The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-19
THE WIl2z TRIAL
Adjournment Of the Court Mar
tial Till Friday.
The PrisOners's Answer 80 the
Charges ON Which He
is AFraigned.
GO. &C. &C,


Judge Advocate General Holt was present
After the reading Of the record Of Saturday. Colonel
CHAPMAN stated that TO prevent any appearance Of pru
dice he had caused to be prepared argument for
the defence, which examined and revised by the
accused and submitted with his approval.
Captain G. ~ Self was recalled and paper shown him
In which he recognized the handwriting of Robert Oud
This paper was endorsed by General wnder and Captain
Turner a
Samuel f. Hunt testified that he found the letter In
private desk Of General Wnders Immediately after the
fail of Richmond.
Mr. BAKER asked leave TO examine the paper.
General WALLACE understood that Mr. Baker had with.
drawn from the case. Ea
Mr. BAKER said that such did not appear upon the
record he had merely submitted the case.
Several members Of the court thought that Mr. Baker
had Withdrawn while others thought that he had rested
the defence without Withdrawing.
Mr.. Baker allowed 10 proceed.
The letter from Robert Ouid addressed TO General
II called for all the military and political prisoners,
ceptng officers and said that the arrangements worked
largely ~ our favor as 1--WE get rid Of set odnserabe
wretches ana get OF the best material ever saw
The argument In behalf Of the accused then read
by one OF the official reporters. sN
Colonel CniPMAN asked for twenty -four hours TO pre-
pare his closing argument for the government He
.acned more than usual Importance to the case, but
thought no would be able 70 get through so that the court
could close It's session on Friday
The court then adjourned until Friday.
ANSWER or wrRz TO THE CHARGES on WHICH HE
IS ARRAIGNED. U
The following the substance Of the plea made by the
prisoner IN his own behalf
The accused he appears to put on record his
TO the charges which he Is arraigncd and to pro-
tect and vindicae his innocence. He there to an
swer for all his official personal acts at Anderson
vile, and II he could convince the court that they had
been void of offence before God and man. he trusted that
he would not be held responsible for the official per-
sonal misdeeds Of Others He would be judged by his
own acts, and fthey had been such to warrant his
conviction any OF the charges let him be visited with
punishment commensurate with the offence He did not
ask for mercy but he demanded justice In anay zng
tho evidence he would endeavor to be simple and
else, and above all things frank and truthful.
There are three distinct parts in which the prosecution
and defence necessarily comprised These
First Had he, charged naciousy, wlfuly and trait
orousy combined conledcraed and conspred with John
H. Wnder and others 10 innrc the health and destroy
the lives OF soldiers In tho military service OF the United
Staesa Second, And was he the person who was Off
caly responsible the privatons suerings the
federal prisoners at Andersonvc? And Third, Had he
committed the crime OF murder or perpetrated all any
Of the atrocities laid to his charger
As to the FIRST he not conscious of particle OF
testimony going to substantate the charge OF conspiracy
or the one hundred and sixty witnesses who have tes
fled one ever heard him utter syllable or do act
indicative OF his knowledge OF the existence OF some
heish plot; was there the least scrap OF paper
OF tho Confederacy to show that such n conspiracy
existed Even IL all the specifications which are
grouped under the charge OF conspiracy were le,
that the suffering the result of conspiracy.
Captain Wiz argues that the government itself did not
believe in the existence OF the conspiracy from the fart
that tho OF Robert r. Lee, James A. seldom Luz
cius Northrop and DR.. Moore who indicted with
the accused when he first arraigned. had been
stricken out II the charge was true now il was true
then and II there guilt anywhere It certainly lay
deep and damnns on the souls Of those who held
high positions than him who a
subordinate officer. He believed that what the
Judge Advocate principally relid upon as
attributed TO him Wrz) that he Of service
the Confederate government than any regiment in the
cant expressions attributed General wnder General
Cobb and Captain w 4 Winder. As 10 the remark
part OF the defence. General winder has gone tho
great judgment seat. Howell Cobb was not al.
