New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-24

of these witnesses have at great sacrihoe come
6re and with sincere desire to serve the ends Of i'm
tial Justice and should not be detained single mo-
mt longer than necessity requires
&c the Associated Press.
WARRINGTON Wednesday, Aug. 20. 1865.
The Win Military Commission met this
morning IL o'clock in the Court Of Claims Room, at
Jndre Hughes. OF counsel for the accused said that
rs the prisoner should be brought into Court he would
MaiorLien. wallace remarked: Time enough will
te given for that purpose.
Judge Hughes-"1 will present it at the earliest
moment" ,
The prisoner was at this stage Of the proceedings
Brought into Court in custody Of military guard.
Judge-Advocate Chapman called the roll Of members
ali Of whom answered TO their names.
He then read an order from tie War Department.
dated the nd Of August in substance that the Military
cnmission which was to convene on the 10th inst H.
ty Of the President OF the United States dls
solved and read another order dated yesterday.
senvening Special 10 assemble nS s 10 S AZ
prisoners as nay be brought before It, the detail OF
Officers being the that of the previous ooa'
nj ssion. ~,
Chi pnan the proper authority, been appointed A.
est anti Judge Advocate.
AdvOcate Chapman asked the prisoner whether
4. h nd any objection TO the members Of the Court
Il T. Peck Of counsel said that there was none per
,oraluy. 10 the members
III q members. Judge Advocates and the official re-
n 70 "a were then promising in addition TO an
,a1 tal performance of duty. that they would not i'm
proper disclose the secret proceedings and sentence
Judge Advocate Chapman. addressing the prisoner.
You are charged under the name OF Henry WIZ. Is
thst Bamef
The lxisoner said il was.
Jnds ,.Advocate Chpmsn--The charges and spccih-
cations will now be read.
Majoi-Gen. Wallace the President Of the Court
n Iet the prisoner stand up
Capt. Wirz 10 his feet. when the charges and
"A raci6cstions were read.
Ihey are substantially the same those upon which
he was srrsigned on Monday.
He ~ first charged with malieiousy. wiilfuly and
trsltorousy and in aid of the then existing armed
elion against the United States OF America or be-
lore The ist day of March, A. d. 1864 and divers
sbsr ays betv cen that Jay and the 10Th day Of April
ts6 combining, conedeTsiing and conspiIng together
with John IL " inder: Richard b. Wnder JOSEPH
Wbite w &. Winder H. Il. Stevenson and others
Known 10 inure the health aud destroy the lives Of sol
airrs in the military seryce of the United States ther
hed and being prisoners within the lines of the
socalled Confederate States, and D the military prisons
thereof 10 the end that the armies of the United States
might he weakened and impaired. tn violation Of the
The above differs from the former charge in this
samely; that the names of Robert T. Lee, James l..
Ssddon and Lucas ID. Northrop are now omitted.
The other charge Ia that Of murder, produced by
Aeartless, brutal and cruel treatment.
The Specifications are II in number.
Judge. Advocate Chapman asked the prisoner what
answer be had 70 make to the charges.
The prisoner gave no reply.
Judge Hughes of counsel said that these charges
and specifications the fact that amendments
changes bad been made in those heretofore presented
reached him for the first time The counsel had
received official note this morning from the Judge
Advocate which he would read. accompanied by a
COPY ne supposed Of these charges This note was
reesiyed al O'clock little sooner this morning,
addressed to the firm OF which he member. viz
Hughes Denver & Peck, dated August % 1868.
The note from Judge Advocate Chapman IS in sub
stance briefly as follows.
81 inclose copy Vi the charges and Specifications
@iih such changes "a nay be presented tomorrow. II
d proper TO say what could not be said sooner
viz the Court III assemble tomorrow at IL O'clock ia
he az nnht Ill ft.npt
further delay with the The objections made bv
y0l will in part be removed by the orders of to.mOr-
fos There remain oua two points raised by you TO be
settled;
list As TO the Jurisdiction of the Court and Cd, ~
10 the immunity of Capt Wiry. claimed under the
concluded between Johnston aud Sherman.
These. hope. will b. disposed of tomorrow, as
soon we get into the evidence"
Judge Hughes said the note not dated yesterday
but TO-DAY. this being the I'D
Jadse-Adyocate Chiprnan said the note written
yesterday, but was wrongly daied IN the hurry.
Judge Hughes remarked that he saw. by morning
paper only thst the Court to meet to-day and II
was mere accident that be came here The aathotie:
ample that the prisoner should have time TO plead
and prepare for defense and 10 consult counsel and
tho prisoners behalf he asked the Commission 10 give
him sufficient time The prisoner without any fault Of
his. would now be under the necessity VI employing
new couosel as be (Judge Hugbos) WAS inclined 10
think that he bad rendered all tho professional service
required by his obligations Ii necessary for him
70 give the for withdrawing from the case but
ths ought 70 prevent the Court from determining
che question OF giving further tlme
Jndge-Advocate Chapman did not object TO his note
being read rs an Official paper He placed the amend.
Of the charges In the hands Of the counsel soon
n possible. The note written at dark and sent BY
old and faithful orderly and delivered at the Office
which he supposed the gentlemen occupied during the
day but they may have been out at the time. He
had nothing 20 say against proper adjournment
10 enable the prisoner TO prepare for defence He
shOnld certainly par. from the gentlemen with regret
yet he did not feel that either himself Tie Court
10 be Inundated by the threats OF counsel If there
was sny hard grievance, he supposed The Court would
proceed properly and legally. He proposed ~ curtail
right or cut on any privilege to whob counsel
entitled lie LEFT the question Of posipopenen 10 the
Court
Judge Hughes remarked that this q court
vust brought into being. The Court would not subject
fhe prisoner TO the disadvantages OF the re-
gsnlzation VI the Court, aud deny him
tbs benefits which might result from 10
Thu Court knew nothing of the other OF former
shsrAes IL ne had rsd anything calculated to intim
Gate The Court animated by the udge.AdyOcate.
De not aware oft Even had he heon disposed
be woui have had sdmOntion in tho countenances
Of the officers composing the Court and in the past
conduct these gentlemen that II would be labor lost
they had cen ia the smoke Of battle. Perhaps he
wonld maxi, similar remark applicable 70 his friend,
the JndgeA dvocste II he aware that the latter
had beel Ia battle but be had not heard Off
Mr. Peck, one Of the counsel for the defense, s1g.
gcsted ~ the Court that the action wOnd bring
Up entirely class Of defense and would
MY take up more time.
Judge Hughes lere took up his hat and placing
pile Of law books under hs walked out Of the :
court room. .
Mr.. Peck resurnine ssid az the prisoner lad once
been arraignod and bic life placed IN jeopardy he was
untitled now eithor w an acquitts trial the
bsser charges lie believed that slI the authorities.