, 1865-01-21
UNITED STATES MILITARY CoHluss1ox
AT CINCINNATI, ONO,
u

; lore THIS Court, against this deponent and his
telease tho rebel prisonsrs Of War condncd ~ ~
damp ni nieaF!a near Chicago BY the authority 81
and burn said city of Chica.oa conspiracy 10 sack
This deponent on his osth snys that he Ia en-
tirsly innocent Of each and gil of the m.tters d
legeu against him IN tho said charges and specfd-
cations, and never heard Of any such conspiracy
OF Ir9]cet q. set forth therein, Of any such IN
cSslacs combination a tS of e9nedesaey Of kindred
niltary authorities Of the Un,ted States, aud
charged With being party to some such enter
pIass, On the night Of the seventh day OF Noven,-
This deponcnt further saith that the great ma
3oI1ty Of h1s co-defendants we're entire strangers
lad any With }he@ on an9 1e .n nfs
)eSf Whatever, previous to fhat time.
III Inat those of tho said defenaents with whom
this defendant then bad soma slight personal ac-
quaintance, were only known to him az fellow
chzens Of Chicago, but that he never at any time
the alleged onense nor vi any Of them, NOT With
any other person on heie beha1t nor in any other
wy orr or manner whatsoever with any human being
And thle deponent further saith that he has
oes9 resident Of Chicago for nearly thirty years
has held various Offices Of trust, honor and emoiu
ment in the gift Of the citizens OF Chic1go and
Go9s % been Msyes q zaid city and
Ihat neafly az the property which this deponent
owns Is situated in Chicago, and the value thereof
ns t aS;s and which hI deponsnt
highest degree improbable that this depoucut
would coneptre to subject to the torch OF The in
eendi7ry or the tncurs1ons OF the robbcr and the
That this deponent never thought Of such an
act, ncyer entertained such an idea, nor was my
or indirectly communicated to this dcponcnt by
mortal man. And had there been, this dcponent,
a. his oath says that he would have been the hrst
pefson 10 convey information thereof to the proper
Ruthoritics.
And this depone9t tnrhcr smith that this honor
he oensc eharged hi. aeponent m IS Hsade
s.tjoas, On WIFE separate Hi IL .loTeS$ E's ~
having pe1tlnacig to the alleged charges can lie
eivcn again,t him but this dcponcnt respectfully
oa1 oat army oS}es1s to being t5isa Jointly win
he vii be greatly embarrassed and preIudiced il
h!s defense BY the admission In csIaeacc Against
With regard to whose proceedings iif any such
there we1e) this deponent wns entirely and totally
shi sees to before d B. ai $ G5sinD,t, MS5n5s
thl* 18th day Of January, 1865 (signcd,)
I q: 7: nrHxEr,
Similar pleas, differing only in personal
matters, were presented by the counsel Of the
remaining prisoners, excepting CantreU.
Khose attorney pleaded the physical disabil-
II OF his client as 8 just cause for severance,
that each Of the accused, being unknown to
the Others, would be psejudiced by united
trial. Among other pleas. Anderson. in 1,Is
request. asserted that from an early period in
September toa few days previous 10 his a.
rest, he was in the State Of Kentucky. en-
gagged in .spriyate and honorable" capacity !
with Gen. Boyle.
MI. HerVey thought it was hardly necessarr
to elaborate ut all upon the claims of tie re-
epectfve pleas, for all members Of the Court
VINO we're associated with the legal profession
"oul9 recognize the embarrassment which
would attend man tried for common crime
IL common with men whom he knew nothing
q. IN INC present case. especially, the dc.
tense required 10 exercise great care The
us,s N ~. refused to supply them with the
ance. asserting that such u revocation would
seriously jeora1dize the lives and prop
erty OF such men. If, howevcs, they
s mo been accurately informed, the character
oe only necessary to inform them what cyi-
dence Is required when The desired testimony
VIII PC evolved. He did not wish 1t to be
considered that be imputed any dishonorab!e
motlges i1Sat res to the Judge Advocate, but simply
knowledge Of the aims Of the prosecution
would be sufficient for them to swear to the | ,
iacts asserted. Regarding his client. Mr.
M:ori1e, ne was man verging on the limits of
!ale; having nearly passed the three score years
ne had been respected citizen Of CHICAGO
AaFlng heid positions Of trust of honor and
emolument. For thirty long Years he had
possessed an unstained name-a name which, r
t'sd become the synonym Of honor aud in- 8
pieion arisen against his fair reputation: Was !
