The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-08-25
Indictment OF Pennsylvania.
Raiders. a
IRleEtSling PrOm GeOrgIa.
GOLD LAST NIGHT f4S So.
THE wIRz TR AL.

4
Mr.. Schsde stated that as his associate
for the defense had retired, he was left
alone to manage the case. He therefore
asked that there be postnonement for
eight days, in order thst he might become
better scqusinted with the subject, and
prepare fer defense.
Col Ohipman stated the reason WHY
there should be no further postponement
remarking that the gentleman was already
fully informed of the thsory of prosecution.
The court overruled the request for post
ponement
o. S. Baker, ESQ, volunteered for the
defense, and is therefore associated with
Mr.. Schade.
The prisoner put in several pleas why he
should not be tried, denying the jurisdic-
ton of the court and insisting that the
charges ought to be quashed.
The court overruled the pleas of the
counsel for the defense, and proceeded to
the trial.
Among the witnesses examined was Col
onel Gibbs, who commanded the post at
Andersonville. Hs said that WiIz had
exclusive control of the prison. The pris-
onors we're crowded SO closely as to smind
him of an snt-hill. He gave q circum-
stantisl account OF the discipline, and the
| disgusting condition of the prisoners, and
| remarked that one of the rules YVES that
whoever crossed the desd-line should DO
shot.
DR.. John C. Bstes, ex.rebel, who was .
| physician at the prison, gave q long and
interesting account of that place, and the
shameful treatment to which prisoneri were
! subjected, stating, as his opinion, that with
proper care the lives of rs per cent. of
those who died might have been saved.
Both of these witnesses testified as 70 the
keeping OF dogs as prison instruments. ,t
Mr.. Schode then presented several pleas
as follows:
lst. That the prisoner is entitled to his
discharge in consequence of the promise of
Captain Meyer, of the staff of Brevet Ma
jor General Wilson, in command at Ma
con, Georgis, that if he (Wirz) would ac-
company him to headquarters tor the pur-
pose of giving certain information, he
should not be arrested or held as prisoner.
The accused accepted the offer and claims
to have since been held in violation of the
pledge of his personal liberty.
ID The prisoner denies the jurisdiction
of the court to try him on these charges
and Specifications:
Sd. The war is ended and civil law re-
stored, and, therefore, there is no military
law under which he can be tried,
4th. He moves to quash the charges
and specifications upon the ground of the
vsgueness and Indebtedness concerning
the time, place and manner of ofenses
charged.
5.6. That on the 2lst of August, 1865,
ne WIS sITsIgneu End put on TrTsI on his
plea of not guilty TO these charges, before
that combustion was DrUkon up With e-t hi1
agency or consent, and adjourned without
record. Having been once put in jeopar-
dy on those charges, the prisoner claims
that he cannot be arrsigned again as before,
but is entitled to the benefit of an &C.
quittal.
9Th. he claims that he should be dis
charged because he was an officer OF the
so called Southern Confederscy, and enti-
tied to the terms agreed to between Gener-
ais Sherman and Johnston, which were
complied with by him, and in accordance
with which he is ready to give his obligs-
tiOn in writing not to take up srms against
the Government.
Mr.. Schsde said they were not disposed
to discuss these p ess, not but he wished
them to go over TO final argument.
Judge Advocate Ohipmsn desired the
gentlemen, if they had anything to say
to do so now. There was but one plea
| the question of Jurisdiction-which could
properly go over, as others constituted
ples in Court and should be decided before
| the Court could hear the case. 1t was
proper that they should argue all at this
| time, except the plea of Jurisdiction. Mr..
| Schsde said that if the Committee insisted
on an argument before proceeding further,
he must ask for an adjournment until to-
morrow, so as to afford the Consul, Mr..
| Baker, who had ju,t come in, tn oppor-
tunity to examine the case.
| Mr.. Baker said that IS it was but mo-
ment since he had anything to do with the
case, the Court would readily see that ne
| conld have no information as to the pleas
nut in or charges against the prisoner; he
bAd not even read the charges, and was
almost inclined 10 consent to go on in view
of the changes and delay that had already
taken place, but he could not think he
would be doing his duty if he should at
tempt TO argue pleas that he had not read ;
this was a grave offence, and if charged, 1t
might cost the prisoner his life; and after
the sudden termination of the case yester-
day. he might say somerssult, they ought
not 70 90 on without Affording time to con-
slider. If however, the Court decided 1t
not to be proper to adjourn over one day
he would proceed to argue the case to the
best OF his ability.
, The Jugde Advocate remarked that the
leading counsel was present at the previous
ARRANGEMENTS and must be familiar with
MI. Baker, resuming, said the principal
ples to be discussed wss to qussh the pro-
ceedinps in consequence of the vsguene:i
and indefniteness Of the charges and specl'
ficRtions. 4,
The court, however, was not going II
3 discharge the prisoner on technlcahty
nor wo1lo it convict him on such, and Will
f the courts consent Mr.. Baker would le
; the argument of the case go over until tn
close Of the trial.
The Judge Advocate insisted that tn
g defense should close up his plea now.
= Mr.. Schsde said he wsived the srgumen
10 and ioined the issue st once on the simple
plea of not guilty.
l. Mr.. Baker said he was also ready to pu
in plea OF not guilty alone If the coui
d would let the argument on pleas go owe
al and thus not waste time.
;. The Judge Advocate stated ne Woul
50 enter demurrer to the pleas interPose'
10 with the exception OF the plea ol JurlSui'
tion.
The President, General Wallace, sske
n the Judge Advocate if he could not resc
= the pleas by motion as well as BY d
murrer.
Judge Advocate Chipmsn-Yes.
President-A demurrer is not known
Y. 8 court ofthis character.
The Judge Advocate accepted the sn
gestion, and moved that the pleas, Wi
the exception of that of jurisdiction,
overruled.
Mr.. Baker hoped that if the court Passe
at ali on pleas, 1t would do so without
Oument, written or verbal by the Judl
Advocate, as the counsel would be unsh
70 answer them in so short time as TN
were to argue the pleas.
Judge Advocate said that, after maklr
that motion, he supposed be had the rig
Ay to mention his reasons, so that he mig
te be placed properly on record.
on A vote wss then taken by the court, J
sulting in the permission for the Jud
. Advocate TO proceed in his argument
,os the motion to overrule.
ek The Judge Advocate said, aside trc
no the question of jurisdiction, that there
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