Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-08-24

pysr p Hs tSsoaht he tri.i ought not y 60 g On
without his counsel having time to sfamins NJ "
pspsrs and prepare % argue s, .ns l, - on with M
t6ntr refusets adjourn, y, roS, roS,i,tt ,bourh h
she s,ssntst 2 the sas,s PEA !ov An sajOurnmen'
sSpeo oo. ss M ~ Corft ". .ald Allow MN V
refer 10 c,bsr p,sss sifrady srsS % l,sbeut All,
they could 60 on with the case
Nxfssr few minutes Col. Chipmas sstd y. u
Informed By the counsel that they were resp
commence the case now, and plead to the ehsfEes.
leaving the question OF adjournment untii sftef
the issee should be Joined. -,
the pleas hled, and join issue By putting IN
general plea OF not guilty, and proceeding with
"c Col ,i't t6ip,uu said he shouid obJsettg those
pleas hled except the one IS to lufisdictionl
going upon the record without nnal action having
been ssken upon them. : ,,,.,,.
MI. Baker I'D, II the court was rsady 70 aeciae
as to the pleas leS without ,nrtneI sIda slssm'n'
he was willing that the cous shoula asou s u, a,
Col, Chipmnn said he would nicve 'ha' AZ 'ne
pleas, except the one as to Jurisdiction, %
NJ Baker hoped, II the Court would pass upon
the pleas, II should be without any argument
written OF oral from the Judge Advocate .,B.
Col. Chapman said he had made the motion,
and II was his duty to present any reason IN sup
port Of his motion. He wanted his reasons 70
hppear upon the record, and ne felt to be MS
The Commission decided that tho Judge Advo-
cate should proceed to argue his motion.
Col Chipman said II the Court please, asido
from the question Of Jurisdiction hled By tho
counsel, there are four other pleas fled BY them
LIST. The motion to quash; ID. That plea setting
out the fact that court consisting OF the same
members took cogpisanSs q this case and ar, =,
jeopardy; therefore this court could not try him
again. Col Chlpman read m opinion Of Judge
Holt, the Judge Advocate General, In support Of
his argument. .'. '.r-
He next referred to the plea that wirI surron.,
| dered under q special bargain, aud said II
| General Wilson or Captain Noyss had promised
10 let the prisoner have safe conductto his home,
he found that the accused had committed such
crimes heretofore, and for which ho should be
lie referred to whoaton's criminsl Law and
other authorities In support Of his argument on
| this point.
IL will be remembered that the Chief Magis-
| trate has issued proclamations which clearly
| show that the pardon Of all those who came I'M
| Grant and Lee, Sherman and Johnston, was not
defended, certainly not those who had been guilty
Il NAV be considered that ali acts done under
the laws Of civilized warfare may be considered
as pardoned; but he certainly was not pardoned
for such fearful and atroeious crimes as the
prisoner was charged with.
Mr.. Baker said the prisoner was an humble
u
stru tIent In their hands. He spoke for some
time In opposition 70 the argument Of the Judge
Advocate.
The court was here cleared for doiiberAtion.
| On reopeniug, the Judge Advocate aunOunsed
that the court had decided to sustain the obJeo'
| ton df the Judge Advocate, and override the
pleas, except the one % to jurisdiction, which
has not yet been argued.
each Of tho charges and specifications.
| Col. Chipman, the Judge Advocate, said tho
Government was now ready to go on with the
Gen. Wallace, the President, asked If the pris-
| ouer was ready.
Mr.. Baker replied they were.
| The rules and regulations governing the Court
were then read, and a copy given to the counsel
Col. Chapman said he would offer in evidence
q letter, dated Andersonville, Ga, October 9,
1854, and signed by the accused.
MARK D. ROBINSON,
| having been sworn, testified that he was clerk
upder the employ Of the Commission. Witness
was here shown the letter, and stated that he
| showed 1t to the accused In the Old Capitol, on
last Sunday. Accused said that 1t was true
copy of the letter which was sent to General
Mr.. Baker objected to the letter being offered
| In evidence.
| The Commission overruled the objection.
| Witness resumed-The prisoner read the letter
| over, or glanced over 1t.
uThe letter was here read by Col. Chapman. II
was addressed to Gen. Wilson, Of the Federal
army, aud signed by wirz. He gave history
| severely wouhded at the battle Of Seven Pines
had nearly lost the use Of his right arm. That he
was carried away by the excitement, and Joined
| the confederate army. That he wanted to have
a safe conduct to his home; aud that he wanted
to return to Europe with his family as soon as h
could.
Cross examined: The letter was given to wit.
ness by Col. Chapman. The prisoner glanced
over the letter carefully. He did not read thu
letter loud. He looked over It, and witness sup
| posed he read It. Witness requested him to lool
at the letter and see II 1t was true copy, tC
which he replied 1t was.
CAPT. HENRY x. MOVES
testified that he was an aid -de-eamp to Genera
| Wilson. Witness was here shown the letter
and stated that he had seen II before at Genera
Wilson's headquarters. The letter was fount
| Cross examined: Witness was In Macon, Ga.
when he first saw the letter. II was handed 4
witness by Gen; Wilson or his Adjutant General
| It was about the lst Of May. Witness saw tn,
letter q week or two afterwards; 1t was HANDED
to witness; he purit In his pocket aud brought |
to this city, whero he delivered 1t to AdJutan
General Townsend.
| 5. C. GIBBS
testified that he had been in the army Of wha
| was the Confederate States. Was Colonel In tn
army. Commanded the post at Andersonville
Witness was here shown an order, and stated &
was the original order assigning him to duty
The order was dated Camp Sumter, dersony lille
Ca. octObsr 0, 1884. The order was here Oaere,
A pass, signed by II. wiru, was shown to wit
ness, who stated that II was In the handwritin
| of Wirz. Witness was shown a map of Ander
sonville, Ga, and stated 1t was correct. The dut,
| of witness was to order the issue OF commssarI
stores. Witness had no control Of the prison.
Capt. Wirz had whole control Of the prison
Witness had nothing to do with the rules ant
reg ulations Of the prison.
In the absence OF witness, sometimes CHptaiI
Wirz commanded the post. In that case he coult
grant furloughs. Witness visited the prison
once before he was assigned to duty there. A
that time the prison was very much crowded.
Never saw 30 many men together In 10 small |
space. Its appearance was more like an ant hill
| The surgeons had control Of the hospital
The surgeons Of the prison hospital received
| their orders from Capt. WirL; had seen ORDER
that Capt WirI wrote to the surgeons; the only
interference witness ever know him to make wa
the punishment Of 4 nurse who failed to repor
| the escape OF prisoueTj the man was put In thu
| stocks; there was dead line In the prison tn,
| object Of the dead line was to keep prisoner
from approaching the stockade,
Question. What were the regulations Of thu
prison
objected to by Mr.. Baker. ,t..-a E."'
| The Commissio oyerrtiled the bjeetion.
Witness resumed; Tho prison was built o
hewn timber and had several batteries aroun nd 1t
The dead line run parallel with the stockade and
at a distance Of about 20 feet. Arui
Witness went into the prison very oftenj th,
| prisoners were badly OF for clothing, aud badly
on for shelter. Accused told witness between
twelve and thirteen thousand had died. Accused
| WAS 10 command Of the prison about year.
| Tar WiFz tall ahouI