New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-25


nstice who is the law expounder SO far as the army s
concerned This oninon Is in substance that party
who has been arraigned should not Do IT.
carded as having been tried until the government nas
pursued the case conclusion and ne mas pee ~
ay acquitted or convicted. and the Judgment OF tho
Court has been thereon announced Ihere must 10
formal acqutta conviction Inc hcAs i ues' tIa
raised nv tbe counsel for the defendant was that ,e
prisoner should not be held to trial. but ought 10 DC aus
charged because Capt Meyers an ohcer OF tne sta =,
Gen Wilson had promised Capt WIZ ina. II nc snouu
give certain information which he did to Gen. wilson
he Should have safe conduct going ana returning 10 LIE
home; and the final question was that the agreement
between Gems Johnston and ShermaneaosoVeo .ne
nrsoner from the consequences OF the violation Oh tDe
laws of war In support of his motion that the peas
were insufficient. and should be ovefruied' Coohe,
Chapman read an argument when ne nad feuuceu
IN Writing If he argued, there was violation
of colrpoct between a staff officer and WIZ tne at'
ters remedy against Gen. Wilson'S and not before
this Court. IT, after the defendant was Drought 10
Gen Wilson. IL was discovered that WIZ was guiiy
of great crimes he would have been answerabie TO his
superior for letting him off Gen. Wilson han no power
to absolve the prisoner from crime; aprOnlsc 0 SAFE
guard did not work pardon of the onense Ibe piea
presents case Of police officer, who says: Come
with me to the magistrates viii see that you are not
injured" Tie magistrate discovering that tne man
rniliy of crime takes for the trial OF the prs
oner 1t not alleged that Capt Moves acted on ,ne
instructions even of Gen. Wilson. Tho cases were
similar; therefore, the plea should be overruled Inc
Cont must bear in mind that the plea In bar does NOT
assume that there has, in this case. been formal ac
Quittal conviction. There now remains Vniy ons
plea based on pardon. According 10 Archibald ana
Whartons Criminal Law, the plea must set ont In form
the pardon granted In the absence OF this the plea OF
the counsel therefore bad. Ii was very certain
by the action Of the Government anu the OPINION
Of the Attorney. General, that neither the Am
nesty Proclamation of the President nor the terms
Of surrender between Gems. Grant and Lee and Sher-
man and Johnston were intended 10 pardon those VINO
had been guilty OF great crimes. The later proclaina
ton of the President showed that these capuatlons
did not work pardon TO those coming within their
terms; else why did they see men who had neen en-
gagged in the Rebellion every day besieging the Pres
dent and asking pardon, Ii would be recoeced that
a nudge Of the United States Court had charged the
Jury to inquire into oienses under the Rebellion and IN
The Criminal Court of this District, the Attorney
General proassumed the Rebellion still existing sup
pose the assassin Of the late President had been a
Rebel soldier, and after committing the act had ESCAPED
and returned TO Johnstons army was II supposed the
terms OF the capulation would prevent the assassin
from being brought TO triali
Mr. Baker of the counsel supposed that, according TO
the universal custom Of law proceedings they were re-
quired say something in answer TO their adyersaries
In the first place the prisoner was an humble servant
in the employment and under the orders OF an oncer
of the so-caed Southern Confederacy. Distastenl hs
il might be- we must look upon il as fact that there
was civil for four long and distressfu years The
prisoner he repeated. was servant and instrument III
the hands of the Southern authorities. As SUCH ne bad
charge Of our prisoners because II was his duty. In
defending the prisoner. he must do his duty The de-
PENDANT is criminally charged with atrocious crimes
which may be proved 10 he facts. Ii would be q
most inhuman thing 10 take II for granted. at the
threshold that he ~ guilty. The charges are merely on
paper and IL the duty of the Court 10 investigate
and whether they true. II alleged that he
as ao individual. starved the Union prisoners. His
counsel deny that he did it at all. But be there
The Union prisoners Were starred sSmS came anne
mersber Of the Court say that any Lieutenant or
Major.General in the Union army should be held
accountable 10 any tribunal for every outrage ana IN
decency for every murder under the laws of war per-
haps unknown to them perhaps as ne had seen IT under
their very eyes In some instances they might nut
/ f.r Ill fha he sIarFe a.
prisoner is that he committed these acts II hall
OF what is alleged against the prisoner should be proved
true he should suffer 10 the full extent Of the law The
prisoner invited to- come within the l mon
inea and was promised be should have safe
conduct 10 depart What justification c0nld there be
for such violation Of Usages Of civilized warfare
Where would they find the pledge OF commanding OIL
Ger violated The Judge Advocate had said "a Com.
mandng General violate or set aside his orders but
If any Commanding General weLdeservne OF bis stars
should invite humble 10 within his lines
and should then violate his promise Of safe conduct and
hold him prisoner and Try him for murder, would II
not be Of the most atrOcous violations OF the rules
OF and Of good faith Where did the Judge Adyo-
cate get his authority Certainly not in the books
under the authority Of the United States. This was
oae Of the points Of the defense The prisoner
was held wrongully. The counsel would
say this with respect The prisoner
enticed within lines and the pledge given him Of
safe conduct broken There might be an excuse for the
officer breaking bis pledge but this should iuuTe 10 the
benefit of the accused. The learned advocate com
pared the bringing Of the prisoner under promise that
he should not be harmed, into lines TO Il constable
enticng party before magistrate who holds him Tor
trial Most assuredly and certainly the gen.
teman did not design to bring this case
to such low and degrading condition.
But the difficulty in the first is that the magistrate
has right to make the promise and right TO break
il in the second. commanding General has the right
to make the promise and them according 10 the law Of
Cd and maU, he is required TO respect IT, As 10 the
plea OF the unconstiiutionality of trying man
after once being put his trial. he would not
argue the point He could not be in jeopardy
OF his life lfthe Court should concur in his pleas no
would be gratided II not, he you'd be content to go
on with the case.
The court was cleared for deberation and when the
doos were reopened 1t announced by the President
al tne opuft oNerruied the peasexcept as 70 uTsdc
ton. which is not yet argued.
MI Blker-We plead the general issue-Not guilty
oil the chafe and specifications
Judge-Advocete Chipman-The Court il now ready
to 90 on with the case. '
The rules adopted by the Court were read providing
among other things that the hour of meetin- ,haIl he
10 aid al o'clock recess All .. that Tho ex
animation of witnesses shah be by one OF the Judge
Advocates, and one OF the counsel for the prisoner the
arguments 10 occupy five minute on each sids 49,
The Judge-Adyocate said he would offer in cvidcnc.
letter dated AndersonVie, Ga. May 7, 1865, and
signed by the accused.
Martin J.. Robinson having been sworn testiGed tho,
he is clerk 10 the Military Commission. The letter
was shown 10 the witness. This be said was the lei,
ne exhibited TO the prisoner at the Old Capitol last
Sunday the first time be saw him. He asked tho
prisoner that occasion whether that was the letter
which he wrote 70 Gen. Wilson. The prisoner REPLIED
il a copy true copy of the one which was sent
| The Court overruled an objection made by Mr.
Baker, when the letter was read ~ follows:
| ASDKRsoSvLLK. o., May T. 1865
CESEPAL: II is with great reluctance that address you
these fies, being fully how little time Is left
tend have the honor TO lay before
you; and if could any other way to accomplish my OBJ
Ject, would not intrude upon you
ara q native Of Switzerland and was before the war
citizen OF Louislans by proessons physician like hundreds
and Thousands Of othe carried away by the mad
Of excitement and joined the Southern army very
seriously wounded at the battle Of the Seven Pne