Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-08-24
Captain WertZ again ArraIgued for
Trial = His Counsel Withdr raw

Judge Hughes, Counsel for for prisoner, said the
prisoner should be brought into Court De
would submit a motion.
Maj Gen. VI allace remarked that time enough
will be given for that purpose
Judge Hughes-I will present il at the sarli
! est moment.
The prisoner wss at tins stage of proceedings
brought into Court in custody OF 4 military
guard.
Judge Advocate Chapman called the roll OF
members all Of whom answered 10 their names
He then read an order from the War Depart
ment. dated the 22d of August, substance OF
which was, "thet the Military ommission which
was to convene on the Goth ia, by order OF toe
President Of the United States. dissolved" and
then reeG other order. dated Yesterday, con
vening Special Convention to assemble TO day
at IL O'Clock. for the trial of Henry Wertz and
such other prisoners may be brought before
it Detail Of officers the same that of previ-
Gus commission.
| Major A Hosler has on application of Col
Chapman TO the proper authority, been appointed
Assistant Judge Advocate
Judge Advocate Chapman asked the prisoner
whether he mad Any objections TO the members
Of the Court
/ Mr. Peck, OF the counsel, said there was none,
| personally. to the members
Tho Judge Advocate and the official repor
tiers we're then sworn. promising. in addition
to an impartial performance OF their duty, that
they would not improperly disclose the secret
proceedings and sentence of the Court
| Judge Advocate Chapman addressed the pris-
ouer: You are charged under the name of
Henry Wertz is that your nanei''
The prisoner said 1t was.
The Judge Advocate said: THE charges and
specifications will now be resd"
Major General Wallace, the President of the
Court. said: Let the prisoner stand 2p."
Captain Wertz to his feet, when the
charges and specifications we're read. They are
substantially the same Is those upon which he
was arraignet on Monday.
He is first charged with maliciously, wilfully
and traitorousy aiding the then existing armed
rebellion against The United States, and of. on
OF before the ] st day OF March, 1864, and on d.
vers other days between that day and the lc.h
day OF April 1865, combining, confederating
and conspirng. together with John II Wiuder
james White, U. Winder, r X Stevenson,
and others unknown. to injure the health and
destroy the lives of soldiers in the military ser
vice of the United States then held aud be-
ing prisoners of war within the lines of the So
called Confederate States, and in the military
prisons thereof, to the enc that the armies of the
United States might be weakened and impaired
in violation of the laws and customs of war The
above differs from the former charge in this that
the names of Gen, r. u Lee James A. Seldom
and Lucas d. Northrup are omitted
! The other charge is that of murder by heart
! less. brutal and cruel treatment
! The specifications are fourteen in number
! Judge Advocate Chapman asked the prisoner
what suswer he had 10 make The prisoner gave
1 no.
Judge Hughes, Of counsel said these new
charges and specifications or the fact that an
amendment or change had been made in those
/ before presented, reached him for the first time.
The counsel had received an official note from
! the Judge Advocate which he would read. sc-
companied by copy, he supposed. of these
charges This note was received at & o'clock,
or little sooner, this morning addressed to the
firm OF which he was member, viz: Hughes,
Denny Peck. dated 23d August. 1865.
The note from J Judge Advocate Chapman was
/ in substance follows
81 enclose a copy of the charges and speci6ca-
tons. with such changes may be pre-
sented 10 morrow Ii is proper now 10 say what
could not be made known sooner. the Court will
assemble to morrow, at ii o'clock in the Court
of Claims Room, and | viii proceed, without
| further delay, with the case. Objections made
| by YOU will il part be removed by the orders OF
| to- morrow. There remains but two points
raised by you TO be removed: First, of the jurs
dction of the Court; second. to the i'm N mites
claimed under the srran gement with Captain
Noyes, and the capitulation concluded betw cen
I Johnston and Sherman These, hope will be
] disposed o! to morrow, or as soon AZ We get into
/ the evidence
Judge Hughes said the note was not dated
yesterday. but to day, This being the 23d
jude Advocate Chapman said the note was
written on Tuesday,, but wrongly dated in the
hurry
Judge Hughes remarked that he saw in a
morning paper only that the Court was to NEE,
to-day, and it was merely by accident that he
came here; the authorities were ample; the prs
ouer should have time to plead and prepare for
defense. and to consult bis counsel; and in the
prisoners behalf he asked the Commission te
| give him sufficient time; The prisoner without
any fault of his. would now be under the neees
sty OF employing a new counsel, as Judge
Hughes was inclined TO think that be had rem
desed all the professional service required by hi.
client; it was unnecessary FOX him to give III,
reasons for Withdrawing from The case, but ,hii
ought not 10 prevent the Court from determining
the question of giving further time.
Judge Advocate Chapman did not object e
ao,s being read He placed the amendments o
| the charges in the hands OF the counsel IS sooI
as possible The note was written at dars anC
ssns by an Old and faithful orderly. and deliy
erec az the room which he supposed the gentle
men occupied during the day but they were on
a. the time He had nothing TO say against
proper adjournment 20 enable the prisoner &
prepare for defense. he should certainly par
from the gentlemen with regret, yet he did no
feel that either himself or the Court ought to b.
ntimidGted by the threats of the counsel II Their
we're any hard words he supposed tie Cour
would proceed properly and legally Re pro
posed 10 cGrssil no rights or cut of any priv
ileces to which the counsel are entitled he lef
the question OF postponement to the Court.
Judge Hughes remarked that this was ns-
Court just brOugh, into being The Court vii
not subject The prisonr TO the disadvantage o
the Reorganization OF the Court aud denv tn
benefits which might result from Is This Cour
knew nothing farther OF the former charge
he sSii anyshing to ntimids,e the Court a. IN
timsted by the Judge Advocate, he was no
aware OF Il, Even Il he bad been disposed, b
would have had sdDonition 10 the counienance
OF the officers composing the Court aud the pas
conduct Of these gentlemen. 1t would De lsoO
lost. They hSd been in the smoke OF battle Per
hsps he would make similar remark 20 bi
trend Chapman. II he was the latter ha
been IN Oat,le. but he had not heard OF il
Mr Peck, one OF the counsel. suggested TO th
Court that the recent acuo, would bring sp a
sntirely new class o, ceieuse and would necessa
rily take up more time
! Judge Hughes here took up bis ha, and plzc