Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-08-21
Arraignmsnt Of the Prisoner
HIS PERSONAL APPEARANCE
The Charges and Specifications.
IIc Pleads 10 the Jurisdiction Of The Court
HE FLIES A,DEM u II
He Claims Protection under Johns'on's
Surrender and under n spe- ..
cial Bargain.
FIR ST DAY.

Inc tflhi OF HENRI WlHA, lHe Chrthlu IN the
rebel army, was commenced to-day before the
Commission, at Its rooms In the Capitol.
Gen. q W. DENVER, Judge HuaHEs, CHARLIE
p PECK, aud LEWIS scHADB appeared rs coun.
sci for the accused.
By Special orders Of the War Department, No.
40, dated August 10, 1885, the Commission for.
msriy appointed was dissolved and now one
reappointed. This Commission is composed Of
the same officers already published, except Brig.
Gen. FRANCIS FEssgsDEs, who takes the place oi
Brig. Gen. USDERwooD, who was relieved and
Col. N. p. CHrPNAS is appointed Judge Advocate
Of the Commission.
At twenty Ave minutes past one o'clock the
prisoner was brought into Court accompanied by
guard. lie was shown to seat between two
Of his counsel, Messrs. HUoHBs and PICK. Col.
CHiPHAN, the Judge Advocate Of the Commission,
then arose and said:
Captain wirt you are to be tried by this Com
mission. Have you any objection to any Of the
membersf' Leo.
Col. c. here read the names Of the members Of
the Commission. .. '.' i.r.
the prfsoner, said 1.-THE prisoner has no objec.
tion as to the personal character Of any Of the
members Of the Court. They would, however, at
aproper time, object to tho general Jurisdiction
Of the Court and especially object to the mode Of
constituting the Court But II the prisoner was
to be ,rled by military commission, he would
as soon be tried by this as any other.' DO.
The members Of the Commission were then
sworn by Col. Chapman; after which, the Presi
dent, Maj. Gen. Wallace, administered the oath
to Col. Chipman, the, Judge Advocate.
Messrs. Hays and Brown, the ofhcial reporters,
were then sworn by Col Chipmau.
Judge Hughes said the charges and specihca-
tions had not been delivered to the prisoner TIL
vaalardau IN ha1 nnia
them until this morning, aud he would ask that
the prisoner should not bb fequired to plead i'm
mediately after the reading Of the charges.
The Court decided that the accused should be
allowed a reasonable time to plead.
Col. Chapman then said "You are charged by
the name Of Henry wirT Is that your proper
namef'
The prisoner replied It was.
The charges and specifications were then read
by Col. Chapman, Ss follows;
CHARGE l.-Maliciously, wilfully, and traitor
ously, aud In aid Of the then existing armed re-
bellidh against the United States Of America, on
or before the ist day Of March, A. D, 1894, and on
divers other days between that day and the 10th
day Of April, 1899 combining c9hfederating, aud
Seldom, John II. winder, Lucius d. Notttrop,
Richard B. winder, Joseph White, W. g. Win
der, r. X, Stevenson, = Moore, and others un-
known, to inJure the health and destroy the lives
Of soldiers In the military service OF the United
States, then held and being prisoners Of war with
in the lines OF the so-called Confederate States
and In the military prisons thereof, to the end
that the armies Of the United States might bo
weakened and impaired In violation Of the laws
and customs Of wsfr
SPECIFICATION. In this that he, the sdid ienry
wirZ, did combine, confederate, and conspire with
them tho ssia Robert I,s = sanies g. sssfdOS,
winder, Joseph white, W. s. winder, r. X. Sic.
yenson, - Moore, aud others whose names are
unknow citizens Of the United States aforesaid,
and who wef5 then engsged tq armed rebellion
against the United States, iiisiicloSsls, tsator.
ously, and in violation Of the 1aWs W Var, 20
impair and injufe the health and destroy the
liyes-by subJecting to torture and great nering
by condning In unhealthy and unwholesome
Ss sss 2 uaS sS Of wS
BY compelling the Use Of IMPURE water, apd By
furnishing ihsuficieht dnd uhwhdlesome food
Of large numbers Of Federal prisoners, soldiers
in the military service Of the United States Of
America, held as prisoners Of war at Anderson
Vile, in the State Of Georgia. within the lines OF
the o-called Confederate States on or before the
hrst day Of March, A. d. 1894 and at divers times
between that day and the tenth day Of April, A.
