, 1865-03-03

nit the right, Judge Key claimed to speak for his
lnte client, low that The man has Voluntarily with
6s sio,e ut n q %
Travis Daniels was not IN Court, then neither
could his counsel be, for military tribunal ouly
recognizes the Attorney as tae nett irlend of tho
Col. spooner asked bow then could Grenfelrs> :
counsel appear for h1m IN hib absence!
The ynaEe advocate rep!isd Fl! that the cases were
proceed with the trial of Daniels hut amply to
upon his sentence from the testimony
a1rendy In, and the accused Is never pre.ent with
ANN, though Col. Grcnfatl has watred the night
Of his presence In Court he has not waived his
right Of defense. Daniels, h5 his action, has done
only through the courtesy Of the Court, DO WAS
wiling to uilow him to proceed. II, however, be
urged hts right SO to act, he ehould most decidedly
Judge Kcy declined 10 foreeo what he consid-
cred d right he possessed, whercupon the Court
was cleafed for delioeraton.
On hclng Ge-opeued, 1t wAs announced by Mator
Burnett tfat the Commission had decided that the
counsel has no night to address them on behalf of
the escaped prisoner, but may BE- heard "a qnes-
Judce hey promised to be prepared with his re-
marks by Tomorrow morning, At the opening Of
Nj. Assy on behalf Of the accused, Walsh, and
also IL: the a,,sence Of Judge Wilson, On lchau OF
Colonel Grrnftll desired to interposc an objection
to the Court proceeding to the findings in tho caae
or at the merit ecsstun Of the Court
TIE Judge Advocate ssid that the whole quee.
tlon had 1eL;ef Be- postponed unl
MIR, Aeay then asked all witnesses for the de-
fcIee whu might he in the Court room to retire;
with the exception Of Ms. Dr,sco1l who was sworn
and testified as foltows:
EVIDENCE or M. nR1sco1L
NY nsme Is Daniel D. Dsizeoll, Tam resident
Of Chicago, and have lived there for the past
twelve years, am IN attorney at law, and have
besa So snee
g1utzation OF the party. first knew Wish ELK or
eight =. ago, and have known his general char.
f hn The two VafR n is
wis 60 far as knew good.
Nr .4s1y-S,atc what yonr know, II anything.
Of iacts in his action since The commencement
Of tzo0elrs n our nniont
The Judge Advocate objected to the question.
astt 1nvolyed an Issue quite a1,natsIlai % the
case. The wasness bad stated that he bad not
that w.s rs lar back as the prosecution had gone.
1t would hardly be legitimate to attempt to prove
former good actions, to d'sprove present trans
| Nj. Asay deemed thst it was his right to chow
ae tar a. poes'he the general ehafscter Of his
Client He wished to proye that Walsh, far from
outbreak Of The rebellion, in raising four regl-
| ments. two Of which would never have been or
ganized but for his efforts. Musligan't famous
regiment was raised at an expense Of half MI
| Walsh's fortune, while he made further expe1.
diture Of the remnant in helping to organize the
| Irish Legion, or Father Dnnn'B regiment. These
were acts which he held the court shoE1d know,
- to jucgc OF the general character OF the mn
The court was then cleared for dellberation. On
| its bling re-opened the Judge Advocate announ=:
would moi admit PROOF Of the general character ol
the accused at 30 remote period as the ono indi
cated.
| have had for forming IN opinion OF the general
character Of Mr. Nalsh as to loyalty.
The Judge Adyoeate objected = They ha1 n91a, ;s
law allows counsel toProre ls general reputation,
but docs not ray anything abo:. character.
Nj; Assay consented to amend biz question By
substituting the word reputation '0f ' Char
WIneks-Intn the lust two years had good op
The Judge Aaroe ste Objected to going back sc
far as TWO years. They did not claim that the con
epiracy was in existence then.
been used es an authority hy the Eovernnen
counsel, ruled, thot witness 6n the character q
the accused may s'ato the means he has Tor oh
BE he'd that the acts Of msn were the best cftse
rion by which TO form an idea Of that character
and therefore wished to proya acts Of Mr. Nafa3
which would show him to be loyal man: 4
proof public acts which hare been approved b!
superior oficcre. Nov, suppose an officer u
% to prove M 'id bis general Character ior conrase
hut he may chow any PARTICULAR acts, for Ehicl
praise was neted TO him by his superlors.
a1coe the reat tA aresi1oa m Ms had -" asksd ii
witness as to the means be possessed OF KNOWN:
the general reputation Of the accused. and NOT re
garaing h1e Knowledge Of the transaction Of IN,
particular deeds.
