New-York daily tribune., 1865-10-16

this supposed COPY In order that counsel may not
lose any benefit tfe Court has directed the Judge
Advocate 10 apply 10 the proper officers OF the GOVern
ment 10 ascertain whether such paper bad ever come
into their hands in order that OF any t'e uuis "o
trial that paper may be lntrObhceu -, - - A.. 49,,
/ Mr. Bater remarked that he would go on 10 show
thar The Government had notice of such petition
and that the delegation were here three DAYS knock
ing at the doors OF the President and could not OBTAIN
Tie witness testified that on arriving at New York
with Mr. Tracey one Of the delegates, they applied to
Maicr.Gen Dix for transportation to washington pnt
were refused.
1of The latter received letter from Mr. Tracey, dated
Washington i'll subst nce that the delegates were mere
waiting the authorities, making known their busi'
ness but refused permission 10 confer WIN tDe
npOn the subject He meant by the authorities the
President or Secretary OF War or both: Col Chip'
man replied the witness did not como 10 Wdsniheon'
buf the proposition was that one came hithcr
The PROPOSITION was 10 be proyed in an unheard OF
wnv He could scarcely believe that man OF the
fame and heart anu Io sn,boJy on sub
ect of that kind and the Court must not allow sian.
der of that nature 10 be repeated against so great aud
good man as the late President Lincoln. Nhile DC
dd NOT wish 10 exclude any fact he hoped the Court
would require the counsel 10 Prove il The legal way
Mr. Baker replied the remarks of the gentleman did
not refer 10 his otter. The stump speech about Presf
dent Lincoln was Ou- OF the iue of this proposition
The Judge dvocnte had no more reverence ior thet
great man than he had. He, therefore. "oud be the
last man TO reflect upon President Lincoln, OF ony one
ee. hut lis duty was 10 show his client was not guilty
f Tho cnonitos CHARGED against him. aud il he showed
that Capt Wirl and Others were ryngto get prisoners
released in order hat they might return to then iends
then he did away with the charge OF nteon 9 NFohs
or cruelty against them lie would seek To follow tns
up 10 show that proposition was made ~ send l'VOJI
prisoners from Audl sOnYlc withOui asking Az eqnVa
lent crelt WAS the anxiety 10 get ria % the prisoners
and tha. this was refused His intoId1on by tds was
to do avay with the charges of conspiracy when, IN
fact effort made 10 have the prisoners released
| Col Chipman sad Mr. BakeT ought 10 have asked
lsuhpena for Mr.. Tracy
The conrt asked whether his whe-eahOut was known.
Col Chpman replied he could be sent lor in q hours
MI Baker then asked that he be produced, and that
Col. Oud might be also
Mr. Baker replied that he had said he would not
delay the trial but when he was turned upon he asked
Tor additional testimony 10 clear bis client.
Col. Chipman sud the only practical point was that
Windcr and Wirz made efforts leading to tie coming
81 mission to Washington. What the mission did
had nothing TO do with the ease or whether the G0'
efnment VI right wrong. If this course was pur
sued, another month would be consumed TO show
whether the Government was ~ blame OF the man en-
uIa II Tracy bad been asked for be would have been
isUhpeaaed; but nOw toward the close of the tr!a,
they asked i'll boistervus manner 10 Try points
which seemed to have been especially reserved
Major-Gen. Thomas remarked, counsel knew our
GOsernmcnt would not exchange prisoners while The
Rebel Government refused to recognize colored PRISON
crs as soldiers, and murdered them.
Mr.. Baker said he wanted TO show that Winder and
Wirz were not guilty If conspiracy.
The Court sustained Col. CEipmin's objection
ngs and sentence Of the courtmartia which ried the
" raiders" and which were approved by Gen. Wipdp.
was either lost or destroyed This record would
move much OF the blame which had been cast ON
these officers ana was aiioGether favorable TO the de-
Tense.
Col Chipman objected .pyng that tho trial va ir-
res uarly conducted IN Tho midst ~ mob and np'
proved by Gen. Miuder IN direct violation o ire h"s
OF war, The PROPOSE Jon Was 90 Introduce an n.alued
copy OF tic record ctACr iUr inders defense "f W
allow vague testimony TO be used to eAcuipa'e ms
prisoner
Tie objection of Col. Chirman was sustained by She
Court.
RqAcr said that in his prcvous remarks he alluded 90
Major Boyle and no. Major BOwles.
Col. Chipman ssid the Golcrnment here resled us
claim i'm tie prosecution Of the prisoner He wished to
make statement IN behalf Of himself ana associates
naely they proposed to let The counsel for the prs
Oner make out affidavit ~ "a what they could nave
mo, ed hy those whom they wished 20 Oe subpeu'bd
The Court - coursc, could judge oi lis pfopHep :"
relevancy. -. ,.
These remarks were understood TO reicr to "ers.
Lee. Johnston Cobb and otheIs.
Tue court said ~ had never refused or decided 10
any manner that those witnesses should LOT Do DIouB
Col. Chjpman remarked that Mr.. Baker had said on
tie whole that he would not ass that those parties be
subpenaod. ,,-.,. G.
fan a. there Ind been anything Of personal nature he
would not here ontsiac. ever reIer 10 II lAe dadge
hLyooate had. personally, treated MN WIN hlhun'-
although lie had treated the case oil the ueeIp"Hi
roughly ,r,,
The Court said both sides now rested lhc tNc pr
mifted counsel fir defense c sun up in behalf oi me
prisorer 10 be replied 10 by The Judge Advocate both
~ be in writing Tho only tlng which renamed To nc
done Was 10 tie lime ior the heallng ol Tie argu-
ments
| Mr. Baker said he must ask for two weeks time TO
prepare his argument. He had not got single thns
laid ont ior II yet. ~
! Col Cbpman, in reply 10 o question by the Court,
saie he would want oay - hours amer the IeadihS oi
the c0unsel's argument.
The Cont after beisg cleared for deberltion' IN
formed Mr. Bsser that tney had decided TO give MN
until Le1t Tuesday week
Mr. Baker sid 1t was impossible for him 70 prepare
10 "a short g ime.
4 The Court said they could not extend the time.
| Dir. Baker replied then he must submit lie asked
the COurt 90 review its decision: when the room was
again cleared and after dobcgaiiOn the Court informed
Nh Baker that they would give him J. days, until
the 2U,h inlt
Mr Eaker was not satisfied; Lie wanted two weeks;
be could nos accept that time
! (pl Clpman on being asked what time he wanted.
said until next Wednesday il Tie counsel would not
argue % all he would oBdesYOr 10 cover all the points
/ IN the ease. 80
The COi.rt then adjourned till next Wednesday.
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virginia.