Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-08-28
TIE iWfTlzCTrraI.

raigned, by substituting thelname of Jos. III.
White as one of the parties with whom the
defendant; is charged with conspiring to
cause the death of Union prisoners.
Mr.. Baker objected to the motion to sup
ply the misnomer. He argued that the
prisoner was arraigned on these charges by
order OF che President, and that until the
original authority should supply the def
cheney no further testimony could be re-
ceived affecting DR.. White and the prisoner
at the bar. The court overrIlled the obec-
tion, when the name Of DR.. White was cor
rected. "''' ~
Mr.. Baker said that,thename of John Fl.
Winder also appeared one Of, the alleged
conspirators. The fact was, however, no.
torious, that Winder'is dead, and therefore
this court is sitting and trying a man not in
existence. He moved to strike out the name
of Winder. ,.:r "'' N'
The Judge Advocate-Do you appear for
Winder?
Mr.. Baker-No.. -rI asig ..al c7gs . 20
The Court--Do you hold that Wlnder is
on trial
Mr.. Baker-I hold Winder, who is dead,
cannot be tried for conspiracy.
The Judge Advocate-We have not been
informed that Winder is dead. 'i
Mr.. Baker-Itis notorious fact ofwhich
4 = -
The Judge Advocate Booth &as dead
when the other conspirators were tried, yet
in that case the counsel for defense made
no objection to Booths name in the charges.
MIR. Baker-A military commission could
do many things not common for a civil
court but they could not try dead man.
The court overruled the motion to strike
out the name of JnO. II. Winder.
DryBurrowsfurther testified that at An
dersonville prisoners were arrested for buy
ing green corn, which the guard took away
from them. Corn eis an antiscobic in
cases of scurvey, and is a useful diet.
The shops OF the cookhouse were thrown
in the stream which ran through the prison,
the eXhalations from which were terrible
and very unhealthy; besides the sink over
flowed owing to the rains, rendering the
premises still more intolerable. Human
bodies sometimes lay unburied for three
days. The stencil was terrible, sensfbly
affecting the atmosphere, and was worse
than that of any. dissectiHg room. Com
plants of these things were frequently
made in high quarters. Dead men were in
the morning frequently found among the
living. The largest number of deaths in
the stockade for one day in August, 1864,
was POI. The witness found Captain Wirtz
in charge of the prison when he went
there. and left him there at the time he
made his escape. RatiOns were cut off from
the entire number of the 10000 for an en-
tire day, owing to the alleged offenses of
few others The Witness, remembered
Wirtz said to him that he (Wirt0 was of
more service to the Confederate Govern
ment than any OF the poor rebels in front.
% Cross examined by Mr., Baker-Was q
medical student on the breaking out of the
was u1 hnN.n hnan ino,, cd Sinna 10
mustered out on the 7th of December last
The witness had never seen our men in the
army wearngVa ball and chaip, nor had, he
seen them punished in any other way than
by detention in the guard house. lie had
seen men inr our hospitals affected with
syphilis, but none of the cases were so bad
assthose at AndersOnville.r Our cases were
primary, while those therein the rebel pris-
on were secondary, as general thing.
The cross questioning was further con-
tinued to show that the rebel hospitals were
deficient of medical remedies. The court
then at one o'clock adjourned till two o.
clock.
1t is proper to say that Mr.. Baker did not
voluntarily appear as counsel for the de-
fense, as has been stated, but entered upon
the duties of counsel after consultation
with Judge Hughes, who had just retired
from the case.
On the reassembling of theeourt the cross
examination of DIR. Burrows was resumed.
Lying in the dirt and owing to insufficient
medicine and diet, the chances of recovery
were against those who had syphilis.
The questions and answers were numer-
ouS'on theSpoint- involved-treatment Of
disease.
Judge Advocate Hosmer, here
said he did not see the relevancy of these
questions.
Mr.. Baker replied--He had asked witness
with what disease patients suffered and how
disease manifested itself alter patients were
sent to hospital, and whether syphilis was
owing to the vaccine matter used upon
them. He was cross-eXamining witness on
this very point.
The C6urt-You do not give the witness
an opportunity to answer. You frequently
put words into his mouth. .-,y3 .a-ryqr .yoss
Mr., Baker-I have q, right to thus draw
from him any Information he has.
The Court-We are disposed to be very
liberal, but you must not suppose at the
same time. we will not take; exception as to
the manner of examining witnesses.
Mr.. Baker, will pursue cross eXamina-
tion in the proper way. If / do not the
Court will excuse me.
The Court-The witness must answer in
his own words. '-'''''' "<.'
Mr.. Baker--I must pursue the course
laid down in the books, or must stop.
The Court-Go on.
The cross-eXamination was further con-
tinued, when the Court interrupted counsel
by SAYING, Here is another lecture altogeth-
er unbecOming and uncalled for.
Mr.. Baker-I beg the Courts pardon.
The Court - You beg pardon. 1t is
granted,
Mr.. Baker-I hope you will not, hold me
to the rule. f II tlLfst WlTSG ,Af
The Colrt--say nothing more about that,
but go on.
The cross-eXamination was then resumed
and finished. The court interrog ited the
witness, who said the rebel force at Ander-
sonville was between 5000 and 5000 men.
The fuel for them was cut by large force
otyeolored men j There were axes enough
to supply our men for like purpose. The
witness gave as his honest opinion that if
there had been proper food, elothing, quar-
ters and other necessary supplies, from sew
enty-tive to eighty per cent. of the deaths
might have,been prevented. In the dispen-
sary he had seen some supplies Which had
come by way of Richmond, such as dried
beef, say two or three hundred pounds, and
some bologna sausages. He saw, several
boxes of eiyshing at the depot. Never in
his ward saw, anything of the clothing,
Once or twice "a little Of the dried beef was
brought in, but it did not afford each man
in the ward half an ounce. The witness
did not know who used the remainder of
the beef and sausages.
Robert Ii. Kellogg Said he was
captured at Plymouth, and with about 400