, 1865-01-14

Charles Walsh, being duly eworn, deposes aud
suys that be Is The sad defendant ana at he has
Is hetr trac IL Ia 1n5s,anes M end IN h hfaet ~ ~ 'N
. Sworn aud .ahscribctl In my presence thla 18th
[signed1 II. L. BURNETT.
Judge Advocate.
The exception ! alluded 10 was the plea Of
the prisoner Travis, which was as follows: .
9. $. MILITARY GoAA1ss1oX, |
C1Sc1EesA1I, Ohio, January 18th, 1895.
Ue Untftd s!attt e. Charles 7rasis Danttl:
Of Plea says: That he is soldier Of the army Of
the Confederate States, 50 called: aud as such
= private IN company c, 14th regiment Kentucky
cavalry in said army, aud wlis acting In that ca
racisy, under the command Of Bsicadier General
JOHN Morgan, was captured in the Siato OF oalo on
thc 18Th day q July isss and was q he prisoner
tie same year, when he escaped from camp Dong
In: in near the city Of chtcaGo. In tho Stato Of
Illinois. and afterwards. on ;he !!h Of November.
1sGi. defendant Captured by tile military forces
unl has Einee been held BY them.
Wherefore the 1efsn1ant claims the rights OF q
prisoner Of var, and insists ha1 h sash be is NOT
the varions charges and specifications exhibited
against him herein.
{signed) CHARLES TRAVIS DANIEL.
The abo:c named defendant, Charles Travis
Daniel, makes oath aud tays'th1t the facts got
firth in the FORGING plea arc true as he verify he
Heres.
{SigncG) CHARLES TRAVIS DANIEL,
Sworn 10 and subscribed to before me this 12th
(siguvd) Il. /. BURNETT.
Judge Advocate, &c,
haze stated, Is in no material point, each pre-
ecnting the same reasons to effect the general
end. The plea Of Gtcn:cll Is IN every particu-
lar Identical to that Of Walsh, will the sinl-
gle exception that instead Of Ginning to be
a., subJtc: Of Illinois be at!lrms that he is @
subject Of her Britannia Atnj'sty. Anderson
also claims thet he Is q resident OF Kentucky,
and Masmadukc similarly atishs that Mis-
souri, is his place Of residence.
At the conclusion Of the reading OF tue
rleae, 1h.; Judge Advocate, in 9 brief address
to the Court, took exception to the accept
ancc Of tl,e pleas as written. Ue urged that
there existed snrplusase Of facts in their
construction, which was not only uuneces-
sary, III. was just cause for theis rejection.
\ plea to jurisdiction must conflne itself to
the roint and not bring in extr,neons facts,
especially statements which directly coutra-
dicted the charges and specifications he had
made agoinst the prisoners. The pleas Of
2nlsh, Grenfell, Morris and others stated
fiat no compulsory ptwer existed with the
Court to pTocnrt. tue required witnesses for
the defense That was not q question Of ju-
risdicticn, hut question Of fact, which he
would combat and contradict. The articles
Of war vested in the Judge Advocate ola court
martial nli the powers to issue y,lbp;e7.ds for
witnesses which is possessed BY 4 United States
Ccnrt. Then ngain the PLEAS Of Walsh, Gren-
fell, May1naduke, Semmcs, Cantrili, Ander-
son and 0thcrs stated that the otftnse charged
10 have been committed, had not occurred
within the lines Of q military camp nor with.
rations Of any army In the field. That point,
besides helng question of fact which wonld
be combated, was d direct contradiction to
the Specifications Of t1e charges, and the
charecs could not beimpcachcd In d plea as
to the Jurisdiction Of the Court. Anderson
in his plea stated that he. was resident of
kentucky, which wns unnecessary, while the
p1cn Of Daniels contained much e1traneous
matter. It was not pertinent to the case to
bring In the details Of his escape and capture;
suffice it to soy that he claimed to be a pris-
oner of VAR, when Ills plea might receive ut.
t1ntion.
The point was contested with much abili-
IT,; the counsel for the defense holdine that
exsrancous facts were necessary to oust the
jurisdiction Of the court, as 1t was not 5uffi-
cient to simply deny the right Of trial. but
facts were required to substantiatc the claim.
tue actual Jurisdiction Of couri-mar1Tai over
citizens. The ground held with great ability
BY the Judge Advocate was, that though i
military commission was not u court for the
t;1n of tbe Articles oc War n was cn,n,'a.
lent court. Il has its' cvfstrncs haaad
On t1.c laws n n,t;ons nn5 71a
laws Of The connsc1s nf VA VIM, -
nation WIS in war, and the civil powers be-
property uf tie citizens. tht court martial
.tvrnci In for The security of thc 1,cnn,o
The present otyense wns nnf 1itera1ir statn.
tory t.fIr1s:. hut Wis rather n cnndi,:on nf r,r.
cu,nstunccs CONSISTING Of sarrral atatntorr
oilcnscs. Arson, robbery. and perhnns M Inuf-
a crime far which M sto1r1o had 800 h"e,,