States might be weakened and impaired, and the
insurgents engaged In armed rebellion against the
United States might be aided and comforted And
he, the said Henry wirr, an officer in the
military service OF the so-called Confederate
States, being then and there commandant OF a
military prison at Andersouyille, In the State
Of Georgia, located by authority Of tho so-called
Confederate ststes, for the confinement Of prison.
ers Of war, and as such commRndant, fully clothed
with authority, and in duty bound to treat, care,
and provide for such prisoners held as aforesaid
as were or might be placed In his custody, Ac-
cording to the law Of war, did, In furtherance OF
such combination, confederation, and conspiracy,
and melted thereunto by them. the said Robert
Z. Lee, James A seddon, John II. Winder, Lu-
cius d. Norshrop, Richard d. Winder, Joseph
White, W. s. winder, X. X. Stevenson, -
Moore, and oilers whose names are unknown,
maliciously, wickedly, and traitorously conhne
a large number Of such prisoners Of war, soldiers
In the military service OF the United States, to
the amount Of thirty thousand men, In unhealthy
and unwhoiesome quarters, in a close and small
and destructive to their health, which he we'll
knew and Intended and while there so confined,
during the time Aforesaid, did, in furtherance Of
his evil design, and In aid OF the said conspiracy,
wilfully and maiiciously neglect to furnish tents,
barracks or other shelter sufficient for their pro-
lection from the inclemency Of winter and the
dews and burning suu Of summer and with such
evil intent did take and cause to be taken from
them their clothing, blankets, camp equipage, aud
other property OF which they were possessed at the
time Of being placed In his custody and with like
malice aud evil intent, did refuse to furnish or
cause to bo furnished food either Of q
' health and an sustain life; and aid SSasS refuse
aud neglect to furnish wood sufficient for
cooking In summer, and 70 keep the said pris. q.
oners warm in winter, and did compel the said
prisoners to subsist upon unwholesome food, and
that in limited quantities entirely inadequate TO
sustain health, which he well knew aud did
compel the said prisoners to use unwholesome
water, reeking with the hlth and garbage Of the
prison and prison guard, and the otfal and drain
age Of the cook house " said prison, whereby
the prisoners became greatly reduced In their
bodily strength, and emAciated and injured in
their bodily health their minds impaired, and
their intellects broken and many OF them, 10
tUii iha N n mbaF ~ ten thousaOd whnHa
are unknown, slckened and died by reason there :
Of, which he. the said Henry wirz, then and
there well knew and intended; and no knowing
and eVilly intending, did refuse and neglect 70
provide proper lodgings, food, or nOurishment
fJf the sick, and necessary medicine and medical
attendance for the restoration Of their health,
AID did knowingly, wilfnlly, and inaliciouly, In
furtheranoe Of his evil designs, permit them to
lRnguish and do from want OF care, and proper
treatment; and the said Henry WirI, still pur-
suing his evil purposes, did permit to remain in
the said prison, among the emaciated sick and
languishing living, the bodies Of the dead, until
they became corrupt and loathsome and filed
the air with fetid and noxious exhalations, and
thereby greatly increased the unwholesomeuess
Of the prison, tnsomueh that great numbers OF
said prisoners, to wit: the number OF one thou :
sand, " hose names are unknown, sickened and
died by reason thereof:
And the said Henry wirl, still pursuing his
wicked and cruel purpose, wholly disregaTding
the usages Of civilized warfare, did, at the time
and place Aforesaid, maliciOuSly aud wilfully
subj ecI the prisoners aforesaid to cruel unu sua
and Infamous punishment upon slight, trivial,
and fictitious pretences--by fastening large balls
Of iron to their feet, aud binding large numbers OF
the prisoners Aforesaid closely together, with
large chains around their neCks and feet, so
that they walked with the greatest dihiculty /;
and, being SO confined, were subjected to the
burning rays Of the sun often without food or
drink for hours and even days, from which said
cruel treatment large numbers, to wit the nun.
ber OF one hundred, whose names are unknown,