The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1865-08-24
The Wcrts Mllifaxy Csnanaissasa
WAsuIrorox. Aug. q.

l kolhn - VIC O0patOi.
Judge Hughes, counsel for the accused
SAID that as the prisoner should be brought
into court, he would submit motion.
MAJOR General Wallace remarked, "Time
enough will be given for that purpose
Judge Hughes-"I will present it at ths
earliest moment. !"
The prisoner was at this stage Of the pro
ceedings brought into court in custody of
military guard.
Judge Advocste Chapman called the rol
of members, all Of whom answered to theil
names. He then resd an order from the Wal
Department, ds&ed August 21d, ia substance
that the Military Commission which was te
convene on the 10Th inst, is, by order of the
President Of the United Statest dissolved
and then read another order, dateh yesterday
convening special commission 10 assemble
to-day, at IL A. NJ, for the tri4l of Henry
Wertz, and such other prisoners rs may be
brought before it, the detail Of officers being
the same as that Of the previous commission.
Major A. A. Halle has, on application ol
Col. Chipman to the proper authority, been
appointed Assistant Judge Advocate.
Judge Advocate Chipman asked the prison.
er whether he had any objection to members
of the court.
Mr.. Peck, one Of the counsel said that
there was none personally TO the members.
The Judge Advocate and the Official re-
porters were then sworn, promising. in add.
tion to an impartial performance Of duty. that
they will not improperly disclose the secret
proceedings and sentence Of the court.
Judge Advocate Chipman addressing the
prisoner: s.You are charged under the name
Of Henry Wertz, is that you name pr
The prisoner said it was.
Judge Advocate Chipman-ssThe charges
and specifications will now be read
Major General Wallace, the Pre- iient oil
the Commission--ssLet the prisoner stand
up.n
Capt. Wertz rose to his feet. when the
charges and specifications were read. They
are substantially rs those upon which he was
arrsiened on Monday. He il charge with
maliciously. wilfulls and trxitorously and II
aid with the then existing armed rebellion
against the United States Of America ON or
before the ist dav of March. 1854. and on
divers other davs between that dav and the
the 10th day OF ApriI. 1865. commanding
confederating and conspiring together with
Jno H. winder, Richard b. winder, Joseph
White. w. s. Winder R. r. Stevens and
others unknown to iniure the health and des-
trov the lives of soldiers in military service nj
the United States then held and being pr;s
oners Of war within the lines Of Sd called Con
federste States in military prison thereof 10
this end that the armies Of the United States
might be weakened and impaired. in violation
OF The law. and customs with tie above on
GERS from the former charge in this. namely
that the names of Robert Z. Lee. James
e. Seldom and Lucius ID. Nortknp are now
omitted. Charge is that Of murder produced
by heartless. brutal and cruel treatment. The
specifications are IA in number.
Judge Advocate Chapman asked the pr;so-
ner what answer he had 10 make TO the
charges? The prisoner gave no reply.
Judge Hughes. of the counsel. said thai,
these new charges and specifications. or the
fac. tha, any amendment or changes had been
made in those heretofore prese1ted reached
him now for the first time. Thelcounsel had
received an official note this ulorninv from
the Judge Advocate, which be would read.
accompanied by a copy. as he supposed. OF
these charges. This note was received q, &
O. clock. or a little sooner. this morning. ad-
dressed to the firm az which he Eaa I ,nem-
ber. Hughes, Dennis 4 Peck. dale 2sd Auc
1855. The note from Judge Advocate Chin
man is in substance briefly AZ follows.
~ enclose copy Of the charpAs and spec;-
ficaiions with such changes as hay be pre-
sented tomorrow. Ii is propet TO saw now
what could not be said sooner. viz: the court
will assemble to morrow at II o'clock II the
court of claims room. and I will nrocead
without further DELAY with the cdse. Tbe oh
iect;ons made by Won will in sholt be removed
by the orders Of TO. morrow. There remains
two no;nts raised bv vou 70 no Ee,tled Is,
as 10 the Jurisdiction of the court and ID as
i, the Immunity Of Canta;n Vert claimed
nnder the Arrangements with Cabta;n Moves
and tho ran;,plution ae corclufiad hetwean
.IoInson and Sherman These hone viii ba
disposed Of to- morrow or as sooh as we oct
into the evidence.
Judre Hughe. said. sThe no,e WAS not
dated YESTERDAY, but o-day, this being the
23d.r
Judge Advocate Chapman saidthe note was
written yesterday, but was wroAgly dated in
the hurry
Judge Hughes remarked that Lhe saw by a
morning paper that the court wss to meet to-
day, and that il was mere accident that he
came home The authorities were anxious
that the prisoner should have time to plead
and prepare for defence and to consult in the
prisoners behalf He asked the commission
to give him sufficient time The prisoner,
without any fault of his, would now be under
The necessity Of employing new counsel, and
he Judge Hughesl was inclined to think that
he had rendered all the professional services
required by his obligation. 1t was necessary
for him to give the reasons for Withdrawing
from the case, but this ought not to prevent
the court from determining the question of