The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-05-09

III WASHINGIONt MAY o nO tIioi va
Benz. G. Harris was resumed to-day al
ii o'clock.
The Court having been called to order
/ the accused read the following paper
which he asked the Court to file:
Mr. President Of the Commissioa:
The undersigned respectfully states 10
i the Commission that he has been advised
l by counsel since the commencement oi
/ the trial, and since he heard the charges
and specifications, that he ought to have
made formal exception Ia the jurisdic-
tion of this tribunal. tn take cognizance
of the charges made against him. and
/ which he has been requIrc'i to answer
here; aud he further suggests that,
| whilst he could hardly hope by any
l views he might be able to present in sup
| port of this exception to induce TINS
| honorable Court to sustain the same, IN
| the teeth of the various decisions in sup
| port of the jurisdiction of similar TIL
| bunals in like cases, and to which decls-
ions, in support of ihe jurisdiction oi
similar tribunals, would naturally ac.
| cord to this the highest and
indeed controlling respect, yet he
| is advised that the suggestion OF
want of jurisdiction made at any time,
| i'm any manner, however Informal, will
| for all ulterior purposes be equally avail
able as if the same had been made by
| formal plea. !.
The undersigned therefore respectful
| ly asks the benefit of the exception
| which he desires to be made parcel OF
the record taken by him to the jnrisdic'
| ton of this tribunal.
The undersigned respectfully further
states that he has been advised and that
he respectfully suggests that neither OF
| the two specifications to the charge
against him shows an offense embraced
within either clause Of the ninth article
of war, nor are such facts alleged as
would or could, if proved, amount to
such offense, OF any such otfense as is
made punishable by or under said arti'
Gle; and that he hoped that he may have
all the benefits of all exceptions to said
specifications, as if he had in effect de-
manded the same, and to each OF them
respectively. -
The undersigned does not ask perlnis-
sion at this stage of the trial to be heard
in support of the exception, but respect.
fully asks that this paper may be read
and made a part of the proceedings OF
the cause, to avail hereafter in such man
ner as justice and right may require.
GSigned BENZ. s. HARRIS.
The Judge Advocate said he had no
objection to the receipt of the paper, and
it was accordingly filed.
Mr.. Crainc. counsel for the defense, de-
murred against the specifications, remark,
ing that no particular house was named
therein in which the accused is charged
with harboring the men. Mr.. Craine,
however, declined pressing the point at
the present time. ;!lt. t-f
The accused now offered as evidence
General Orders No. 79, of the War De
partment, giving transportation to reb'
els and others to their homes.
Mr. Harris stated that his witnesses
had not yet arrived that it was impor.
tant they should be here; they wonld
probably arrive to-day, but they had
some sixty miles to travel He would
ask the Court to grant him further time
The Judge Advocate remarked that he
would have no objections to adjourning
| the Court until to morrow, If the accused
would max o his proper affidavit relative
| to the witnesses.
The accused having fled the proper
affidavit, the Court adjourned until IL
o'clock to morrow.