, 1865-03-04
DUB CINCINNATI LETTER.
The Great Chicsgo Conspiracy Case.

(From Our Own Correspondent
lcrsc1ENA11, Feb. 2stb, 1865.
Tic Military Commission now In session in thl
city, engaged in the trial Of the Chicago consprs
tors, assembled this morning in the rotunus {
the Court House pursuant to adjournment Al
the members Of the Commtsslon wore present
also the Judge Advocate, the Associate Govern
nent Counsel, the aecnsed Walsh and Morrfs an
their counsel.
The record OF the previous session OF the Coul
was read and approved.
Tho Judge Advocate renewed his motion tha
the Court Pass to the 1ndInes and sentence OF ii
escaped prisoner charles ,Tt.vfs Daniels.
Mt. Asay on behalf Of Morris, Walsh. and als
OF Grenfeli. protested against any scuon beini
taken BY the Court II the matter at the presen
stage Of the trial.
Judge 7. u. Key. On behalf Of Dsnlels, respect
ia3'J aeked with the courtesy Of the Court, tba
The motion Of theJudgc Advocate to pass finally
upon the case Of his client be not granted. Tht
Constitution Of the United States and tho organit
laws Of every State expressly provides and secures
t1el. It woa admitted that misconduct On the par
Of the accused, against the good order OF the
Court, and his voluntary absence from Court, may
e st o
Of counsel or testimony: The counsel cited the
tasc Of File rersus the United states IN the OHIO
reports, as proof OF the accuracy Of his posi-.
military tribunals were unknown in the United
States, and eYcn now, In the loyal and peacef1l
States, such tribunals hold but IN anonymous no
tribunals. ihey cannot follow strictly The common
rules Of civil law courts, that analogy Ia all
that can be asked. Remembering thia fact and
the enormous power Possessed BY the Government
o. prosecutor, in comparison to the limited means
Of individual defense the court should hear every.
thing for the sccnsed. IS they have heard every.
thing against BIN. The Counsel f9r. ehe Govern
anapolie, in support Of the position be has
assumed bnt the cases were not at all analogous,
for Dodd's council did not enter the protest. the
The accused without deiausa aud n his abssncs. 3.
The counsel In conclusion urged that as the court
had refused the accused separate trial, and had
tr!ed him with bus eo-4eiendants. It would not be
sent time as It might tend to prejudge other casea
The Judge Advocate said he had prepared lew
points 70 present to the court, bnt they would
the caac, than be a reply TO the argument Of the
counsel for the DEF. .nse. The evidenes Of he
proeecution having been adduced in fall, made
privilege Of tie accased to Introduce my testimo.
ny which would tend TO palilate the evidence
against him. To do this he ii allowed tho advlce
q counsel. who. however; IN military court, arc
Representatives. Az the accused 0dst at the com-
meneement of thc trial, personally Plead :gutlty"
q f%a not the saszgss asns,
ton, he must be in person to say whether he has
any defense to uer or not.' II he docs moi do Raj
It remains with the Court to proceed at once with
n,s e hey n6k S
he a.one,i IL auswcrEblc for the merits and demex.
It's OF the case. for there II no auch thing as proxy
in guilt, The counsel cannot repfesent the p.is.
gards punishment lie is only the light to guide
his client and cannot take up cansn lte principal
has abandoned- The Speaker supported this por,
senicats il aoR9k eu ita4y 1s iasp1n spe
dence, which further stated that the ndyten ot
council only be rendered to the accused In the
ae g q ss he %o
u to hand them to the Judge Advocate to read to
the witness; Benet on ne same subject rules that
the soanss eny advise the 1 ,h
to make speeches, as his presence is only to1er-
atcd in Court as the friend Of h,s client II con
9'or % r.
simply courtesy conceded By the Court snd
Government and is not q right which
they CHI demand. When such llmit.d power
military code, even when that counsel Ia by the
side OF lis elent in court, how can his power fn-
creaee 20 wonderfully With the abaence OF the
erease in the inverse ratio 10 the distance between
the counsel attempt he defense. when every s.ep
be bus acknowledged ii. guilt; acknowledged
that he has no defense to offer to the charges
against him. but that he scouts the power Of the
cess to sislt LIN viii panshnent, ii % LII liz paD tse
counsel Tor the accused cuntsuted themselves with
the assertion that they were G.leved and sur
prised q the diseraeefnl escape Q! thelr Client 1t
would be more fitting than their persistent At.
tempts TO- reconcile big dlght with Innocence and
purity Of purpose. The counsel had cited the
case of Fns r' he United States, In the Ohio Be-.