lowed to come here and have an opportunity Of
contradictng the testimony referring 20 him
The Judge Advocate thus virtually admitted
what II expected to prove By him. As to W. s Win.
der he was under the jrisdicon OF the United Stat
government Surely he could not be held for
thor rash and imprudent expressions Furthermore, IL
he rs subaltcrn officer simply obeycd the legal orders
of his superors in the discharge ri his Official duties no
could not be held responsible for the motive that dictated
such orders And he ovcrstepped them and violated
the laws OF aud outraged humanity, he should be
tried aud punished according to the measure OF bis Of
fence
He further argued that hts position at Anderson
vile ho should not be held responsible for the crowded
condition OF the stockade the unwhoiesoe food, &C
and adduced the following reasons among Others viz
that he responsible for the selection OF the
location II was located by W. : Wnder In 1853 while
Wirz was yet In Europe; that no did not assume
command until March, 1884; that Colonel Parsons
one OF the principal witnesses for the prosecution
testified that tho stockade was sufficiently large
and properly located for the accommodation thou
sand prisoners that Colonel Prisons testimony fully
oxoneraed Kim (Wirz) from completely In the selection
on tho local on overcrowdny the sockade or failure IA
provide proper shelter Tor the prisoners that Dr. Bates
exoneraed him from all blame account OF the
don Of things IN the hospital; and that his Testimony
Chandler in his report Richmond attached
blame TO wirz for the condition OF affairs Anderson
Vile r4
AS TO the third charge that OF murder he hoped 10 be-
able the that guilty that
the munster he had bsen depicted bat that onthe
contrary, he did what little lay IN his power to diminish
alleviate the mscrs or The prisoners The specinca
accused him Of less than thirteen distinct crimes
OF the grade OK murder, yet In no instance we're the
name, date regiment circumstances stated in the
specifications; and in the whole mass OF the testimony
there are two casos this character that could be
nxed With any detincnoss; and In those two cnses nc
prcparedto make his defence The two referred 10
were the actual real cxsc OF 'Chckainauga' aud the
mythical described by the name OF civilian Stew
art wbs u Is alleged, was shot at the gate near the
guard hoase.
ing corset statement. ON the evening referred
officer wen his lw.rz1 headquarters and said tnerr
r a aaa ~. ~ a. r,s - hs socs
ade, dssmountcd anslrscnt inside, and asked Chicks
manga IN rough WY, What In hell he was dong
tbercs' thckaInauga replied that .hc wanted 10 be
killed. He (wirz) replied that .if that was all Ne
wanted he would have IT," he then drew his pts
to menace Chiekamauga, and the latter became
frightened and went outside the dead line wirz then
orsIcd the guard 10 hrc upon the cripple be again ap
pvosched The dead He He never supposed that Chck-
amaugas friends world allow him again 90 near the
forbidden line wrz then went out Of the stockadc aud
was on his way 10 his quarters when he heard The re-
voft VI u hhshts nuu Wink o"sN ahu
sentry box he found that Chickamauga had beer shot
He shot for violation of rule OF prison dlscip
lne-a rule absolutely necessary nj Andersonytie and
not unusual, for enforced Ia nearly All the
military prisons IN the South. Besides The rnics were
printed and posted In conspicuous places win
regard 10 the other alleged case OF shooting,
II differed from that OF Chicsamauga IN that the
alleged victim, william stewart, had the good fortune
never TO have been the Andersonve stockale. The
man could no, be found on tic books Of the prison. the
HOSPITAL record or the death register Captain wirz
argues that az this testimony came troraa man named
Gray, who had prcvaricaicd over much his statement
was not entitled 10 the least cedencc He argues IN
gnilar manner a. 10 the evidence OF Alcoke, who es
ned 10 having been robbed AVID to Wrz ordering 10
be bsyoneted on the a their removal Tor ex
change Captain wx siduecs the Testimony Of Colonel
Fanrdar 70 show tbst he hsi nothing W do with the
The Allegation that frlouchs we're granted 10 soldiers
for shoonr prisoners 10 pronounoed absurd camp
ys por n ienics hat the prisoners wer deprived