The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-22

eo aS ueu as prisoner OF infCtlng upO
him mortal wound with the said musket Of which
he, the said prisoner, thereafter died
SPECIFICATION l0-In this, that the said Henry wirz
omcer In the military service of the socaed Confederate
states OF America, at Andersonvie in the State O
Georgia on or about the Goth day Of August A. D. 1854
caen ana mere Deng commandan Of prison there 10
States for the confinement prisoners or war taken aad
held as such from the armies Of the United States Of
and OF his malice aforehought did order rebel soldier
whose name Is unknown then duty as a sentinel OF
guard 70 the prison OF which said wirz was commandan
as aforesaid, to fire upon soldier belonging the army
OF the United States in his the said H. Wirxs custody
as prisoner OF war, whose name is unknown and in
pursuance or said order aforesaid maciousy and
murderousy given aforesaid, he the said rebel SOL
dier, with muske loaded with gunpowder and bullet,
bs ana nrS rnsre ed % at the said soldier 50 as
wound with the said muske Of which he the said pris-
oncr, soon thereafter died.
oicer in the military service Of the socaed Confederate
States OF America, at Andersonville in the State of
Georgia on or about the 1st day Of July A. d. 1854,
then and there being commandant OF prison there To-
Gated by authority of the said called Confederate States
for the confinement Of prisoners Of taken and held
as such from the armies OF the United States Of America
while acting as said commandant felonously and Of his
malice aforethought did cause incite and urge certain
ferocous and boodthirsy animals called boodhounds
pursue attack wound and tear pieces soldier belong
ing TO the army Of the United States his the said Henry
Wrzs, custody as prisoner Of war; whose name is u-
did then and there with the knowledge encouragement
and nstigation Of him, the said wrz malicously and
murderously given by him. attack and mortaly wound
the said soldier, In consequence Of which said mortal
wound he, the said prisoner, soon thereafter died
Specification i2-In this that the said Henry Wrz an
officer in the military service OF the socaed Confederate
States OF America at Andersonve in the State OF eor
gia on or about the 27th day Of July A. D. 1884, then
ana there being commandant Of prison there located by
the authority OF the said socaed Confederate States for
the confinement OF prisoners Of taken and held as
such from the armies Of the United States of America
malice aofehousS G orSs! rebel sSder Sna %hoss
name is unknown then on duty as sentinel guard TO
the prison OF which said Wrz was coma ant as atore
United saes s he belonging e % .ns
prisoner of war; whose name is WIZ CUSTODY
"rs,oUsv o, saa orde 50 Aforesaid macousy and
did v''- a. aforesaid he, the said rebel sSdieI'
tbes ,.g "1 mdsket loaded with gunpowder ana bullet
nen and there Ore the said soldier, as Aforesaid,
Aeid as prisoner of war nfictng upon him mortal
wound with the said musket Of which said mortal
wound he, sne said prisoner, soon thereafter died,
peffoction ls-In this, that the said Henry Wiys on
oer ia the military service Of the socalled Confederate
tate3 of America, at Andersonville In the State OF
Georgia, about the ri day Of August, A. D. 1884,
shen and there being commandant OF prison there To-
Gated by the authority OF the said socaled Confederate
States, for the confinement Of prisoners of taken
and held such from the armies Of the United states Of
America, while acting said commandant feloniousy
and Of his malice aforchought did make assault upon
in his the said Henry wlrss custody as a prisoner Of
war, whose name Is unknown, and with pistol called
revolver then and there held in the hands Of the said
Wrz did beat and bruise said soldier upon the head
shoulders and breast incting thereby mortal wounds
from which beating and bruisng aforesaid and the NOR
tai wounds caused thereby the said soldier soon there
after died. N. p. CHIPMAN,
Colonel and A. A. D. G., Judge Advocate
Colonel CHIPxAN asked the prsoner-what answer
have you to maker
Judge HUGHES replied that the charges were delivered
TO the prisoner only yesterday afternoon were not
by his counsel-vz: Nessrs. Hughes Denver Peck
and Louis Schode-until this morning He submitted
the question whether reasonable time would not be
given to the prisoner TO prepare for defence not.
