The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-09-01
The Trial oe vyir1---rourth Day.

Ahc Vrini OF sS1rz---rottrth Day.
The Judge Advocate asked thst the
prisoner plead.
Nir. Scli;s,le said he was the only
counsel now for tho accused. Those
who had been his counsel had the case
III hand for several weeks, and the
Court knew why they dropped it.
The President Gen. W;lllacc) said
tho Court did not know. and it was
unnecessary for them to know.
Mr. Schado continued: He was a,i
adopted citizen, Us well as his clicnt.
anI he could i.ot, as Mcssrs Hug ghcs,
Denver and Peck had done, desert the
accused. He believed he was inno-
cent. 70 leave him now would be to
dlshonor his profession. Hcwas salts
tied Of his Inability to cope with the
brilliant array of talent on the other
side. He would, therefore, respect
fully ask for eight days, that the de-
fendant might select additional coun-
sci, and they have time to Investigates
the charges against the accused. He
believed the Commission were dis
posed to give the accused u fair trial
that was all he asked.
The Judge Advocate thought the
counsel had sufficient time to arrange
for trial. BE had been associated
with the other counsel. The prisoner
should at least plead, and the case be
brought to an issue; then, if the
Court deemed it proper to grant far
ther time, that the defence might pre-
pare Tor II cross examination, &c wl.u!.l
not object.
Mr.. Sclade appealed to the gene
rosity of the Court, If he made mis-
takes IN tho course of the tria:. they
might spoil the ease. He could not.
like the Judge Advocate, in s,lcl! an
instance, :"." power behind him To
dissolve the Court, and t,us liz III,
matters. He would, therefore,. re-
spcctfully insist u3on time being
given.
The President replied that the Court
had decided that the prisoner be re-
quircd to plead immediately.
Wirz then pleaded that he had been
previously arraiGucd on the same
charge before q, Military Commission
on tee 2lst instant, MS lie and liberty
;1ooe-c;l1ed, and 1naj ana5 Cona1aission
Laa oeea dissolved a2d o-o-.eo 70;
that lis l;:::e aad liberty caauos, by sse
laws Of tho country, be jeopa-d;;zea 9
second t::--.,o
Ee tG--tke: sSates that ke haS corr
piled witA the terms of the conven-
c;on between Sherman and Johnston,
and was even now willing to renew his
Obligation u writing.
Mr.. Schade said he would not dis
cuss tAe pleas nov, but let them &c
over to the>fnal argument.
The Judge Advocate granted that
they could I'll go over but the plea to
the jurisdiction, which should be de-
ci6ed now
The counsel then agreed to waive the
pleas, and put IN a plea Of not guilty,
il the Court would consent that ti.-
pleas should go over to the final arcu-
ment.
The Judge Advocate moved that The
pleas, except tie one as to jurisdic-
ton, be ovcrr,lled, and argued that
there were but four questions in
volved, Excepting the one of jurisdic-
ton; lst. The vagueness and indeti-
LAtCIlc.oo VI Cnbi SoeS tlltt E)ecll1CaIlOGS,
which he would leave with the Court
to dispose of. 2d. The plea of being
once arraigned aud his life jeopar-
died, and that he could not be placed
on trial on the same charges again
He would simply read q letter from
the Chief Of the Bureau Of Military
Justice, Judge Holt, who decided that
party has not been tried until his
acquittal or conviction has been for
mally announced. AS to the plea Of
personal liberty being promised by
Capt. Noyes, it was not valid, us Gen.
Wilson knew nothing of the particu-
lars Of the affair 1t was his duty to
annul o pledge after discovery Of the
crimes charged on the prisoner. Such
crlmes'could only be ahsolved by the
special pardon of the Executive.
MIR. Baker pleaded that the accused
was ~ hunlhl" servant under the
orders OF his superiors, and could not