The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-09-12
THE wIRZ TRIAL.
Fineenth Days Proceediprs.

Nocsto had suggs,,od 10 i'm that II mieht be sub
)ect outside Of his own authority and therefore pro-
perlv belonged TO the Court Some time before this
trial commenced the rentlcmcn who we're then act
,hg m the prisoners council requested that num-
sud on their anplics ion this Vas done. some Of
them could not he found, and other, who we're
ieund, had not yet repottel Tho reason for this
reject the counsel for the deelcs oid not hnor. .
since tho trial had teen progressing matters we're
developed which shove the necessity Of other Nit-
ne'.es being summoned IN order to meet points
uSnu5 ht out IN TIE trial Thote Witnesses Sero sca',
in fe- dsy,. Ju' in some place, tLerc
were no mails or other means Of reaching
il was no, probelle tIer could he C' cached by the
time they were wanted 70 testify IN this court Cnder
,se'e sIIeum,,ance. It W: tor the ,s.nmeni 20
which tho Government could ah0ri, or whether he.
must he deprived entirely q these witnesses, it
have the witnesses In tails way or not at Gll. The
counsel believed that defendant could show.an ample
defence. This their tinCoIe leiiei, aud II was
for them 10 ak that the prisoner have the mean Of
mtk ng his defence. II ~ was within the iurbdic-
ticu Of this Court he asked that mcsenFer be dee
pitcLed with suhpunn ioI such pcisons whom ne
ei It Absolutely nCcessiry togumtnon for The dcienco
m nd and In the neishborhood, the witnesses would
b. cent for at the eNprnse OF the defence but tui-
GheG south, there rcng greater diihcultcs and IN
crceHed expenses, u loc.e ah'outeN necessary inst
the Government shond sfaut the accommodation in
Judge Advocate Cuipmsn replied tha. the Court
were are hat from tune TO time he had uried that
the re bo complied vih.nuneh that list Of witness
- be Iu sheu hat had not ue'n iully done and MS
morning tie Court ~as Gale upon 90 meet the re-
quest OF tie counsel that ano,hot special u"ssenger
te tcut south. lie said fouf Nteks vio INST one
would lie despatched 10 srcurs wiiucs'es, more for
the defense than for the prosecution. lAuss ior the
lsttet wete manly he.C. At The unir thU baluH
vent 10 the Old Capito Prison, ana aites The de-
iepdant had been iuluiflei with copy OF the
chsrger and tp cifczour acainst him, ils OF Wit
$40. wns n ade ont hy the prisoner sue yi-ed by
Aet.t Hurhes, nuver aud Peck. at that time bis
COUNCIL TO Which w., u'tached tins endoueiuent by
q p4u |
fe m IL In nv csrs" Al OF tho witnesses, except
ins iour or Ave. were here. Their al ssuce wss
counted foE by She fact shat several IN Europe,
aud the o,ho' IN eyn'. lie hai only 70 SAY tai ~
in the prosfesa OF tis trial it vai believed by the
counsel iOr the defence that additional
Witnesses we're necessary, IL vas only
fair TO th- Gcvefnment that the counsel
could DO found, and also vhat they Expect TO provo
by them. on SATURDAY he subponacd io ~ withetses
ioT the defence, and pacod iostace stamps "a the
envelope. for mailing. A. fast as the counsel had
iLrnrhoi him with the names oi witnesses he had
istued auhnBnas
Mr. Baker said II might be well IN reply 10 the
gestiuu of the judge Advocate " call hrhion 10 tue
tac. that many witnesses Who hal teen suilnhAed
for the prosecution pad been fmtncd Vu tnC part NJ
the uoSenmenI and sometimes Witle'es com
planned that improper lnnsuHe had D. uol -
them 20 draw out oi tiem 'lhhs oi the P,Ose'u
ton. lie hardly b.ncved th, Juose Advocate
would attempt TO use tue lnhnen.e OF We
our Witnesses anything for the prosecution, aud he
rould chaIge II. But the Witnesses came here
under very peculiar ciicumhtahtos; many OF them
to ieayo favorable impiess Ni!h the royeInment
officers TO show their friendship gooi eelug 10 tAe
government Witno1ses had remarked ~ uiui, when
he s.ked them how they would Usuiy w n.y. do
own head y This Mr. BlEcr said, slthout requiring
hpy pressure the part OF she Oceis Oi the govern
ment would account ior ihe "ltn,'ses snni.ohtd ivr
| said, to testify tor the Prosecution al. Baker IN
continuation remarked that me au,enc oi the W.T.
