New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-10-23

do an illegal act and II the subordinate Ooey tucn az
order disastrous consequences result both tue su'
parOr and the subordinate must answer for H. zen.
Winder could no more command the prisoner TO volae
the laws Of war tan could the prisoner do so wtAou
orders The conclusion II plain that where such orders
exist both guilty. and aJodiori, when the prisoner
at the bar acted upon his own motive he was ruli'!;
You conclude that the prisoner was not one OF
the cOnspraor because he is not shown Ia have been
present and have acted with all the con
spirators II he was OF the conspiracy to DO an
Illegal thing II matters not whether he kne" Dis CO.
c0Dspiraiors or participated In all they did. IL mol
necessary TO prove any direct concert or even meeting
OF the cODeplratOrs. concert NAV he proved by evi
Of Of the acts of the prisoner with
those Of others connected by correspondence In point
of time and in their manifest adaptation 10 effect the
same object. These rules Of law place beyond doubt
the guilt OF the prisoners for in every respect
of time, and manifest adaptation 10 effect
the same object in all that lie did and
these principles apply not only to the prisoner
concurred with those OF others Of the conspiracy and
were adapted TO effect the same object. =. i.
Col. Chapman then proceeded TO notice the guilt Of
Surgeons White and Stevenson in their treatment OF
the SICK and innOculatag them with poisonous vaccine
matter Wirz standing by with pistol in hand to have
this done; all showing the wicked intent not only IN
this, but In starving to death In region o plenty
His conclusion OIL this branch OF the subject 10 as fo
lows:
mouse Of Andersonyille. Let the mouths Of those who
would defend these atrocities by rccriminat0D charg
ing the United States Government with like cruees.
forever hereafter be closed. Fort Delaware and
J0hnsons Island with their two per cent Of dead An
Jacksonville with eghtyhree per cent Look upon that
picture, and then upon this and tell me there war
design 10 stay Let no mind. be II warped ever 20
much by treason ard reasonable sympathies. doubt
this reeOfd for If damned custom hath brazed 's soul
that 1t be prof and bulwark against sense" il must
believe, 1t cannot deny these things
May Il please the Court, have done with The gu
ment under charge the first. leave il with you to
answer with your verdict whether this charge Of con
spiracy. solemny aud seriously preferred, can be init
tered away and disposed OF without d single enpana
tory line in defense place before you gentlemen on
the hand. the protestations Of this accused who
speaks for himself and his consprators OF the other
hand the testimony OF d. Bates where be declared as
YOU remember wit filte.iDg tone and feelings over
come: II feel myself safe IN saying thai - per
cent If those who died might have been saved had
those unfortunate men been properly cared for
leave 1t with you say whether the prisoner at the
bar can acqut himself his associates in crime by de-
clarng the charge here laid to be as be told you.
myth a phantom Of the brain. wild ohmera, ~ un'
substantial as the baseets fabric Of a vision.
The Court adjourned until tomorrow, when Col.
Chapman will deliver his argument under the second
charge, viz murder
wAsnISGToS Saturday Oct 81. lse5.
The Wirz Military Commission ressscmbied to-day.
Judge.Advocate Chapman Iro' ceded TO read his ar
gument charge second. alleging murder III violation
Of the laws and cu.tous OF war treating the subject u
Fra-The various cases OF death esIting from mu.
| tilaton by hOuIds
\ SteoEd-ILose resulting IRON conlnemeht an tue
stocks and the chain gang.
TArd--Tbe Of killing Of prisoners by the guards
pursuant TO the direct order OF tue accused given a the
time. u
FourtA-The cases Of killing hy the .Prisoners evs
| hands -.
lie briefly argued the responsibility Of the accused,
and sad that every death murder for which he 10
accountable. be having grossly violated tie laws and
customs of war.
Col Chpmal qnoted from the evidence 10 chow that
the crueties inflicted which had fatal result, 10 every
case where II asked 90 hold the prisoner
responsible. the testimony would lie found positive,
direct and cleaI-thereore tie Commisson were not
asked In find him guilty vague and Indefinite eti'
dence The deaths resulting from the Of the stocks
and the chain gang a. an indiscrim'nAsr pnnshment
for the healthy and the sick the strong and the feeble
and the deaths upon the pursuit Of
prisoners with erociOus hounds were but the natural
and probable Consequences Of the actof the prisoner IN
maintaining and carrying out this barbarous system vi
despotism What more natural and probable. that .
prsoner emacatcd by disease and sarN alton should
when contned TO the chain gang or We stocks dle ron
such confinement What more natural and probable
than that ferociOus dog when pursuing an escaping
prisoner should tear and mOrtally mutiate such
prisoner particularly II he were IN the deblitated con-
ditiou Which characterized most Of thr prisoners at
Andcrsonyle and when death results under such cir.
and from the adoption OF such methods OF
treatment all intention 10 kill on the part Of him who
adopts them IL the necessary and rghtu presumption
OF the law Just intent 10 marder Is conclurveiy
enforced from the deliberate use Of deadly weapon
4 Again 1t IS laid down that the crime OF murder con
sunmated whenever any one wifuly endangtrs Inc
life Of another By any act or omission likely 10 Kill And
which does kill IL has also been declared on high
v. i
Of the party should immediately occasion The death IL
IL sufficient II be be proved to have used any mechan'
zeal means likely TO occasion death. and when do
timsely occasion II. as II q nan lay poison Tor
another with intent that he should take IL by mistake
for medicine aud expose him against his viii IN a
severe season, BY means of which he dies
Co. Chipms quoted from other authorities. saving
that from these principles 1t follows that wh,n We show
tha prisoners responsibility for The use OF The chain
gang and the stocks. and for the employ ment Of the
hounds. show that every death resulting IRON these
W "A
| Col Chapman proceeded At length 10 SHOW tnht the
prisoner at the bar encouraged the guIt OF murdef
that picture Of his brutality IN the case Of The king
OF "Cbickamauga" - painted by his own bandt ana
that he gave loose Icins 10 bis debased passions
Col Chipman continued with brief analysis OF other
testimony bearing upon Wirzs cruelties IN connection
with the dead IDe, and SAID 10 would leave u W Ie
court TO arrive at their own conclusions.
Col. Chapman maintained that In eighteen instances
mentioned deliberate murders were committed by Capt
Wirzs hand.
1 Col. Chapman said in conclusion: III We had not
Travelled through the history OF these long weary
months of suffering. torture. starvation and death. We
should not have become familiar with each days woe
Of u oss who had passed away. The mind could not
contemplate this roster Of the dead without feelings oi
the utmost horror. Mortal man has never been called
10 answer before legal tribunal TO a catalogue Of
crime ike this One shudders at the fact, and almost
doubts the age We live In. would not harrow up your
minds by dwelling further upon this woefu record.
The obligations you have taken constitute you the sole
Judge both OF the law and fact pray you administer
the one and decide the other melting out 10 those In
voyed in this crime Of the universe all justice without
fear favor parality, and without regard to posi-
ton high or low. VI those proved guilty.
The prisoner here requested that Dr. Bates might
examine his person. in the presence OF the court TO
show that he physically incapable of committing
the acts Of murder and tue batteries alleged against
HIM.
| The request was granted.
The President then announced that the doors would
| be closed and not again opened to the puDhc. ,
Tie court la secret session dellterated On the case
submitted. but nothing be known OF the result until