It then unreasonable that he should object tn ! +
pc tried with men who he never knew. A1one ! o
I nols,analiy ne mas prepared not only to be
aTa4ned nna Tor the offense with which he was Il
bis whole life. Judge Wilson thought tie Ma e
or motion Of the defense should be eranteJ
especially as they we're almost In the dark ~ r.
cgards the evidence te be used by the prose-
'htl9n; u O1e thing which greatly Increased G.
het o1hcuy 4icr o. their position was the fact al
ca 20 deed, hut simply Of harborins an ilIc- a
~ intention. When an act had been com, a1
nltted, no false swearing on the part Of Wit ; ID
esses could do away with the bare fact Of its
.halo glss'on, @ as obvious to all; but In cases a,
held that 1t would be Very easy for the ne. ri
Using witnesses to affirm any condition nf ~
1alrd, without fear Of the broad contradic-
On g which must aw9it The fa1se:swearer in the n
[hcr case. This was reason, he ureed wiz ~
severance should be granted. So MAI cacR -
isoncr could gire his every power Of atten- sa
on 70 h's own case, without being, larassed q
watch points in the action Of co~defend- Co
Mr.; T A. Logan, on beha1fof cantrc1.s simply Sal
gea lhe TACT OF the prisoners physical dis hi
'n1ty as . cause why his trial should be-
lnsale ana deferred ior some little time.
s ls Client was too sick to move without ~. Bal
1' then how could it b expected that LEI
eTy particle Of evidence as ii was adduced
d gather from It contradictory asseriIona'
Pcints to which BY reference to counse1' T
hccG eSnn 1noba 70 hi9 adgantqge He r Logan
eoad be- see e t6e sonsot rh th
tn lie was stronger III mind and body. Pre-
8 member Of the Court suggested that the ID
a9set 5ta procure certificate Of his clients Nj
Logan replied ,hat i necessity be i Woaid re'' 81
so. Co]. jackson, Associate Judge Adyo- Ra
G, addressed the Court at some length on Cam
part Of the Government. BE held that an
su9ject as presented By the counsel for Con
asIsnse was addressed rather to the sound Pc
nr;snner, ~ tne a Gonrt than as point which Te
eIai applicable extracts from The American A,
c1oe showing TINT while it Law In The row Ia n
! J! me CONT to grant Il plea OF scycrance to ceir,
1suner jointly charged with Others in n of
ne4s TeSe ac lSe "a a% asserted that
!, Bcnet-a celebrated conmentatn, ~ ~ ~: ~;
tary jurisprudence INSERTS that in con. 1,a,,j
acy where combination Of purpose Is FIJI ~
ged, the act Of one Is the act Of each and lava,
consequently na5 a ior The court to grant the unpa
the accused. These the government 3I3 q
we're not apparent In the present in- 527'c
ce. Ths prisoners united1y affirm that 4
Cd trial viii embarass them, II the eri. Th
e they expect to be adduced appears. durin
ad no doubt Of tho perfect accuracy Of anon
statement and Thought the evidence the n
d certainly be decidedly embarrassing to perio
'sfsoner1, but that was not q Cause for $35 6:
ate trial, for he held that the embarrass- &2u3,s
would not be only individual but COL 217.Se
.e. From the athdavits Of the accused 1G,GG1
idually and the fear ali entertain to ho or to
iateQ Win lne othera. the inference Is de- princi
:! auMlssaole tnal az me accused cousid- grant
~ eac1 oRt himself ts guilty Of great and Z
nality If not absolute fascaiity. That
be perfectly correctfau. Hc would mol
i for a seTerancer Tna c"1s-a .aala ton o
1ercd not There Was one exception. Feasol
yer, which might be made and that wa DMlnt
e case Of the prisoner Cautrcll. Ehnsa tloh5
of personal illness and disability was oelny
admissible. Wishing to avoid charges
umanity, the prosecution had obtained Thu
risoner end ha rannrta geSn regarding and re-
nent vas In weak physical condition. ann;,,a
was no organic disease in Ills system ne y
nv moo,a o. be increased BY removal from Whole
nnrc srss - ~, 3u113snea with suitable Lees th,
+ a. a., aats 1ue GoFernment Lad DONE Chice
1of 1he sake Of allowing no one IL ing :
a. a4 n ol thcir want Of humanity. and nver.
X 10 GlEe every man a fafr trfni ~ Less thi
ativn tstn "onid consent that the mntfnn esslol
= ;aa'o1oey oe allowed II the Cont ~ KIT KIT a
- - tvs 1ne Others, he considered II
Ft,oa S mas1e ~, ol time and money withont
~. w accused particle. He conid ExpendI
'u"' 1oe aoFaaeed age or rospecta-