The Plymouth weekly Democrat. (Plymouth, Ind.) 1860-1869, 1865-10-19
Closing Testimony ;s2 the ssirz
f6'.,t-,s

Uulhtcu 10 come 10 " ashin4tOn ana pres
ent petition to TIE United States author
tiles for an exchange of prisoners, Gen
Winder and Capt lVirz asserting to the
erranl.
Col. Chapman objected to this, saying
that there Tas 10 evidence to show that
the original petition ever re, chcd the Uni
ted States authorities.
Nlr. Baker said that, 20 far from conspi-
ring, that Capt. Wirz was taking active
measures to send and actually sending
union prisoners to the United States gov
eminent to effect an exchange.
The court was cleared for deliberations
and decided to sustain Col. Ch;pmau's OBJ
lection, but added that the court directed
t e judge advocate to arply to tho prop
or officers of the government 10 ascertain
whether such aparer had ever come into
their hands. so that counsel might moi
lose the benefit OF it.
Mr. Baker would show that the govern
ment had notice OF such action, AMI tha;
he delegation were here three day. knock
ing at the doors Of the president, bu; were
Unable to obtain admission.
New York with Mr.. Tracy, one. Of The
delegates, they aPi lied to Gen. Dix for
transportation to Washington, but re-
f Ell It,
Mr. Baker said they offered TO show by
the witness tia, the latter received let
ter fro, Tracy. dated al Washington, in
substance that the delegate were here
waiting on the authorities and making
knoT I'm their business. but they were re
fused permission To confer with the author
l't;:cc' ,Ae president or secretary Of war, or
both.
Col Chapman said that the witness did
not come 10 Washington. but some one
else did The proposition was to be proved
IN an MISUNDERSTANDING He did not
believe man OF the fame, heart and char
3ctcr of President Lincoln would have re
fused admission to anybody on subject
OF chat kind. The court must not allow a
SANDER CT the kind to be repeated against
so great and so good 4 man Is President
Lincoln
Mr.. Baker-'.Thc remark of the gen
t'cmau do not refer to my offer. The
stump speech about president Lincoln wa,
out Of The line Of prosecution The judge
advocate had no more reverence for tina
man, than ii was his Ci'ak,r's) duty. T,
sAaw that ,he prisoner was not guilty O
the eaorfa.,ies charged against aim, h
would show that i proposition vas made
to send ] SEQ prisoners from Anderson
vile, without asking an equivalent. St
great va, the anxiety to 90. of; the prison
c,s. and that this WIS refused
Col. Chapman said Mr. Baker ought t.
have asked 4 subpoena for Mr.. Tracy.
The Court" Are his wlereatout
known:"
Col. Chipman-''Iie cen he sent for il
- hours
Mr.. Baker then asked that he be pro
1uced, cnd Col. Ouid also.
Col. Chipman remarked that cOunse
did not want Col. Ould.
Hir Baker replied that he had sait. h
r would not delay the trial, but when he Va
turned upon in the manner that he ha
been, he asked fer additional testimony t
clear his client.
Col. Chapman said tie only practica
point was that Winicr aud Wirz made ei
9 forts leading to the coming OF Il mission t
Washington. What the mission did ha
= nothing to do with this case, or whc.he
} the government WAS right or wrong.
It Mai. Gen Thomas remarked that tn
counsel knew our government would No
exchange prisoners while the rebel govern
"A ment refused to recognize colored prison
crS as soldiers, and murdered them
n Mr.. Baker said he wanted to show III:
Windcr and ETirz were not guilty Of col
: spiricy.
The court sustained Col Chipman's ol
: joect;oD.
Mr. Baker then offered in evidence
: copy OF the proceedings and the sontenc
OF the court martial which tried the RAE.
f ers, and which were approved by Ger
!. Windcr. 1t wa, not in his power to pre-
q ducc the original which was lost or d,
: s,royed This record would remove niue
q Of the blame which had been cast on Wi,
:. der and Wirz, and was altoge;her favo
: able to tie defence.
n Col. Chapman obiecte'. and the coul
!, sustained The objection.
Col. Chapman here rested the case f
the prosecution, and said that he and h
: associates proposed to let the counsel f
j the prisoner make out an affidavit f
G. what they could prove by those whom the
es wished to be subpenaed
These remarks were understood 10 ref
to Gems. Lee, johnson. Cobb and other
" The court said il had decided that the
u witnesses could not he brought here.
81 Sir. Baker said that, on the whole, |
T. would not ask those parties to be Subpo
rs naed
j. Mr.. Baker then said that whatever ha
&c passed mere of 4 persona! nature he won
t. let it 60 lie would not here or outsi,
:. again refer to it. The judge advocate ha
personally treated him with Kindness, b.
had treated the ease of the defendant raj
er roughly. lie then rested the case f
o. the prisoner.
&c The court said Both sides have no
It, rested, Mr.. Baker is to sum up in beha
N on IT,. ne prisoner, and the judge advocate f
L. the pro~ecuiiiion.. B0.h arguments are
!, be in writing"
20 The court then adjourned till Wcdnc
= day next. to Give the counsel time to pr