The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-09-25

at AndersonVille, that such and sucl
eharges are not true, but We have NJ
mesns to come unless you send TO u.s."
The place of residence Of others, who
are the most important witnesseaar known
Out they can only be caught BY sending
messengers to find them and accompany
them mere. But this is not all, some who
nave already arrived, have from neces.
sltles OF their families and the difficulties
OF meeung their expenses here, left and
| gone away, while others have been retained
only oy advances of money made by the
counsel themselves; others again write
from distance under fictitious names.
asking If they will be protected if they
come to testify; others VINO are most i'm
portant will not come unless at s great
expense to bring them. Herethere is sick.
ness and misery struggling against opu-
fence and power. Here is abiect poverty
struggling with untold millions-here ia a
poor, destitute, distracted and shut m
prisoner, with powerless and insufficient
counsel endesvoring to compete with ali
the ability, power and means that the most
powerful Government in the world can
bestow to crush him. Truly NAV say.
We as his counsel, thst all our good inten
lions are presumptuous In endeavoring 10
defend him, and we in our weakness do but
insult the majority of our Government
when we attempt so much. For these
reasons, then, / ask that this Court give us
at least till week from nextI Tuesday
before we "1ter on the defense. And if,
during the meantime, for want of means
we cannot get together the distantly sep
srated elements of our defense for one.
fear, shall feel it my duty to relipouis6
1t entirely. Lest any misconstruction be
put on my language, and it be said 1 want
that belfsve wnS7d 7dss geUat aFaiteSstn
plete defense.
Col. Chapman said the last remark of the
gentleman was an insult to hundreds of
United States soldiers VINO had testified in
the case, and that it was in effect q charge |
that they had testified falsely.
Mr.. Baker replied that there could be |
no sucn inference drawn from the remark, |
and he would say the prosecution could |
not make the horrors of Andersonville too |
1ad BY tongue or pen of any witnesses.
We may admit everything charged TO have
been done, but we may also deny that |
WiTz did it.
Col. Ohlpman-H you had witnessed the
closing scene here yesterday you would not
have just made the speech you did.
Mr.. Baker, resuming said he believed he
could produce witnesses to disprove the
class of barbsrous cruelty having been COM
mitted by the prisoner in August 1854
when everybody then at Andersonville
knew he was then at the tims lying in his
bed expecting to die, although Witnesses
swore to those things done by Capt. Wirz
it 70 be the time; yet nothing
was more common in courts than TO enable
'he defence to show that the accused was at
hat time miles away from the place. He
charged nobody with tAlsehood, but If he
,ould prove any OF the witnesses we're mis-
AIKEN, he ought to have an opportunity.
6 would be an honor if counsel could
lrove that witnesses we're mistaken. He
believed the court would rejoice in belieV-
ng that the atrocities were not committed
y this ilnocent man.
Msj. Gen. Thomas said that Mr.. Baker {
Iad drawn comparison between the pow
r of the government and the helplessness !
{ the prisoner. He believed that every.
hing had been done by the government 10
ssist the defence. a.
Mr.. Baker-We admit It.
General Thomas-Yo1 cannot expect
be Government to pay your expenses.
Colonel Ohipman-The Government 6
ays citizens as Witnesses So q day and their :
Mileage. sri-i :
Mr.. BAker-The Government, I admit,
as shown commendsbls disposition.
Colonel Chipman-I felt bound by my
wn honor to make the remark I did, and
j justice to witnesses.
Mr.. Bsker-1 made no insinuation in any /
ray. respect my Government, and those
under it too much to treat them d
Dproperly. If should say something
7hlch may look disrespectful the amenity
the Court should be extonded to me in
rder that harmless meaning may be at \
sched to all say. .-, v
Thu Court, after celebrating with closed
oors, announced their decision on the sp- y
hcation of counsel overruling the motion
II an adjournment for week, bat agree
lg to adjourn until next Tuesday morn
g 10 consideration of the delicate health
Mr.. Baker. The Court then adjourned L
ntil Tuesday morning. s.