What made an extension Of time still important
that three four weeks ago totally different set OF
charges were to those who proposed defend
him. and on which preparations to that end alone had
been made The charges Just read different in sub
stance and FORM and certainly twenty four hours notice
not sudicent to consider them.
Colonel CHrMAS felt 70 hi duty state that the
charges served two three weeks ago embraced pre-
csely the substance but the form these just pre-
ferred The only addition is the charge Of conspiracy,
counsel should be prepared meet them There should
be no unreasonable delay We had subpRnaed o number
Of witnesses from the South and hundred witnesses
for the government were now IN attendance.
Judge HuGHfs replied that the counsel designated no
time. They asked Undue or unnecessary indulgence
but wished to facilitate the business OF the commission.
As to the substance Of the chargcsto which the pr!s
pleads not gultythey were different from those
heretofore prepared One set called upon him TO defend
his life onv bu the other, just read TO this
required only 20 defend his lfe but that of
General Lee and half dozen others.
whom he appeared.
Judge HrGnEs repled-we appear for the prisoner now
trial The Judge Advocate was no doubt aware that
when the proof OF conspiracy is made out, the
prisoner Is ponsibe for the OF all engaged in IT,
Colonel CTpMAN desired the entry to be made that
should be understood whether without authority they
should defend anybody else.
Judge HuGHEs-We only desire TO defend Captain
WirZ We may object TO the form OF the charges, the
first OF which is conspiracy and not only conspiracy
but actual crimes under it The other charge is murder
with thirteen specifications II these specifications of
murder come under the civil law then We propose that
this court cannot take jurisdicon; but II hev como
under military law this court might take Jurisdiction
wish TO submit 10 the court that they lay down
rule by which they to be governed during this trial
This Is order cmana.ing from the President OF the
United States appointing O military commission no, to
try particular case but any that may be brought
before and II does not appear that this case has been
sent here. Tie one statute gives military courts jurs.
dction civilians In cases where persons found
lurking about spies No Jurisdiction In conferred In
OF conspiracy The prisoner is chaged with
tb" % Of the President 70 send such
here We have evidence that the charges emanaed
from any other than the Judge Advocate OF this
court.
Colonel CHpxAN said while not des gning the
fllacy Of Judge Hughes he would merely remark that
the practice has been TO try any case properly coming
prisoners may be brought before the court" All the
books lay down the rule that the Judge Advocate shall
prepare the for adjudication Several cases have
already been decided the present not onc the
is not required TO be formally prepared and sent TO
the court The court Is constituted for the trial OF such
prisoners may be brought before it, and the prisoner
is here TO be tried
The Court with closed doors decided TO overrule the
plea OF the counsel for the accused
Judge HueHss in order he said TO facilitate pro-
ceedngs, filed several pieas:-First, denying the jurs
dcton OF the court 10 try the prisoner having no
authority TO do either BY statute well established
usage Second that this Is brought before by
competent authority Third that the prisoner IS nat-
rallied citizen. and In the land naval
vice OF the United States; now being at peace,
and civil ceased, there is authority TO
punish him The prisoner protests he ought not
therefore TO tried but discharged from custody He
also claims that Just before the time Of his at An.
dersonylc Captain Noycs, duty near that place. ap-
Piled &c him. tor information which he checrfuly COM
municatd TO him, and he accompanied Captain Noycs
TO General Wilson's quarters the former promising him
safe conduct and giving him an that he should
not be arrested The prisoner relied the good faith
of Captain Noycs, but Notwithstanding the above re-
peated assurances the prisoner seized held In
incment and brcrglrt 10 Washington. The prisoner
further protests That he ought 70 be held any longer
FOR the reason forth at length thai he came within
the terms OF tho capituaton between Genaa johnson
aud General Sherman Tire defendant also asks the
TO qussh the several charges and SPECIFICATIONS
lsncause ttcv uneprfoin and