The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-10-17
General Wallace. Ask the witness the

MT. BAKER. IIeH l. VIII toiicoe ~ Wv
side.
Colonel Chapman, Very well, sir; !
will meet you on any occasion or al any
place.
Mr.. Baker. / don't want to meet you
| outside; but you said what was not
! true.
Major General Thomas Mr.. President,
| if this thing is continued, | will offer
resolution to have the counsel expelled.
General Geary. / second that motion.
This cannot be tolerated. If he thus
continues, he must and shall be expelled.
General Wallace to Mr.. Baker. Do
YOU wish to proceed with the witness?
| Your course is becoming intOlerable.
Mr.. Baker. If I have the same privi-
leges the Judge Advocate has
| Gen. Wallace. You have been direct
ed to go on with the examination of
witnesses, otherwise stop il.
Mr.. Baker. ] do not disobey the order
of this Court, or any other court.
The controversy here ceased, and the
examination of the witness resumed.
Witness stated six prisoners were
chosen as committee TO come TO wash
ngton to see about exchange. The wit
ness was here shown II paper, and stated
he thought 1t was a copy of the memo
rial signed by the prisoners to be sent to
! Washington.
Some discussion here arose as to the
memorial being received by the United
States authorities.
| Colonel Chapman said no such paper
| was i'm his possession, nor was he aware
of it being in the War Department.
The Court was cleared for elaboration.
On reopening, General Wallace said
The Court has decided that there is not
sufficient proof to show that the paper
which you seek to introduce has ever
been placed i'm the hands of the govern
ment, OF reached them. In tho next
place, if there is sufficient evidence to
lay the presumption thatit did reach the
government properly, orin any manner,
there is not sufficient proof of the loss of
the original paper as to justify the intro
duction of this supposed copy, In order
not to shut you out, the Court has direct
ed the Judge Advocate to inquire OF the
authorities if such paper has ever been
received.
Witness resumed: Arrived in New
York on his way to Washington will
= the paper. Lieutenant Tracey applied
, to General Dix for Transportation to conn
. to Washington. He was refused. TIN
Sanitary Commission secured transpor
, tation for us. Witness was taken sick
and Lieutenant Tracey came to Wash
ington, having been sent by witness as
chairman of the committee. In day
or two witness received letter from
him. The original letter was out Of his
possession--it was destroyed.
Mr.. Baker said he offered to show 10y
, this witness that the letter was received
r by witness from Lieutenant Tracey, ant
f the committee had been refused admis
t sion.
: Colonel Chapman said: The Cour
o should not allow such a SANDER agains
IS President Lincoln, rs to show by thl
G witness, who knew nothing about il
It that the committee had been refused II
II interview by President Lincoln, whe
@ every one knew his goodness of heal
If and his noble qualities.
!; After some further debate the COul
|, decided to sustain the objection.
o Colonel Chapman said he could &c
+ Lieutenant Tracey, ifthe gentlemen dc
|; sired him, in twenty-four hours
r Mr.. Baker said: If the witness cOul
5 be got to-day he would like him; if moi
t he would not ask for an adjournment.
- By the Judge 4 Witness sal
2 the food in the stockade was unfit 70
T. human beings also said the clothin
@ of the prisoners was not sufficient TO
@ human decency; witness wrote that tn
r men were three weeks without medi
@ cine, but that was slight eXaggeration
4 it was about one week he lost his healt
+ and his eyes were affected there; wit
: ness left Andersonville on the 18th G
= August for the purpose of being Elk
t changed nine out of the twenty-on
D were exchanged.
D BIZ the C0urt.---Witness was born II
t Ireland, as far as lie could understand
: witness was taken prisoner at the battl
3 of Rristow Station, from the AID (Mo
e zart) New York regiment.
= Mr.. Baker said ee had letter from
g Captain Ely, of New York, as to Wirz'
{ kindness to him in Richmond, which
Y he ask permission to introduce as evi
1 dence.
: Colonel Chapman said that Captain
t Ely desired him to state publicly that h
Y did not come here to testify in favor o
Wirz. The accused had treated hin
Y kindly, and that was all he could say il
e his favor.
r The President asked if there were an.
r more witnesses to be heard.
o Mr.. Baker called the names of cou
;. pie of witnesses, but received no re
SDOIsc, 81 nO thC Souit ti"s u
e would close the case as to testimony Of
o the part of the defence, as he did no
wish to cause any further delay.
! Colonel Chapman announced that he
o too, would close on behalf Of the Gov
ernment. He wished, however, to max
q statement in this connection, as the n,
n NOR had gone out that the Court had re
e fused the accused certain witnesses h
had asked for-that the subp9nas ha
IS been revoked. He was willing to ADM
if that they would have testified to tn
1t facts as set forth by Mr.. Baker, but
d The President remarked that it wa
e " ell understood that the Court had lie
refused the witnesses. The matter
: however, had already been settled he
d tween the counsel, and it was not neces
sary to say anything further on the sub
4 ject. i.a -,
o Mr.. Baker said, as to personal matters
d he did not claim to have any with tn
Judge advocate, but he would take ad
g vantage of the eolonel's mistakes, an
e that in the very strongest terms.
t The President asked Mr.. Baker hoy
II long time he wanted to prepare hi
argument for the defence.
IS Mr.. Baker stated that it would re
d ouire two weeks at the least, as the re
l: cord was voluminous and he had not
chance to look any of it over.
Colonel Chapman, in reply to ques
IS ton by the President of the Court, sal
If he could be ready in twenty-four hour