10 mi their place With regard ~ the sugfe 'lOn "a
the Judge Advocate that he should maze an affidavit
really cunld not do ior want OF time the Court
would nave to adjouTn Tor AWeok to enable nan w
| do 80.
The Court, after dOliborstins with closed doors,
| announced It's decision relative W tho Witnesses
viz:
| That the defendant should prcseat TO tho Court
aidavis the names Of the several wiiuostoi, Their
places OF Ie dence and rensOns ie grUuuds that they
| can lie found and secondly, to Iho tacE he o42ycts
nud believes lie can ploNe by each vi iutmi i3n
tins the LouTt detfnne tue inaltiaAlty OF tie
| evidence and order the vitne Ca accordingly.
Nj. Baker said the CouIt undorsIoOd rom his
remarks that with all ne time iIs counsel could riYe
| nov draw up separate gthdayIu. ho VA. vIii,ug,
however, to do snythns IN his power to give tn,
| prironer Q fair defence, and must NON ucoCsstF,
alter the prosecution had Cost a. ssk ivl lew ds'a
IN order TO attend TO what the Court ~ uiged oven
II he had TO .~o.k day aud nisnt 20 'uAt the sub
| punss might he sent NJ soon A. possible.
| ten Bragg SAID II the defendant found out the
names OF the Witnesses all that was necesasrv 10 DO
| done was 10 draw out lhe iscts phcn Ia. expected to
prove by those whose names he handed In TINS morn
| Mr.. Baker replied that 1t required time
| Gen. B.agg-tiow long viii II requno you to drsw
| Mr., Baker-Two or three days working steady
ThtIe are twCnty thirty Witnesses, could state
generally what va expect TO prove snu GO vi. al
| This could be done without an adjournment oi the
Tho Court-very we'll, the question {. fc,tlcl
Judge Advocae Chapman requesteG that PORTION
of the Iomalks ot the counsel Be IeAd Tthecuhs upon
| himself ana associate, Major Io-Iner.
|
| cate rest under wrong impression. .
| The oinci4i reporter then read tho eIceptonable
| words, giyeI in the former par OF th.s rporI.
| MI. Blker-Ihefe's 10 renee sion thee.
| Juage Adyocate-lhc language H improper II
censufes the JudEe Advocate, and leaves GT In
ference thar the counsel beioscs that they ~ tho
preliminary examination, used impuper nr'ns 10
nnuence the witnesses, pronounce tie who'll thing
fase. The preliminary examination WAt oonouc'el
by Major Hosmer and myseli, and made win all
officers OF the COurt and reporters ana witnesses.
l do not recol-ect OF any tuch che, and eIn
which pronounce illse | AK tue LouGt go oIGer
an inyettgaiOn 90 that tne counsel nay tIf.slh hs
spe en- by proofs end that the OiAceL Or oihcefs,
iOund leielict In the pari uIAr o acting uap.o,ts
slonal, may !. dealt VAN by this court Ih'a h uue
10 the Judge Advocate.
Nj. Baker.-l thousht was careful in giving the
imp tsalOn OF the witnesses als 10 me, thJuthl
nus very careful nOI .vAVc aly "a lt"'uL 'nNt ,o
Judge Advocate could 10 gully o. any euch tuins
II may he enough ioI me ~ say that nA'e TOO hish
un opinion OF the Judge Advocate TO believe ne "a
any turn thlng lut nhen witnesses come net the.
iee they aIe under those seitTlus when We cannot
ieei; btcAuie We aIe not Iu tAeii pesl;ioh iLlit
let hem " Tor what they are ro.IA 40 no' thh.
the JuuSe AuvUcato IL guilty OF thls thlht' ana
sAnt no huch construction pat upon my lahs lAte'
| Mly. zen. AIaC. The Ian- As-c J.. eiu.Nhenl 10
cAsIro nOt Only ishlnst the Ju4te A.NVh'ti bu'
hgAin-t some pClsOn cOnLoCted htil lAe hONe4h'
, ! meat anu n not usde IN lie iurln Ui chAlfe "
cUuusel OF the Ueehuhht II comes al itIt IN an
accusatOIy statement l4Oln nltuuss,H II tho 'hlhg'
stated ne, II 10 tanlY the power oi lht
| counsel 10 glNO the names Oi tho EltnCasts'
| Mr. Baker--I don't know them,
! After further conversation by members or th'
COuTt, General BTasg sAd as Mr.. Baker made TIE