, 1865-02-19
OUR CINCINNAT1 LETTER,



3Ae Military Commission engaged in tho
trial Of the Chicago conspi1ators assembled
In tho rotunda Of tho Court House, pursuant
TO adjournment. All the metnbers Of the
Court wore present, also the Judge Advocate.
The Assistant counsel for the Government, tie
accused, and their counsel.
Tho record OF yesteFday'a session was read,
md. on motion, approved.
The Judge Advocate said he would present
as evidence the doeumcnt be had alluded TO
as having been found in the yalisc Of Colonel
Ben. Anderson, and With that paper and thc
deposition Of Captain Mahou, would rest The
case Of the prosecution, The dcDoa!t}t,n I,f
Captain Mahon Is as follows:
MCLEAN BAnnAoKs, Fob. 1s
pepdea t ys Gey On hontor het ;he
benlamlo n. Anderson4 . priauner under nv care'
and taken hy me from hts yallsc on or about - thss
ars. arst aay y q Janaa5y 16i and forwarded BY my
napa!ng 1sgst;s u department, Cincinnati, Ohio ~
toigaea Wi1L1AM MAuon,
e1R4,n a5,3 Gosn Iowa 1utantty, Commanding Mclean
lhe document alluded to appeared to b. \
msmW anduM OF expcuses-c chiety travelling
expenses incurred tn sulrthern Illinois. Que
exceptional item is whisky for eurrillas
- Judge T. NJ. Kev, on behalf O, t,,e n,,,o,..
r. T. scmmcs of yonr city, wished as tbe
prosecution had concluded, TO submit the
case OF his client to the Judgment Of thc
court, Without argument or witnesses. Or
else, II the Judge Advocate objected to that
course OF action, hr should make motion to
osefrule the evidence, and ask that the
charges aud Specifications against Mr.
Semmca be set aside.
Ihe Judge Advocate suggested that the
counsel determine which course he will pur-
sne. 50 that the court can have some
lining definite to act upon. Lei n direct pro-
Wdnid be considered.
Judge BroahtAd. counsel for the prisoner
Vincent Matmadukc, would offer no tcstin1o.
ny or ARGUMENT on behalf Of his client. but
asked the Court to proceed to the finding
against 5iarmaduke at once. 1t WIS prac.
ticc-nnne better recognized In civil courts
tnat when number Of prisoners were Jointly
charged, say With o riot, or trcspass, Or con-
spiracy, OF the conclusion Of the case Of the
prosecution, any one Of the accused might
ask immediate trial, md the jury would be
instructed to consider his ease sepasatcly, be-
io!e me commencement of the defense OF his
Go'defendauts. He, the speaker, Presumed
thai military tribunals arc in . scna, govern
ID hy the precedence OF civil courts. md.
therefore, wcrld make a similar motion to
1hc ne he had cited
Judge Key eaid that as the Judge Advocate
ohjec;.d to the two.fod aspect Of his applica-
ton, he would withdraw. the lattcr part and
ca1se his request to be the same as that of
ms colleague-lhe counsel for a1r. Marina
duke.
The Judge Advocate understood the coun-
SCI TO ask ior immediate trial, without sub
not object TO the propositions because he did
not consider they injured the cause Of the
Government &c would suggcxt, however.
to theconnsel that they would not probably
gain anything BY such action, inasmuch as
The finding Of the Court would not be knowu
FtH IN &1.n1 1,r,1,1 "a
mulsntcd in general orders from headquarters,
and, in oil probability would not be Issued
before the findings Of the Commission in
the other cascs
Judge Brodhead explained that they did
not wish 70 know the findings Of the Court,
in the cases, so that they would be spared tllc
trouble OF sunmoning witnesses or further
walk ching the case, when they did not CON
slider the evidence of the prosecution TO he
sufficient to warrant them in making any de-
(ensc.
The Court then retired for dclibcration and
was absent ior two hours and five minutes.
On returning, thu Judge Advocate announced
that thu Commission had come to a decision,
which would BE- duly promulgated from head.
quarters.
