Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-09-25

uHIll bO-udy, UccH kepJ from MS COunSel Dy
the Government. He has witnesses, like
the Government, in all portions. Of the
United States, in almost every State and
yillagein the country. Someof them have
come at his request, but many more are kept
away, even after being subpened, by rea-
son of their want of means to come. 9th
ers, again, write and say, "We have seen
the charges, and we can say, from our long
stay at Andersonville, that such and such
charges are not true, but we have no
means to come unless you senG to us the
places of residence of others who are near
est" Important witnesses are known. but
they can only be caught by sending mes
sengers to find them out and accompany
them here. But this is not all. Some who
have already arrived have, from the neccs-
stiles eff their families and the difficulty of
meeting their expenses here, left and gone
away, while others have been retained only
by advances of money made BY couii-
sci themselV es. Other witnesses,
again, write from distance under iic-
titious names, asking if they will be pro-
tectei If they should come to testify.
Others, who are most important witnesses,
will not come unless at great expense to
bring them here. Then there is sickness
and misery struggling against opulence
and power. Here is ahject poverty strug-
Cling with untold millions. Here is a poor,
destitute, distracted .and shut-up prisoner,
with powerless and inefficient Counsel, en-
deavoring to compete with all the ability
and power and means that the most power
full Government in the world can bestow.
Duly, gentlemen, again say, that we, as
his counsel, in all our good intentions, are
but presumptuous In endeavoring to defend.
We in our weakness do but insult the maj
esty of our Government when we attempt
so much. For these reasons, then, 1 ask
that this court give us at least until q week
from Tuesday before we enter on the de-
tense. If, during the meantime, tor the want
of means, we cannot get together the dis
family separated elements of our defense,
1, for one, | fear, shall feel it my duty to
relinquish entirely. Lest any misconstruc-
tion be put upon my language, and it be
said want confidence in our cause,rI be-
lieve that Capt. Wirtz has good and COM
| plete defense.
Col. Chapman said the last remark of the
gentleman was an insult to the hundred
| soldiers who had testified in this case. 1t
was, in effect, charge that they had testi-
| fled falsely.
Mr.. Baker replied that there could be no
such inference drawn from his remarks.
He would say the proportion called could
not make the horrors of AnderSonville too
bad by the tongue or pen OF any of the witt
nesses. We may admit everything charged
to have been done, bnt we may also deny
that Capt. Writ did it,. ~ .,..
Colonel Chupman-If you had witnessed
| the closing here yesterday you would not
have just made the speech you did.
Mr.. Baker, reSuming, said he believed he
could produce witnesses to disprove the
charges of barbarous cruelty having been
committed by the prisoner in August, 1864,
when everybody then at Andersonville
knew he was then at home, lying on his
bed, expecting to die. Other witnesses
swore to those things as having
been done by Captain Wirtz
believing it to be true, yet nothing was
more common in courts than to enable the
defense to show that the accused was at the
time miles away from the place. He charg-
ed nobody with falsehood, but if he could
prove that any of the witnesses were mis-.
taken, he ought to have the opportunity to
do so. 1t would be an hoaor if the counsel
could show that Witnesses were mistaken in
any of their statements. He thought every
court would rejoice in believing the atroci-
ties were not committed by this innocent
man.
Major General Thomas said Mr.. Baker
had drawn comparison between the pow
er of the Government and the helplessness
of the prisoner. He believed that every
thing had been done by the Government to
assist the defense.
Mr.. Baker-We admit it.
Gen. Thomas-YOu cannot expect the
Government to pay your expenses.
Col. Chipman-The Governmentpay cit.
liens as witnesses So a day and their mile
age. ..-s.--.,. ~
Mr.. Baker-The Government, admit
has shown commendable disposition.
{ Col. Chipman--l felt bound by my own
honor to make the remark | did, in justice
TO the witnesses.
MIR. Baker-I made no insinuation in any
way. respect my Government and those
governed under it too much to treat them
improperly. If | should say something
which may be disrespectful, the amenities
of the court should be extended to me, in
order that harmless meaning may be at
tached to all | say.
The court, after deliberating with closed
doors, announced their decision on the APP
plication of counsel, namely, overruling
the motion for adjournment for week
but agreeing to adjourn until next Tuesday
morning in consideration of the delicate
health Of Mr.. Baker. The court then ad'
Iiourned till Tuesday morning.