Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-08-24
TrinI ofCnnf. Wirfz.

WASHINGTON, Aug. 23-The Writ Mill
tary Commission met this morning at IL
o'clock in the Court of Claims Rooms at
the Capitol. Judge Hughes, counsel for the
accused, said that as the prisoner should be
brought into court he would submit i mo-
ton. l.ra ..-' 1'.' Nv '.'
Maj. Gen. Wallace remarked, "Time
enough will be given for that purpose"
Judge Hughes-I will present it at the
earliest moment. r..-.
The prisoner was at this stage of the
proceedings brought into court in custody
of a military guard. Judge Advocate
Chipman called the roll of members, all of
whom answered to their names. He then
read an order from the War Department,
dated the 22d of August, in substance, that
the Military Commission which was to con-
vene on the 20th inst. Is, by order of the
| President of the United States, dissolved;
and then read another order, dated yester-
day, convening a special Commission to as
semble to-day at II o'clock, for the trial of
Henry Wirtz and such other prisoners as
may be brought before it, the detail of ofli-
GERS being the same as that of the previous
| Commission. Mai. A. A. Hosmer has, on
duplication of Col. Chapman to the proper
Authority, been appointed Assistant Judge
| Advocate. -
| Judge Advocate Chapman asked the pris-
oner whether he had any objections to Che
members of the court. g.i
| Mr.. Peck, of counsel, said that there was
none personally to the members.
| The Judge Advocates and the official re-
porters were then sworn, promising, in ad-
diton to an impartial performance of duty,
that they would not improperly disclose
the secret proceedings and sentence of the
| court.
Judge Advocate Chipman, addressing the
prisoner-You are charged under the name
Of Henry Wirtz. Is that your name? The
prisoner said it was.
Judge Advocate Chipman-The charges
and specifications will now be read +.
Maj. Gen. Wallace, the President Of the
| Court-Let the prisoner stand up.
Capt. Wirtz rose to his feet, when the
charges and specifications were read. They
are substantially the same as those upon
which he was arraigned on Monday. He
is first charged with maliciously, willfully
and traitorously, and in aid of the then ex-
isting armed rebellion against the United
States Of America, on or before the first day
of March, 1864, and on divers other days
between that day and the 10th of April,
| 1865, combining, confederating and conspir-
ing together with John III. Winder, Richard
b. Winder, Joseph White, w. S. Winder,
the health and destroy the lives of soldiers,
in the military service of the United States,
then held and being prisoners of war within
| the lines of the so-called Confederate States,
and in the military prisons thereof, to the
end that the armies of the United States
might be weakened and impaired, in viola
ton of the laws and customs of war. r..
| Judge Hughes, of counsel, said that these
new charges and specifications, or the fact
that any amendment or change had been
made in those heretofore presented, reach
ed him now for the first time. ,rhecounsel
had received an official note this morniug
from the Judge Advocate, which he would
read, accompanied by copy, as he suppos-
ed, of these charges. This note was receiv-
ed at eight o'clock, or little sooner, this
| morning, addressed to thu firm of which he
was a member, viz, Hughes, Denny d Peck,
dated August %, 1866. The note from
Judge Advocate Chapman is in substance
! briefly as follows: I,,s ',i. sg. mH .'r.
| 81 enclose copy of the charges and
specifications, with such changes as may be
presented tomorrow. 1t is proper TO say
now, what could not be said sooner, viz:
The court will assemble tomorrow at II
O'clock in the Court of Claims of Room,
and / will proceed without further delay
| with the case. The objections made by you
tomorrow. There remains but two points
raised by you to be settled, first, as to the
| Jurisdiction of the court; and secondly, as
to the immunity of Capt. Wirtz, claimed
| under the arrangement of Capt. Noyes and
the capitulation as concluded between
johnson and Sherman. These hope will
be disposed Of tomorrow, or as soon as we
get into the evidence" -, ...-q,
Judge Hughes said the note was not dated.
Yesterday, but to-day, this being the 23d.,
Judge Advocate Chapman said the note
was written yesterday but was wrongly
dated in the hurry. d.,
Judge Hughes remarked that he saw, by
amorning paper only that the court was to
meet to-day, and it was mere accident he
came here. The authorities were ample
that the prisoner should have time to plead
and prepare for defense and to consult
counsel, and on the prisoners behalf he
asked the Commission to give him sufficient
time. The prisoner, without any fault of
his, would now he under the necessity of
employing new counsel, as he (Judge
Hughes) was inclined to think he had rend-
cred all the professional service required by
his obligations. 1t was necessary for him
to give the reasons for Withdrawing from
the case, but this ought not to prevent the
count from determining the question Of
giving further time. MA tAp s3'1,d &allg
Judge Advocate Chapman did not object
to his note being read as an official paper.
He placed the amendment of the charges in
| the hands of the counsel as soon as possible.
The note was written at dark and sent by
an old and faithful orderly, and delivered
at the office which he supposed the gentle
men occupied during the day, but they
must have been out at the time. He had
nothing to say against proper adjourn
| ment to enable the prisoner to prepare for
defence. He should certainly part with the
1 nentlemen with reoret vet he did not feel