Ma. Aeay said that as tho case for the
Government had now concluded, he should
ask The Commission to adjourn for some daye
in oder to enable the deftuse to arrange
their campaign. They had been so,newl,at
%,s.Iy %%eA'y VITA the long Sessions Of tue Court
jact, combined with the promise Voluntarily
given BY the Judge Advocate at the COM
menccmcnt Of the trials, that they should
havc all the time they required to prepare
their defense. had caused them to make no
preparations, so that the work is all before
persecution they would not have been able TO
arrange their plan Of nction until the Govern
ment had rested, Tor not knowing The wit
nesses who we,c to appear On the testimony
produced against them, until its .ccention bJ
the Court, they did Tot until the conclusion
Of the evidence know what Witnesses to sum-
mon. He asked the Court to adjourn I'M
til Monday, February 9Th, which consid-
ering tie intervening Sabbaths and the time
they wc1Md be occupied In travelling, would
only give thcm eight working days. The
Judge Advocate IN the prcparation Of his case
affair hud been thoroughly sifted by the au-
thorl'ies IN Chicago. aud he thought that his
application was certainly reasonable one,
They had bccn brought far out Of tbs city and
State where the crime is alleged to have been
eelnm'ttcd, and from where they must pro-
cure the mass Of tl,tir testimony. though Two
or three eeWi.nesses would be required from ,hc
intctior Of Missouri Another reason why he
a.scd tor tue adiou,nmt at WIS tho absence OF
d,,ad big colieaGpe ta ,,n,Ss Wilson tsno haa haen
aged muthsr, and was at present in tic inte-
tlor Of the Statc Of New York, twcnty miles
from any telegraph station, SO it would probu-
wv takc two or thrcc days to bring him to
Chicago.
judge Barley, on behalf Of his clients. asked
for an aditurnment Of twoweeks and thought
that such an aajou1nuaent would facilitate the
casc i'll tic cnt, as THEY would be Willing to
work four or five hours day cycry t,ay III tho
week; after they Ind once commenced. Hc
considered shorter adjoutument would he
prejndctal to 1hc defense, and by askIng fer
two weeks. lie was enly acting on thcs sug-
sestion Of the Judge Advocate at the conf
nsenccnient OF the trial. In conclusion, Mr..
BARLEY urged that the court adjourn until
Wednesday, Fcbfuary2o.h.
The Judge Advocate desired that the nc
cused should have q reasonable and just time
in which to prepare their defense, bit wished
Ut the Same time to draw the distinction be-
tween 1ihcrality to the prisoners, aud injusl-
ice to the government. Tic trials haYe a.
ready occupied long time, and the press Of
the country, all the press, and especially that
dcrotCd to the opposition Of the adminlstra-
long, tedious l.ngtGs dragged aions t By
military tribunals. Still Ac did not wish to
hurry or Inconvenience the dcfrnse, and yns
willing to give them all necessary time, Tho
law says that ''aflcr the conclusion OF tie
case ca; o. the prosecution, the accused shall be
AA't"NA - Nay VI thu Ill WHICH 70 DfEDHrE
their defense" and he thought thet 4 week.
certainly NO longer than week, was annie
time to allow them for that preparation.
They could bring any witnesses they required
tIt'm any patt OF the country In far less illan
that Lime. Aiready he has issued eight Or
side. Il had been said that he had occupied
long time IN tue preparation Of the case for
The Government; but the statement p7,s In.
correct. He had spent couple Of days in
Chicago IN hcariug u large number oi Wit
nssses and III examining documentary cy1-
all further delay was occasioncd not at Its
request, but by the direction Of the Vur De.
partment, who wished to prepare for
one or two contingencies, which might
3Sise WSen during the progress Of the trials.
Chicago, he was ready for trial. So to say
that tue Government has had undue aaynr1-
tagc Is erroneous. He had gone into the lubr.
rsnths OF the investigation alnost blfndlT:
he knew none Of the accused, and uone OF the
peared Defore him In previous trials. On the
other hand. the accused know nil the Facts
they wish tu slDstantiate, aud also the vii.
nesscs they require to adducc those facts; SO
that. with readiness each prisoner can com.
municete al necessary information to Ills
Counsel: Co; Ma]or Burnett, IN eonclus on, asked
must remember In their deliberations that
their actions wore jealousy noticed by their
supertora, and must not allow 1fbcralitr 10
exceed Justice to themselves and the Govern
mcnt.
Colonel Dehart understood The gentleman
= Judge Advocate to say that the action OF
tue Commission WIS enacted by the nutbori-
Ties. AS member Of the Court he was only
responsible to his God and to his copsclenci
and not to any other power or authority m
Garth. nehad sworn to do his duty and should
uoit"lthout fear OR favor. Did he understand
nc ne gentleman n to imply that any power had