New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-29

Singular Conduct of Prisoners
Counsel.
THEY ABANDON THE CASE.
WASHINGTON. Monday, Aug. 2s, 1865

WAsHISGTos Monday, Aug. 2s 1865.
The reason assigned by those who ought TO
know, for the withdrawal Of the names of Robert L.
Lee and several others from the charge Of conspiracy
with wirz. is that these persons actually
strnctvey in the custody of the United States though
not on trial.
1t was seen from the time Mr.. Baker entered as
counsel for Capt Wrz that be would not long enjoy
amicabe relations with the Commission; and on repeat
cd occasions sharp words passed between them. To
day be with his associate Schade withdrew. This is
the second time within week that WINS counsel have
deserted him.
WIZ was very much hurt at this, and imploringly
said 10 Mr. Baker: lyon might stay TO help me, and
You should not mind even If the Court does sometimes
overIule YOU In the absence Of other counsel it
Geroives on Jldge.Advocate Chapman 10 see thst he
has. fair play.
The cross-examinatOn OF Robert ii. Kellogg
was resumed by Mr.. Baker The witness said lie en-
tered the United states service on the 18th Of March
1902 and was discharged on the lst OF June. 1860.
O. Were Won M any other prison than Andegsonye
\. was ct Charleston and Florence.
O. Was the treatment At those places materially DIFF
fcront from that nj AndersOByilet
Judcc.Adyocate Chipman objected.
Mr. Baker-I thought nv question little out OF the
way. bit that no objection would be made.
The judge. Adyocete-This manner of cross-exani.
nation will not be tolerated. II the counsel persists
SEX 1F the enforcement Of the rule that he rcGace his
questions 90 writing.
Mr. Baker-The intention Of my question to
show that the treatment Of prisoners was equally good
Is hat at the other prisons.
Judge. Adyocate-Th is part Of your defense, bu.
not proper IN a cross EXAMINATION.
Mr.. Haker-Ihc indictment charges Capt. WIZ with
acting contrary to the laws and usaees Of war. This
is the gist Of the whole thing No matter how desti
tute the prisoner, were, or bow they suffered If we
show nothing done contrary TO the laws and
OF war then this cannot be punished. We think.
Tho dge-Adyocatc-The question is improper.
There il evidence AS TO the treatment IN other
The Cont sustained the objection.
The oross-cNamination was resumed and long con-
iiuued during which the witness said that unless men
sent ont TO cut wood strongly guarded they would
oyorpowcr the guard, and would have been fools II
they had not attempted 10 make their escape The
proper guard for a squad Of twenty men would be an
ared corporal and six mem he did not know. Of his
own knowledge. that Capt. WIZ prevented men from
going ont to cut wood; he knew that the men dug one
well with whatever they could get, such as half can
teens and tin plates and spoons the water Of The wells
was fair; there not room enough 70 dlg All tue wells
which were needed: the space was required Tor the
prisoners; be never saw Capt. WIZ order or take
away from the prisoners anything which contributed
10 their health and comfort be thought the police regu
ations might have been better; one occasion Capt
Wir1 did him kindness; he had been IN the woods anu
had left his knife there and Capt WIZ was the means
o. his recovering it he did not himself know from ms
own observation, OF any w.liiul OF inhuman act by
Capt. wiz.
Thomas g. Alcock was sworn. and testified that he
was captured and 10 Andersonyle prison m some
part of December lrCi; on arriving there he was
searched by Capt Wirz the prisoner whom be now
recognized the bar who took from him his belt con
tanning $50 in gold. $3.50 IN greenbacks, jack'knie,
brcastpn aud gold ring and his pocket book these
were never returned To him. occasion weak
man a.ked Capt Wirz 10 let him go out for some fresh
air. WIZ asked what be meant, and turned round.
pulled revolver out Of his pocket and shot him down
the died two or three hours afterwards the wit.
ness spoke in condemnation OF Ills act to WIZ who
said be woald put hm in the place; the witness
replied lie not afraid OF IL Wiz then called Cor
pOra and two guards, who put upon him ball and
chain; he gradually by working at the ball and chain
freed himself of the weight. and then made his escape;
the man that was shot was named Wright. aud be.
longed 10 hc sth Missouri the prisoners would
times get water from the stream brook By attaching
their vessels to the end of poles while doing 80 they
were often fired at with shell
CrOs,examined by Mr.. Baker-O. Where did Won
get the $50 in gold A. l captured it in Jackson
Miss.
Mr. Baker-And Capt. Wiz captured it from you
Had not he n right to do so'
The Witness-No. Laughter
Mr. Baker-Thai is Your opinion.
The witness on being further Intercepted said he
found the gold ut the root OF tree in tho woods;
negro showed him where the money was he did not
know to whom IL Belonged ihe witness native Of
and lived in Ohio when he joined regiment from that
State the Ia whom he had referred having been
killed by Capt. Wrg. saluted the Captain in the usual
wey and ask cd that he might go OF the crowd TO
cet some fresh air. Capt Wirz asked abruptly what he
meant the man murnured, when Wirz said in the
Dutch language, Look ont 90 the man only
few PAGES from Capt. Wiz face to face. when Capt
Wirz drew his pistol and shot the man. who died soon
afterward from the effects OF the wound the witness
remained at the prison two months after the was
shot.
Sergeant Boston C0Ibet testified that he was in the
United States service; captured at Centrevle
Va ard conveyed to Andersonylle where he arrived
IN July; before he and his companion entered the
stockade having remained some time, they were di-
yded into detachments; he exceedingly thirsty
and asked near Capt. Wiizs for drink Of water
the man of our prisoners his parole Of
honor for different occupation but could not give me
the water; another man sick III the stockae and
asked the Lieutenant Of the squad whether he could mol
be sent TO the Hospital; the officer informed
him that nothing could he done III 70.
morrow and that he must 20 into tne
stockade with the Others after he entered the
he found nine men of his Company who had been
there three months previous; within TWO "v vera !
six OF these men died; of II men WY, two
taken TO Andersonvillc when be was; on' when |
| returned alive; he was one OF .hem, no
he reached there he saw forts anu obains
noticed several men near the headquarters Az b stiii
with balls exposed 10 the heat OF INC SUI t,omiasrs
bore the marks of the by exposure on n saaia
he had seen the stocks but did not renie ,n, aeeiS
any persons in them; the dead line was sls "uoao
structure three or four feet high runnins .weno VI
fifteen feat from tho socksde; the pIaSo Nne,e tue
stream entered the sockade was prosen w" hc l'u
seen men shot and killed there ths PIisoh was III .
borribr condition Of filth; the swamp on esch sue OF
tho stream was so offensive anu the stencn so great
thai he wondered every man there dld not die ne De
,n a. The cause Of the dsatb of NAVY Of our mem