallace. Yes, sir; we made decision
In regard to that point this morning.
Mr. Daket: II It comes TO the point that must
put the witnesses on the stand without knowing
to what they would testify, will be compelled
to give up the case, though do mot want 10 give
It up bat uuder the circumstGnceg It will be im
possible for me to 80 on.
The decision OF the court was bere read
judge Advocate Hosmer said some witnesses
had come 10 aud they could go on aud examine
them, then probably some time could be given
Mr. baker to make out his defence for to NOR
row,