The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-10-04
BY TELEGRAPH,
WASHINGTON, Oct q
TO THE DAILY PRESS.

" <AcAAA4N WIN, Nct. u. e
The Werz commission re-assembled TODAY.
Joseph Thuringer, of the 18th Reserve
Corps. testified that from December 1st. 1891
to the 4tb of March, 1852, he was A nr;sonerr
at Tuscaloosa, Ala, where there Were ion nris-
oners under Werz, who was at that time 4
Sergeant. p = e 48M
Mr.. Schade here said that he was going To
show by this witness that Werz received at
that place seven or eight hundred dollars in
gol6 from the prisoners, the witness being one
and they were permitted to draw tbe monev
from time to time, and the balance was return
ed without any reduction.
The Judge Advocate said he supposed the
counsel proposed to prove the good reputatiou
of the accused, but such defence was Al, i'm
proper one. The offences charged. occurred
at Andersonville, and no prior Conduct could
be admitted. Particular acts could not be of.
tered to show good reputation. Werz might
have committed four kind acts, but also nine
ty-six cruel ones. -
MI; Schade said the prisoner was charged
with high crimes, and therefore it was neces-
sary to show that the defendant was GOOD
man Iouf years ago, while in charge of a pris-
on at Tuscaloosa.
Inc witness then in reply to the question
Are you acquainted with the character of
captain Werz for kindness and humanity Pr
said he knew nothing about it,
MIR. Schade said that when the prosecution
closed, and the defence was about to COM
mence, the counsel for the prisoner asked for
eight days that they might make the requisite
preparation. He now asked the commission
to adjourn until tomorrow. This was neces-
sary in order to do Justice to the prisoner, as
well as themselves. They had discharged sew
eral witnesses whose testimony would come
under that character which had been irreli-
want. By adjournment the government would
not be the loser, for they would be able to fin
isl the trial much sooner ~ ~ - (
Court-We understand you have witnesses
in the city. a1A-
Mr.. Schade-We have. .,4...ssr
Court-Then 60 on. As92s-4
Mr.. Schade-We will have to wait until the
Col Chipman-The court is not responsible
for the delay of witnesses. He knew from ex-
perience that The preliminary examination of
witnesses could progress at the rate Of twenty
| five day. Every adjournment of the court
had been of as much benefit to the defence as
to the prosecution. Some of the witnesses for
the defence have been here more than three
months, and every power which the govern
ment possesses has been employed to enable
the defendant to bring them here. He took
the occasion to say that certain parties mem
toned in newspapers, meaning Gen. Lee,
Johnston, and others, had been informed that
application would be made to bring them into
court. The record showed that every indul-
gence had been granted to the counsel for the
| prisoner both within and outside the law.
Mr.. Schade alluded to the fact that the rec
ord for the prosecution occupied $3.50 pages,
nearly 1900 of which was devoted to the pros
ecution. 1t was necessary that the defence
should have time and preliminarily examine
the Witnesses on many points involved in SO
large q mass of testimony 10 t+s*et tls2Atl55a
Several members of the Court expressed
themselves to the effect that ample time had
already been given. The Court after de.iber-
ating with closed doors, informed Mr.. Schade
that they understood that seven witnesses for
the defence were now in the city, exclusive Of
those who had been examined and discharge
ed. Under these circumstances, the Court
were of the opinion that the counsel must 60
on until the examination of those seven
witnesses were exhausted. If not the Court
would take the matter into their hands and
assign the Judge Advocate to examine these
witnesses. -
Mr.. Schade said he could not say anything
until he consulted his colleague.
s. Court--It is his duty to be here; he knows
the hours of business. The Court can't wait
on him. M e aet 80 lsas a2isiH
None Of the witnesses being in attendance,
excepting an Italian who could not speak to
be understood, they were sent after, the Court
declaring recess of half an hour. s
Mr.. Baker, after whom an order had been
dispatched, arrived during the recess.
On re-assembling, Mr.. Baker stated that all
the witnesses who had been privately exam
med had testified, and that Witnesses to be yet
examined were most important for the de-
fence, and urged that reasonable time be all
lowed them to arrange their testimony. IF it
came to the poiut that he must go ON without
knowing to what the witnesses would testify,
he nfllst give up the case; but was still willing
to do all in his power for his client
After further conversation the room was
cleared, and re-opening its doors the commits
sion adjourned until tomorrow morning. +