Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-08-23
! Henry wiz.
THE COURT RE0RGANIzED.
The New Charges and specihca-
-.. tiOns.
The Counsel for the Accused Contend that
lie has had One Trial and that Their
Relations with Him have Ceased.
HE Il ARRAIGNED UPON THE
NEW CHARGES.


UNITED STATES MILITARY COMMISSION
GEN. LEW. wALLACR, President
Cot. N. p. CHIPNAS, Judge Advocate.
The Court assembled this morning at hfteen
minutes past IL O'Clock. All the members pres
cut
Long before the hour Of opening the Court q
,arge crowd eollssted around the doors, anxious
to have the hrst seats In the room. At II o'clock
the doors were throw open, and the Court t-room
was soon filled with spectators, among whom
was Sergeant Boston Corbett, 18th New York
cavalry. A number Of newspaper reporters and
| CORES pondents were present, and occupied seats
| at the reporters table.
At hfteen minutes past eleven Col. Chipman,
the Judge Advocate, entered the room, and the
Court was called to order.
Col Chapman stated he had prepared the rules
| and regulations to govern the Court.
The Court was cleared for deliberation, At
twenty -nyo minutes to twelve O'Clock the doors
were reopened.
At twenty minutes before twelve o o'clock the
prisoner, Henry wirr, entered the room, accom-.
panied by guard, aud occupied q seat near
Judge Hughes, one Of his counsel.
Col. Chapman read an order from the War De-
partrnent dissolving the military commission
ordered to meet on Moudsy, August 2Ist.
He also read an order organizing military
| commission TO meet on Wednesday, August 23d
for the trial Of Henry werz and such other pris-
soners as may be brought before the commission.
This order details the same othcers for the
Commission az were Of the other court, and pub.
lished in the REPUBLICAN, few days ago.
Col chiP%Hn then read Letter ter, appointing
| Col. c. then said Mr.. wirr, you have heard
| the names Of the members Of this Commission,
have you any objection to any Of the membersi
The prisoner replied, he had no personal OBJ
lection.
The members Of the Commission were then
sworn In by Col Chapman, after which Col
Chapman and Major A. Hosmer were sworn as
Judge Advocates Of the Conf mission.
Messrs, Hays, Brown, aud Hincks were sworn
as reporters.
by the name Of Henry wirr Is that Your proper
namep'
The prisoner replied that II was
| The charges aud specifications were then read
TO the accused by Major Hosmer.
| Tho new charges and specifications are the
same as those published In the REPUBLICAN, Of
Tuesday, except in charge LIST; and In specinca.
tons under that charge the names Of Robert Z.
Lee, James A. Seldom, Lucius d. Northrop and
- Moore are stricken out; and at the end Of
| the charges and specifications are the words
"By order Of the President Of the United States.
Otherwise the charges and specifications are the
same, only the dates are set forth and the nun
ber Of prisoners he is charged with having under
his charge in the pen at Andersonville.
During the reading Of the charges the accused
sto ID up, with his head inclined forward.
At the conclusion, Col. Chapman said: "Mr.
wirr, what answer have you to make to these
Judge Hughes said these new charges had not
been received by the prisoner or counsel until
this morning, about o'clock. Judge II. read a
note received from Col. Chipman, dated this
morning, and stating the trial would be begun
to morrow morning, at II o'clock.
Col Chipman said the note was dated yesterday
| and sent last night.
Judge Hughes said the note was dated this
| morning and received this morning.
| Col Chipman said 1t was mistake in regard to
| date.
Judge Hughes said the prisoner ought to have
| time to plead He read a notice In the papers
| this morning that the trial would commence to-
day, and he came to the Court The professional
relations between the accused and himself had
| terminated.
He said the prisoner should have time to plead
aud prepare for 4 defence, and to consult eoun
sci, aud on the prisoners behalf he asked the
Commission to give him sufficient time.
The prisoner, without any fault Of his own
would now be under the necessity Of employing
new counsel, as he Judge Hughes) was inclined
to think that he had rendered all the professional
services required by his obligations.
It was not necessary for him to give his rea-
sons for Withdrawing from the case; but this
ought not to prevent the Court from deter erminiDg
the question or giving further time.
Col. Chpman said he would part with the gen
tlemau with regret, yet | do I feel that the
Court or myself can be intmdated by the threats
Of the retiring counsel suppose the Court will
| proceed with the case legally.
| Judge Hughes said II he had said nything to
lutfnluhto the Court ne was not aware OF H. ne
could see In the countenances Of the gentlemen OF
the Court, aud their past history, that such a
thing would be entirely useless, for they had All
been In the smoke Of battle, and he might say the
same OF his learned friend, the Judge Advocate.
Col Chapman said he wrote the note last even
| ing, and Immediately sent II to the counsel. He
had no objection to allowing the accused a rea-
sonable time to plead. He had no desire to de-
| prive the prisoner or counsel Of any rights they
were entitled to.
Col Chapman replied, stating that the retiring
counsel made a remark that he did not know II
| he (Col. c. had ever been In battle As TO that
he would respectfully refer the gentle man to tn,
records on file 10 the War Department.
Mr.. Peck said the prisoner had once been ar
raigned and put upon trial. lie was then en-
titled to an aoquittal or conviction. He though
the authorities were conclusive upon that point.
Gen. Wallace. Do you appear as his counsel
Mr.. Peck replied he did not He only SPOKE
for the prisoner, he having no counsel now.
Gen. Wallace Informed Mr.. Peck that when
prisoner appeared without counsel the Judg'
Advocate would act as his counsel.
Col. Chapman said, as the duty Of acting a
counsel for the prisoner had devolved upon him
he would ask the court to adjourn until to-mor
row morning.
The court adjourned until to morrow morning
at twelve clock.
FrI = 4 l.