The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-08-22

cred 70 the prisoner only Yesterday sferuoon, and
vas not seen by his counsel. viz, Messrs. HUGHES,
Denver, Peck and Louis schode, until thi, morains
He submitted the question whether q reasonable
time should no, Be svoa TO the prscuer to prepare
for defense or not. What made extension Of tune
stu more In pottsnt, ~oA THAI three or fsur peei,
ago totally different set ofehsrses we're .erveI to
those Who proposed 10 defend him, and or which
preparations todhst and alone had been made. The
shsrsee tust read we're different in substance and
form .nd eert.inly twenty -iour houts nohos -.
Let suhicient TO &C cnFider them.
Colonel Chipmsr felt IL 10 be his duty 20 state the
ehsrss served two or three -sek' AGO embraced
precitely the substance. hut not the form Of
Just pi siersd. The only sddition 10 ihe eharse OF
eousp scy, vbich include the acts heretofore al.yed
Therefore the counsel should le rrspsred 10 meet
thsin. There should be no unreasonable delay We
had subpu-used number OF witnesses from the South
and hundred vitnesees TOR the Cove runlent we're
Jude Hushs, replied ihs tho counsel d,sisu.t.d
no time. lbey Nted no undue or unnecessary indul-
genee, hut vtkhei to facilitate the business of the
Com mission. As 10 the substance Of the eh.rge. to
sh,ch the pr',onar y'osd, not guilty, they rer.
called up him 10 defend has life only, but the
other, ust read TO this Ccutt, required him no, ony
70 feiend b, own ihs' bus thai o Gen. Lee AID half
Col. Chippla desired the gentleman to inA,s,s @
Judsc Hurhs. replied We srpen for the prison.
er nos OF tria. Ne only desire 10 defend Captain
WirE We may object 10 the iorr OF tho charges, the
scy but setusl crimes undsriL The other chars. 10
murder NTH th rtsen ,pecifcstions II tho.e spcei-
cations Of murder come under the civil lay then
propose ths. this court cannot take Jurisdiction, but
sney come under military ar this Court misht take
lay down sorne ruo BY which they To bs sovernod
during the trial.
Juire Chipmsn said The point Is not new one
The case not required 70 he form.lly prepared and
sent 70 the court. ihe court IL constituted Tor tho
ulA OF such prisoner a. may be brought before II.
The Court With closed door, decided 70 ovsrIuls
the Pies Of the eounsel for the accused.
Judge Hughes IN order, - he said, 70 fncilitsts
proceedinsA ficd several pleas, First denying the
lursdicton Of the Court 10 try the prisoner Second
VIA, this case 10 not brought before II By oompetnnt
snthority; Third, that The prisoner Is . natuTal-
iLed citizen, and Vas never in tho land
ot naval service Of the United States 1h
proner protests that he ought NOT osefore to be
tied but DISCHARGED from custody. lie q 90 claims
tnni Just before the time Of hs arrest 81 Anderson
yne Capt. Noyss, duty that place, spilled 70
MN ior information, which he eheeTfuly eoIhmuni-
ea,ed 70 hin- and ho accompanied Capt. Move. to
zen wilson's quarters, the former promising him
ths eondnet and giving him an assurance that
ne should not be anested. The prisoner re-
ued on the good faith Of Captain Noyes, but
notvithstanding the above repeated assurances
,ns prisoner vs seired, hold in Confinement, and
prought 70 Washington. The prisoner iurther pro-
teeu thst he ousht not to be held any longer for the
reason a set forth 81 ionsth, that he came within the
terms of the eaptulatinn between Gen. Johnston and
Ten bhermsn. Tho defendant also aka the Court
70 quAsn the several charges and spec .fcauonS be-
tssse s tney are each and every ono uncertain aud
lndehnito - 70 the time and the offence aud tho
aetatisns arc so indefinite and vague that he
nos TO te tried upon them and furtho that they do
not eharss him vilh any offence punishable under
the laws Of war
The Court adjourned tli Tomorrow