Case Supported hi. poson. Fis escaped s ds dutns @
his hlal, having been released On bait, when pur-
anant to instructions she Jury proceeded to decide
s ard Teturasd 1asSt ,ssast Of g
for new ts7al, On the ground that Only part Of
the testimony VAS IN, b1t hts motion was oYe1-
ruled: He then moved for IN arrest Of Judgment
On substantially The same grounds: The ease vas
then ts6en to The Supreme Court, where Judge
Wood, the other. Judges concur1jng decided
aEainst hun: Aajor Burnett also cited tie cass
ports iurther proofof the accuracy OF bis posl.
lthaa been urged that The action by the Court
before TIE conclusion Of the trial, would preju.
other defendants, but the Tery counsel who make
That objection are the ones who q day or 10 ago
mored tbs Court to proceed tmmediately to their
The Court saw no difficulty attending their acton
then, md there can be none now. Ia conclusion
he must ak The Commission to proceed to de1lh.
make their finding upon the Issues involved, and
The sentence upon those findings, There was no
injustice 10 The defendant; 1t contsavened no rule
81 law hut W. on ths CONTRARY in full accord
Tie Court rrtlred for deubesaf1on, and resolved
after short absence, to proceed to the findings OF
Judge KcJ asked until tomorrow morning to
prepare few remarks In defense Of hts i.te c1eut
Col Murray did not know that. counsel had anT-
Il ming to do With he csse; The prisouer wtt mol
The Judge Advocate said that counsel knew that
be had no right to SPEAK but had asked - be al
loved to do 80 By the courtesy Of the Court.
The sat)-et was then postponed nntll to.nor~
The examination OF Alderman CouIsty WAS
then continued Is follows. bJ Nj Asay:
wash slnee tbe 6rfst}ns eut Of ths i 1sSsIl,on ns
them 10 he fcld. III. Walsh. III. Muliiran a md
p ae x9ia s. Sns "a na. s9ee 9
ready, ii was rejected By he a5veTaor, be. b.
saran he Went safe .o baes .ns ~ had fa
accepted by the GcAcral Government, and I b.
ucVe Mr. Wash contributed most 10 the support
or the regiment from the tfme it was rejected BY
Government Nj. Charles Walsh also took very
active part tn ralslng The yoth Regiment known
as the Irish Legion Of fnther Dunne's Regiment
Sana lie oes11 e sb to ne
his house, and showing ,hem Ill Kinds Of 1aYoss.
l saw him 1t the camp, which was reEy nelr his
house, cons tantlJ lsbo1ng among the men and
Regiments vere being organized, and While The
0oth Vas waiting for It's acceptance by the Govern
nent, Ar. Walsh's house w19 the chief placs Of
Iendezvo1a for the officers and men for fayors and
the koc.nittet Of life. never hHard Of Walsh
being Brigadier General Of the Sons OF Liberty,
till 1saw 1t mentioned in the papers after his ze-
rest Prior to inst hla repnta'lon as loyal citi.
zen, desiring and working for the suppression Of
the rebellion, was good.
CROSS xxAx1sAr1os.
BY the Judge 4dr0eate-l do not know that
ever belonged to the Order OF tie Sons of Liberty.
! bel ei7ngeu to secret organization in Chicago,
in June or Jnly Ct ls63 but / couid not til bY
whom, Eor do know who belonged to 1t, except
III. Walsh, Mr- y. Cau1aeld aId NJ: Patteu. /
met in The 1nvincib1c Club room. The Obligation
took cntotped upon me to support the Constitr.
ton OF the Un1ted States. Being Catholic,
was bound not to join secret society. but repre-
teut1nons were made 10 nc that might Join.
but when found that thoxe representations were
ta1se Immediately Withdrew. Mr. Walsh Ia
Catholic, 6nt be old not Withdraw from the Soci-
do not remember t1at had any talk With hin
after withdrew. do not know that learnt tle
nstne Of the society till after left 1t, ard then
Mr.. Ae4y objected to this style Of examination.
1t was not fair cross-exnminat!on OF the 1lrect
examination OF The dCfrnBe.
The Judge Advocate eald the witness had stated
that he did not know Walsh to De Brigadler Gen
crn In the reasonable organization III which both
were members, and they had a right to tross-e1-
anime the witness to sec how intimate his con-
nectiop with the Order wnr, for 1t was legitimate
conclusion for the court to draw, 40 to whether he
could be In the eamc secret society as the prisoner
and not know his posiuou. When the defense
proposed to Introduce. H1tneas for ioya!ty, 1t Is
perfectly legitimate to find the status OF the wit
ness's own loyalty, and what waB his estimate Of
loyalty, They must md who this man Is, and
what be Il, who comes forward and swears that
the accused IL loyal man. Let lheu bring for
ward every rebel n arms against his country and
he will swear that hls fellow Tebels are t@ioyai,"
ncco1diug to hls standard Of loyalty, II the de-
fense bring forward truly loyal men to ewear to
the reputation Of Walsh, the Government viii say
nothing, but they must first determine that the
opinion Of the loyalty Of another.
The Court, on consideration, orerruled the OBJ
lection Of hi. AEay.
WIfn<ss contt1ued.-Mr B. Caulfe1d was the
NrHt who fDnSe to nc xhort fnfu3nft thn sns.intY