The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-25
His Wish to Leave the Country Under a
Safe Conduct from General Wilson.
estiHmVny Os the Former Rebel
Corn rassaaGder ann Physician OF
the AIasteVsOnviase Prison.
Seventy five Per Cent Of Those Who Lied
Ccr,d Rave Been Saved.
6S. H.. kes


wasnNGroS, august "a 1896
The Wirz Commission met al Noon
Judge Advocate CsIpnAH asked the prisoner If he bad
sounsel
InU1s s,BAoE Esq, begged permission to make a Der
sopai explanation He SAID he had been engaged a.
counsel With Messrs Hughes Denver and Peck. Those
gentlemen had had the hand three weeks;
but he was not fortunate, having been called IN at
hat hour They had with and left him all a,One
Why they had abandoned the was well known 20
She gentlemen OF the ,ouri,
Major General Wallace replied that the Court did not
knew, necessary that they should know, the
reasons
Mr. SCnsDE. resunl!ng, said be would have followed
shem IL had not been b" had regard for his honor
But, being an adopted citizeD Ike the prisoner he
would i0rsake helpless, especially
he believed from the testimony in his possession
that the defendant innocent He al the
line fully CONVINCED Of his inability alone to compete
with the array talent the other side He fully ai.
preciated the momentonsness of issue a,
She high respon nSibfy which rested upon him. For the
just he asked The Court for postpone.
inent OF the trial for eight days. that the prisoner
might procure additional counsel, and that The latter
might have opportunity and time enough to inquire into
She facts OF the case believing. he did thai justice
and right the chief ingredients Of American liberty
and that under the and under ie present
enlightened Statesman who controlled The dcsin
ef the nation, cItIzen however humble should be de
prived Of The right Of fair and impartial trial The
vresent excitement will away, and II We do
harsh thing history, the great and imparis, Judge
will punish for the wrong.
Judge Advocate CRIvxAS said the Court were wen
aware that the gentleman who had just addressed
associated with the retiring counsel for time
II could not therefore, properly sa ely presumed
shat he uniformed OF the proceedings and facts
ehc fho court bound 60 believe that hs VAS
pre- arcd 10 20 with this trial He Thought The Court
should come to an issue to-day and het the prisoner
should be csed upon 70 plead He DID noi ask hai The
eel fully informed Of the theory Of ths prosecution
sud what would be brought out In proof against hs
prisoner. He would MT argue the motion, ~ II pre-
scented itself TO the dis re'ion OF the Court
Mr. scrADE appealed to the generosity of the Court for
, poson and The responsibility resting OH him.
The Court by vote, nidcd against the motion, and
that the prisoner should at once plead.
o. S. Baker, ESQ, who was in the court room, voun
tecred his services assistant counsel for the defence
THE PLEAS OF PRISONERS COUNSEL.
Mr. SCBADE then presented several pleas - rsi-1hat
the prisoner entitled to his discharge in consequence
OF tre promise OF captain Noyes OF the saf OF Breyc,
Major General wilson, IN command al Macon, Ga that
he tWrz would accompany him 10 headquarters for The
purpose Of givm certain Information he should be
arrested or held as prison The accused accepted the
Onr aud claims to have been since held Ia violation at
the pleug of his personal liberty. Seccnd-The prisoner
denies the Jurisdiction OF the Court TO try him thee
civil law restored, aud there is military law under
which he be tried. Fourh-Hc moves 10 qussh III
charges and specifications npon the ground Of the vague
bess and ndeintsDess concerning the lime, place and
Of the offences charged. tiftliThat The 2is
ri August, 1865 he was gned aud put trial on his
plea oi hot guilty To these charges before military
missi0D composed ike iiiis that the commission
broken up without has agency consent and adjourned
without \ record Having been put Jeopardy op
those haraes, the Prisoner cais that he be
Tsigned agan before, but Is entitled the benefit o
AN acqunal. sisih-He claims thai he should be dis.
chs rusU & Al Dft. Of no alieI
southern conicdracy, and entitled 20 the agreed
between Generals Sherman and Johnston, which were
complied with by him, and in accordance with which he
b. ready TO give his OBJ bga0n In writing not 10 take up
arms sga.nst the governments. Mr. schsde saId they
not disposed 10 discuss shese pleas but wished
them 10 so TO the bnal Argument
Judge Advocate CHirSAs desired the gentlemen, IL
enc plca-the question OF Jurisdiction-wbich could
properly The others constituted plea ia bar.
and should be decided before the Court could hear the
case. II was proper that they should argue a st this
Nme, except the plea OF jurisdiction.
Mr. ScnApt said that If the Commission insisted the
argument before proceeding further he must ash for
adjournment until tomorrow, ~ ~ TO afford The
counsel, Mr. Baker, who had just come in opportn-
nifty to examine the
Mr. BASss ssid that as it but niomen, since he
lad anything 10 do with the case cour would readily
soe that he could have no Information as 10 the pleas
put in the charges sgans, the prisoner lie had no,
read the charges. He almost inclined to ron
vent 10 40 GU, IN view OF d,e changes and della,
that had already taken place, but he cosI thuk
he would be doing his duty 10 the prisoner
he should attempt 10 argue peas that
might the prisoner his life, and afer the sudden
Termination OF the yesterday aud he might sav
spmersault they ought 20 without aIordnp time
60 the counsel IT, however the Court decided no, 10
bc proper adjourn day he would ptocs,,l m
argue the % the hest of hs ability
The JUDGf ADVOCATE remarked that the leading caun
eel was present ~ the previous arra nu"nts
be familiar With The cdee
Mr.. BAKER, rcsumiug, .ntd the principal plea to be dis.
sussed was the motion o qush th. proceedings IN con
sequence OF yagucncss aud indefinite meas the charge
and specifications. The Court, however was not gong
o. discharge the prisoner tcchnicaiy: nor would
u convict him such and with the Courts consent nc
would let the argument of the go unlii the
clote Of the case.
The Ivnor ADvooh,E insisted that the deenc. should
eioss W The plea now.
Kr ScgADr said would waive argument and joiu is
svp q once the simple plea OF not gutv
Mr. BsNKR s,id also ready pui in tho plea Of
guilty alone the Couft would let the arRunert or
J t1c peas 40 over, and thus not waste time
The JuDgE ABvarAiE Stated he would enter dtIsuifcr
tho pleas neyyosed with the exception Of the plsas
sa Jurisdiction.
Tue President General WIg<cE asked the Judge Ad.
L. he cohd no reach the pleas by moiisn rs
sell ~ a demurrer
JUICY ApvoCar--Ses.
this character II IL intended for the fornstes of
Savi oourse
The JUDos ADyocAyx accepted the suggestion, aud
.oved that The pleas uitb the exception Of thst Of nrs
action, be 0vcrrued.
nr BAxs2 hoped that " the Court passed st all on
the pcss II would Do 90 without argument
vyiheb oral b. he Judge Advocate as the counsel
would ~ unable 70 answer them in 20 short Nme
Icy ~sse 70 argue the pisas
ne SuHse Apvcc.fs ss!d that stsr,mahiss thsi
sssscss, - hss he might ~ placed prep~siy on ths
~. ~ .A.s '.s.. By u. c..,l ,..,,a,s /. /.