Mr.: Assy thought that scts were the hest oppo.
tun1ties afvrjed any one to Judge the character O
MN. But he would 70 q etep farther. Fzor
constitution Of the eonst T. 1s ootn 1, adgS a.
eence Of the accused. but had to determine i. ~
sentence Perhapa jury %ay ana n1t Inquire hEo1 IT
The dae 5use m.y ser and asE b
the man ever been in trouola before! Doea q
| nnseess pu1e =ntccedentsf or does he stand beior
branded soarifl' Mhat a are 2.tnnsidsr @ tsi
n1erious decieion II necessary. and REMAINDER ~
| II either Of them WAS charged With coTardic'
tsna faeid evidence thst ther accusof was lia
md The trnth vas not IN hlm: r..,noa :, oh,a,
1ifncss cont2nueti-I was IN active partisan
| the Republican party during the late campaigs
| and spoke at several meetings, as helped 10 ca
EnoM ns ausne q y % own M kpoTiese q
character Of Walsh, know nothing against 1t {
10 loyalty, though certainly have often heard
Mr. AsogYou may stand down sir, hay
nothing further to ask yuu.
The Judge Advocate declined to cross-examit
Aldermen John comisky'w was then sworn. tt
following IL the testimony:
ly1pEsCE OF ALDERMAN coM1sEY.
1ly name Is John Com1sky. ! reside IN Chic
60, and have lived there el9ce the iail Of 50,
mcrly have Tatlroaded. vas ~ the freight d
psrtment Of the Chicago and Rock Island Raj
iond. i have known the accused for eleven year:
| to tho time Of tbs arrest WIS good. Prior to hi
arrest nevrr heatd any imputation cast upon hl
| .r,, IN vo1 I-nnv hfz rarrt stfor .. . h,
name and kind hearted man In tic community
which he resided prior 10 bis arrests
3hs Judge A5fosate objected to the aaestio
arc traitors, and many k,nd hearted Iacn oppose
to their governmental Counsel could with equ.
propEey ast TIC witness Il he KEY the dssnt
1ne man with eowaIdicc, Bcnet allows that 1t
aduiesib'c for the accused to prove his gener.
reputation for couraee, but u he Is chnFgedwit
thcft, the proof Of personal courage will nothVa
him, though It has been said that no really BRAY
N: \ wouid be q tnieI
4f Asay coItcndcd thHt cren according to th
Judges argument, bis point was admissible
Ckarses Wslsh wns charged with conEptrtng
commit an inhumun and deyiltsh act, which, II b
ever contsmplstes in his heart, hanging was to
good for him, for there was no npo1ogy for such
crime. kind hearted man could not copspi,
.in dark conc1ave not only to release in the mid
osd 0Ss e TeIse a5 ssIs saa q p9
wires and little ones Of defcn:eless citizens. an
thus eive aid and 6uccor to the enemy, hut to sac
/ and burn C1tTs CONSUMING 70 uestncdOn all tni
| thev held dear. Such an act would be not on]
fnhnmap but monstrous, Il it not, therefore, i
efti1nate 10 show that, fsr from being auch mo-
ster. the accused Was, on the contrary, kin
hearted man, sessing sTmpathles easily moved
He could Show that when tho prfsoners came bas
from Harper's Ferry, broken In spirit and maz
OF them wrecked in health, his client used eve
which be filed with suffering soldiers from top
aiier deliberation, the Court determined 70 ore
! nF r.. Ind
ts Seesa9G ot nsss
Walsh to be a humane and knd-hearted man.
frsr learned Of the existence Of arms and mur
t,ens Of wsr N Malsh hopse ,dnesa u 6ne n
! | not knos ttat fund WIS raised among leaders
the Democratic part, IN Chicago to O. eject the pr
did 70. KNOW o. fhs at
1 thcy were there. heard this from Walsh n,
sell, he first told me month or two before Il
DemoczattoC Convention.
Mr. dsdy-Did you learn from him why tho
ar1ns were in bis poesession, and for what purpo
they were intended: .-
The Judge Advocate objected It was comE
tent for the prosecution TO pf9vs st:tements o. ~
| snnal statements In his faFoE, With the single
certion Of proving the whole. OF conycFsatio
pnTt Of which had been breneht ont by the pros
cuuop. II the counsel withed 70 deliver the 9su
amount Of evidence in bis speech. be would like
have him swOIu before hf commenced:
Mr. Assy learnt for the arst tlme In his iiie th
an oath. though certainly ut the commenceme
Of the trial the Judge Advocate promised to pur
himself Of part u his own oath, and. setting ash
~ position Of judge. promised only to appear
Advocate Or prosecutor.
Mafer Burnett eall the assertion was Utterly al
up9natihediy talee.
the record of the Court hut "didn't do it."
eoninned, @ thst It was IN his power to provo Il
'seP sS.p psss on m msnaasa .2 T;
] | Government bad taken to Chfcnrp not oD1y m