The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-26
Ur.ION SOLDIERS SHOT
Their Vt.Anse Deserving from tho Rebel
l1rmy, which They Had Joined to
Keep from Starving.
Hugh W. Mercer Fried for Yheil
Murder.
&e. &c. 60.

Tho trial by martial Of Brigadier General Hugh
W. Mercer for the alleged murder Of seven Union SOL
ders has been going here since Saturday Last 10Th
inst and strange say the affair creates comparatively
little public interest, which perhaps may be owing
to the lack Of evidence The commission assembled on
Saturday IN the United States Court at tho Custom
House. presided by Lieutenant Colonel Edward Iiy,
OF the Twelfth Maine Volunteers, with Captain John H.
Warous One Hundred and Third United States colored
infantry, Judge Advocate Theaccused-Generl Aer-
cert will be remembered has been for considerable
time prisoner at Fort Puaski but from his appearance
in court there nothing indicate that his long
had in any way impaired his health His man
nor was perfectly COOL he appeared almost indifferent
TO the charges preferred against him. He stands accused
OF having while acting Brgadier General in the late
Confederate army. caused to be shot Union SOL
diers contrary the laws and usages OF war; inasmuch
as they were prisoners Of within the lines OF the
Confederate army which alleged murder was committed
solely for the purpose of weakening the Union army.
Before going his Defence the prisoner presented TO
the court copy Of his parole prisoner Of war under
the articles of convention between Generals Sherman
Johnston which appeared that he was not to be
long he observed that parole and obeyed the laws
which were In force previous to January, 1851. He
alleges that he obeycd all the requirements Of the parole
and that he arrested imprisoned and on trial for
alleged to have occurred prior TO the date OF the
parole He submitted these facts solely for the purpose
OF entering his solemn protest against his arrest i'm.
prisonment and trial. as in violation of the parole.
TESTIMONY GENERAL. CARIJN, or ILLINOIS.
The first witness for the prosecution was Brsvet Major
who testified TO having been In command of the First
division Fourteenth army corps under General Sherman
time in December last his division was in front OF
the defences Of Savannah and while ip thai pcslton
party of twentyseven men entered MS lines from the
Confederate lnes they were dressed In the Confederate
had formerly been prisoners Of In the hands OF the
Confederate authorities.
Objection OF raised TO this by counsel for
the accused, Messrs Julian Harridge and Thomas E.
Loyd-two Of the most eminent lawyers at the bar Of
Geoyia-on the ground Of II being merely neaIsay,
regarded as evidence against an accused party.
The COURT however, overrued the objection and
allowed the witness to proceed and counsel Tor the de-
fence then applied in order TO avoid tho delay that
would be occasoned in making specific objections, that
ments made by witnesses Of what other told them
The court assented 70 the proposition and the witness
continued
they in battalion In the Confederate service which
composed almost entirely Of United States soldiers
in the Confederate service from Confederate PRISONS
avoid certain death from starvation and brutal
treatment and others TO facilitate their escape 70 the
federal lines about one hundred prisoners Of war,
who had entered the Confederate service, formed
plot TO escape TO the Union army, and before
seven Of their number were disarmed placed under
guard and expected TO be shot Witness Afterwards
learned from other soldiers who had deserted over 70 his
lines that Of those Union soldiers who prs
Of and had been induced to enlist in the rebel
service shot by order Of General Mercer On cross
examination the witness admitted that he knew nothing
OF the transaction Of his knowledge and that all the
testimony he had given WINS derived from what other
parties had told him.
The commission arc now adjourning from day 70 day
awaiting teegaphc despatch from Washington - 70
whether the trial can 90 not evidence can DO
produced for the prosecution az yet Application for
bail made on behalf Of the accused, which re-
fused by the court teegraphic despatch from wash
''sA ' tbs DELAY IN THE PROCEEDINGS
From the Savannah National Republican Dec. n
On account Of the inability Of government to procure
the proper witnesses necessary for the prosecution this
important trial has again been delayed The court
sembled yesterday morning at ten O'clock when the
Judge Advocate announced that an adjournment would
take place until Thursday forenoon at the hour
and that " the expected dispatches received in tho
interim the court will then proceed with the trial OF the
II quite probable that the trial Of the murderers Of Mr.
Cordes will be commenced forthwith, providing the re-
quise information not received to warrant the con-
tinaance Of the Mercer case.
General Brannan had elegraphoa 10 ascertain whether
the Commission bad heard from Washington In the
necon just mentioned and was answered taat Il had
We sorry TO learn that the written application
mendnR his military district, by The members compos-
Ing the Commission IN their individual capacity, solicit
ing that the accused be released from confinement upon
his parole Of honor has been refused during tho contnu
OF his triala telegram having recently been re-
oevei at headquarters from General Steedman 70 that
eject
General Mercer at present confined In the guard
house. under the custody OF thc Provost Marshal where
he Is kindly treated We regret hot the military athori
tes could not consistently and with proety release tho
General his parole while such notorious desp radoes
Forrest Quanfrcll and others Of that stamp at
large enjoying their liberty with immunity from al in
terfcrence by government.
The long and dresry confinement which General Aers
has suffered NJ Fort Pulaski is no mild punishment
and while We would not be accused Of exhibiting unmcr
tied sympathy for those who have love for the prnc
Piles hold dear and sacred still would like 70
The General whom have never met paroed until the
approach Of his trial. for he has much honor 10 ab
scond les from justice.
sketch OF General Mercer.
Hugh W. Mercer, the accused in this Important case
old regular army ocer, and his ancestors in
our army from is hrst existence. His grandfather
Hugh Mercer, Scotchman, who engaged at the ia
battle OF Cuoden, emigrated TO Virginia In l76o
and appointed brisadier OF the Colonial army
tho 5th Of June iT7o. He MORALLY wounded
the ID OF January, 17T7 IL the foggy affair which has
been varously known g the battle OF Princeton
and Tronion The Of this general and father OF tho
rebel general William Newton Mercer, who .
regular army surgeon from 1918 TO 1921. Hugh W.
Mercer the present head Of the family was born in
Fredericksburg, Va. he entered West Point "a cadet
from Virginia In 1874, and graduated third in class
which has furnished but one other distinguished mem
Dor 70 tho world That other graduated No 20 and was
named jefferson Davis
HUGH w Mesrer did not remain many yeara in the