New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-25
THE TRIAL OF wlRz'
TROUBLE ABOUT C0uNSE"
pleas IN DE E IS t.
The Jacksonville Cemmandant
Examined.
THE AUTHORITY OF W'Rz.
THE DE A ID L 1 N T. /.
How seventy.fve Per Cent Of the Lives
Might Have Been Saved.
THE DE A ID l. L N r
WARRINGTON, Thursday, Aug. "a, 1865.

Tho Wirz Commission met at noon. Judge
Advocate Chpman asked the prisoner if he had coun
%, Louis Sohade esq. begged permission 70 make a
.-.onal sYnanatoD he said he had been engaged as
eornsel with Messrs Hughes Denver and Peck. Those
gentlemen had had the case in hand three or four
weeks but he was not fortunate having been called
In az late hour. They had withdrawn and leit Sim
III alone Why they had abandoned the case was wen
lnovn TO the gentlemen OF the court.
Maor-Gen. Wallace replied that the Court dld not
know nor was il necessary that they should Know the
reasons. ,, - ,u,oa
them il had not been be had regard for his honor
Bot being adopted citizen, Ike the prisoner ne
never would fOrsake one so helpless, especmly as
he believed from the testimony ID his possession
that the defendant innocent be was ri the same
fre fully convinced OF his inability alone 10 compete
With the array of talent the other side. he fuly
APPRECIATED the mOmentOusnesS OF the issue al STAKE
ana the high responsibility which rested upon nm.
For the reasons just stated, he asked ihe Court or
posponement OF the trial for eight days, so that the
prisoner might procure additional counsel and that the
latter might have opportunity and time enough 10 IN
oure into the facts OF the Believing as ne dld
that justice and right were the chief ingredients OF
American liberty and that under the Government ana
under the present enlightened statesman who now con-
irOled the destines of the nation no citizen however
humble should be deprived Of the right Of fair and
Impartial trial The present excitement will soon pass
away and, if we 90 a harsh thing now history, the
great and impartial Judge viii soon punish US Tor the
wrong. :,
Judge Advocate Chapman said the Court were well
aware that the gentleman WHO mad JUST addressed te
associated with the retiring counsel for some time
could not therefore be properly or safely presumed
that he uniformed OF the proceedings and facts IN
the case The Court bound 70 believe that he was
prepared and to go with this trial He thought the
Court should come 70 an issue today and that the prls
oaer should be called upon 10 plead. He did not ask
that the prisoner should be urged hasty trial But
the counsel fully informed Of the theory OF the pros
ecution and to what would he brought out in proof
against the prisoner. He would not argue the motion,
ait presented itself TO the discretion of the Court
Mr. Schade appealed TO the generosity OF the Court
fer posponement, and hoped they would appreciate
his position and the responsibility resting on him.
The Court by vote decided against the motion and
that The prisoner should al once plead.
O. 5. Baker. esq, who was in the courtroom, Volnn'
tered his services assistant counsel for the defense
M Schade then presented several pleas. First:
That the prisoner i entitled TO his discharge IN eonse
Breyet MaJor.Gen. Wilson. IN command at Macon. Ga
that be- Wrz. would accompany him to headquaIteTs
ier the purpose of giving certain iniorman0n
lie sAOald not be arrested or held as prisoner Inc
accused accepted the offer, and claims 10 nave
beer since held in violation Of the pledge
oilis personal liberty. Second-Ihe prisoner denies
the Jurisdiction OF the Court 10 try him on these charges
and speeifcatons Ihird-The War is ended and
civil law restored and there is no military law under
which be can be tried Fourth-He moves to quash the
charges and specifications upon the ground OF the
rsgleness and indefniteness concerning the time.
