The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-08-22
TRIAL OF FHE FIEnD wERTz

this afternoon in the Court Of Claim
: Room at the Capitol, MsjOF General Wa
lace, President, and Colonel Chipmsl
Judge Advocate.
At half past one O'Clock, Csptsih Werti
the prisoner to be tried, Wss brought int
, the room, guarded on esch size by so
dier The prisoner was requested to rise
when Colonel Chipmsn ssidi "Csptai
Wertz you are to be tried BY this mihtsr.
commission, have you any personal, opJec
tion to any Of its members p
Judge Hughes of the counsel sail n
proposed to make no objection of person
81 character. They would, however, at
subsequent stage Of the pToce eiings, asl
to be heard on the ples of general Jurls
dictioD, especially objecting TO the mode o
constituting the court, but if the prisoLe
was to be tried by Military Commission
he would as soon be tried by this one a.
any other.
The members of the Commission wert
then sworn.
The Judge Advocate then informed tbs
prisoner that he was srraign ID for trial
under the name Of Henry WertE was
that his name
The prisoner replied that it was.
Judge Hughes desired to say that the
charges and specifications were not deliv.
cred to the prisoner until yesterday P. N
and were not seen by his counsel till this
morning, and therefore they had not time
to examine them. Col. Chapman said the
counsel could ask for delay after the ar
rsignmsnt, and then proceeded to read the
charges and specifications prepared sgainst
Henry WertE, as tollowsi
Charge lst.-Mslicieusly wilfully and
| in aid OF those existing in armed rebellion
against the United States of America, on
or before the 1st day of March, A. D.,
1864, and on diverous other days between
that day and the 10th of April 1865, COM
bining, confedersting and conspiring to.
gether with Robert Z. Lee, Jas. A. Sed-
den, John II. Winder, Jas White, w. 8.
Winder, Z. R. Stevenson, Moore and others
unknown, 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, within the lines of the
so-cslled Confederate States, in the military
prisoners thereof, to the end that the armies
of the United States might be weakened
and impaired in violation Of the laws and
customs of war.
Specification this that he, the said
Henry Wertz, did combine, confederate,
and conspire with them, the said Robert Z.
Lee, James A. Seddon, John H. Winder,
Lucius II. Northrop, Richard B. Winder,
Joseph White, w. S. Winder, Il. r. Ste
venson Moore aud others whose names are
unknown, citizens of the United States
aforesaid, and who were then engaged in
armed rebellion against the United States
in rTfn1afinn
of the laws of war, 20 impair and iDjure
the health and destroy the lives by sub
iectiDg to torture and great suferings,
by confning in unhealthy and unWhole-
some quarters, by exposing to the
inclemency of winter, and to the deWs and
burning sun of summer; by compelling
the use of impure water, and by furnishing
INSULT oient and unwholesOme food for large
numbers of Federal prisoners, soldiers In
the military service of the United States Of
America, held prisoners of war st Auder-
sonville, in the State of Georgia, within
the lines of the so-cAlled Confederate States,
on or before the lst day of March, A. D.
1864, and at divers times between that day
and the 10th dsy of April, A. D. 1865, to
the end that the armies of the United states
might be weakened and impaired.
and insurge gents engaged in armed rabel-
lion against the United States might hn
aided and comforted, and the said Henry
Wertz, an officer in the military service OF
the so called Confederate States, being
then and there commsndsnt Of a military
prison, at Andersonville, in the State of
Georgia, located by the authority of the
40 called Confederate States for the con-
6nement of prisoners of war, and as such
commsndsnt had full authority and in
duty bound to treat, care and provide for
such prisoners held a3 aforesaid, as were Cr
MIGHT be placed in his custody, according
to the laws of war, did, in furtherance OF
such combination, confederation and con-
spirscy and inclined thereunto by them,
said Robert E Lee, Jas. A. Sedden, John
Il. Winder, Lucius h. Northrop, Richard
B. Winder, Jas. White, w. S. Winder, K.
r. Stavons5n, Moore and others, names un-
known, msliciously, wickedly and traitor
ously confne large number of such pris-
oners Of war, soldiers in the military ser
vice of the United States to the amount of
10000 men 10 unhealthy and unwholesome
Quarters. in 8 close and small area OF
ground, wholly inadequate to their wants
and destructive to their health, which he
we'll knew and intended, and while there,
80 confined during the time aforesaid, did,
in furthersnce of his evil design, and in
aid of said conspiracy, wllfully and mali
cicus!v neglect to furnish tents, barracks or
other shelter sufficient for their protection
from the inclemency of winter, and the
dews and burning heat Of summer, and
with such evil intent did take and CAUSE to
be taken from them their clothing blankets,
camp euuippsge and other property OF
which they were possessed at the time OF
beinp placed in his custody, and with like
malice and evil iutent did he refuse to fur
pish, or cause to be furnished, food, either
of q quality or quantity sufficient to pre-
serye health and sustain life, and did refuse
and neglect to furnish wood sufficient for
cooking in summer and to keep said pris-
oners warm in winter, and compelled them
TO subsist upon unwholesome water, reek
ing with the filth and garbage ofthe prison
and prison yard, and the ttfh and drain
age of the cook house of said prison, where
bV the prisoners became greatly reduced In
| their bodily strength, and emRciated and
injured in their bodily health, their minds
| impsired and their intellects broken, and
MANY of them, to wit, IL, 900, whose names
are unknown, sickened End died by reason
thereof, which he, said Henry Weriz, then
and there well knew and intended, and 81
knowing and evilly intending, did refuse
and neglect TO provide proper lodgings, food
or nourishment for the sick, and necessary
medicine and medical attendance for the
restoration Of their health, and die
knowingly maliciously and wilfully
end in tho fuIthersnce of bis evi
designs permit them 70 languish and di'
from want Of care and proper treatment
and the said Henry Wertz, still pursuin3i
his evil purposes, did permit to remain L
the said prison among the emsclated SIC
and languishir G living the bodies OF dea
prisouers until they became corrupt an
ioAthsome and filed the air with feted an
Ioxious odors and thereby greatly Il
creased the Embellishments Of the prlso
TO such an extent that great numbers
the said prisoners, TO wit, to the number
IL 600, whose names are unknown slcl
enek and died by reason thereof and u
said Henry Wertz, still pursuing his ev
purpose and wholly disregsrdIDg the US
ges of civilized warfare, did, st the tn
) and place aforesaid msliciously and wiltu
ly sutiect prisoners 70 cruel, unusu
and infamous punishment upon slight 81
trivial and fictitious pretences, by taste
i. ing large balls of iron to their feet Al
= biGdi1 large numbers of the prisone
! aforesaid closely together with large chat
around their necks and feet, so that tn
3 walked with the grestsst difficulty, and
~ ine, 90 confined were subjected to the bur