place and manner Of the ofenses charged. Fifth
That the 2lst of August 1865 lie arrsigned and
ps on Trial on his plea OF not guilty 10 their charges be-
fore military commission composed like this; that the
Commission was broken W without his agency or con
been once put in jeopardy Oh these charges, the
prisoner claims that he cannot be arraigned
again as before, but is entitled 20 the beneht
ofan acQutta. Sixh-He claims that he should be dis
charged because be officer Of the s0caled
Southern Confederacy and entitled to the terms agreed
fotetween Gems. Sherman and Johnston, which were
complied with by him. and in accordance with which
he made TO give his obligation writing not TO take
~ arms against the Government
NJ. Sehade said they not disposed TO discuss
tlese pleas now; but wished them 10 60 over TO the
maj argument
Judge Advocate Chapman desired that the gentle
men, If they had anything TO saw TO do so now There
was bat one plea-the question Of jurisdicton-which
could properly 20 over The Others constituted plea
II bar and should be decided before the Court could
hear the 1t proper that they should argue all
al this time except the plea of jurisdiction.
NJ Schade said that If the Commission insisted on
he ment before proceeding iurther he must ask for
IN adjournment until tomorrow so as to afford the
counsel Mr.. Baker who had just come in, Oppor.
unity 70 examine the case.
M Baker said that as it was but a moment since he
had anything 10 with the the Court would readily
zee tia; be could have no information as 10 the pleas
put IN or the charges against the prisoner He had not
tven read the charges. He almost inclined 10
rt 80 on in view Of the changes and delay that had
Already taken place but he could not think
le would be doing his duty to the prisoner
islal no, read This was grave oGense charged; it
might cost the prisoner his life; and after the sudden
termination Of the case yesterday, and he might say
tVntrsaul', they ought not 10 without afOrding
nne 20 the counsel II, however the Court decided il
n 70 be proper 10 adjourn day he would pro-
>'tu 10 argue the case 10 the best OF his AFFINITY.
4Ae Jldge-Adyocate remarked that the leading
.unts vas present al the previous arraignmen and
nsst be familiar with the case.
ar bsher, resuminc, said the principal plea 10 be
Neeusseu was the motion 10 qudsh the proceedings
S1seldence OF yagGenes3 and indefniteness OF the
s-siges and specifications The Court, however,
=. gong 10 discharge the prisoner on a technicality,
@ soald 1t convict him SUCH and with the Cort's
sen he would let the argument Of the go over
1e,l ihe close OF the case.
The Judge Advocate insisted that the defense sbopd
s.e Up The plea now
M schade said he would waive argument and Join
W ~ once on the simple plea OF Not Guilty.
BAKER said he was also ready put in the plea
egl'y alone If the Court would let the argument
rs te peas 90 over and thus not waste time.
ine Judge Advocate stated he wonld enter n de.
ns 70 ,le pleas interposed with the exception Of
"s pleas ofjurisdction.
,oi'. e President Gen Wallace asked the Judge-Ad.
Helts demurrer ~ f ~ ~ "
yysuse- Adyocate-Yes.
il v1;F Iesident-A demurrer is not known in a court
~s1ines OF civil courts w. w.
revse Advocate accepted the suggestion and
81 j,r.SsIai me pleas with the exception OF that Of
81 'waStion be overrued
a, Baker hoped that If the (,ourt nassoa NJ al,
II vf,,as peas III would do so without argument
rorS VI oral by the Judge-AdyOcate as the counsel
tey Wv aaDIe 70 answer them in short a time as
81 H. Yls 70 argne the pleas.
ton S said that after making that mo.
tina, ipoed ne had the right TO mention his reasons
Vote was sl se De placed properly on the record
srslon Tor the Judge Advocate 10 nroceed in b
ftent Oh the motion 10 oyerrnlo " ~
Ton n Ae'ocatc said that aside from the ones.
II toas T;s uoh tlere remained really but four cues
N VA A motion TO quash the charges and
for vagueness and indefniteness tha
pfeyions "au Already been decided by the Court ON a
apon the VIte;@soD, he would not make any remarks
81 The ao!ect stcoRd That the court constituted
ease ssue members having taken eoopiyance of ,b
his lie M, nc prisoner having been once arraigned and