The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-10-23

down that the crime OF /. .,ed vh.p.
ever any one Niiully endansors the life of smother
ty any act OF emission likely 10 Kill and VII ch does
kill. II has also ben declared. on high lsga auth,
" that 10 mot essenal that the hand. OF the parry
Gent " he be proved 70 have used sny mechanical
nc ms likely TO occ sson death and shich do ultima
intent that be should sIe Il by mistake fot medlcin,
or expose him aeainst bis viii In severe scn n,
fom other .utsors. saving ,Ssi ffam tRs.o pHnei
lles y follow. thai hen We show the prisoners re-
tpopsibility for The use Of tho ch, gang and the
st"ckh and for the employment Of tho hounds VIC
.hos that every death rc-ultng from these vss
murder ni R ior vhich be i to le held Responsible.
foS ~ your minds by dwelling further upon tls oe-
The pri,cner here requested that Dr. Bates mish,
e1amine his persou in the presence OF the court TO
hnoN mat he vm physically Incapable Of committing
the acts Of murder and ii hatteiiss alleged agsnst
him. The feque,t Wa Granted Ibe President then
announced that the doors would he cloeed, and not
son Iebssa 70 sS Pqe & Rs fSa H. Fu ne,bns
promulgated.
Washington, oei. 2?.-C,p,sln wirs, -n on Sat-
urdsy examined {. 70 hi. physical condition before
the Military Commission, BY Dr. Bate. while this
~, in progress DR.. Ford. the physician At the Old
Capitol, came in end vas called TO the stand. and
testified 10 the following efcc.;
He had attendsd the prisoner since June last and
frequently examined hi. reht arm, which "a, much
srotn, inflhmed and ulcera'ed in three place.. The
aim apVeNed 10 hsve heen broken, and portion OF
much strength the aocused had but hi. condition
W" such thu, he could not inoos man down
arm without iptictine iniury upon him,eL
the bones being decsased tnecro.i,l and
h,.rm be.ns 80 seriou'ly ueefaed, Dr. Ford also
examined the ptis0uei's lefi shoulder, and found
there large scar ana one-haf Of the main muscle Of
the shoulder gone only the iIout portion being ei
Ire effect Of thi, vas TO prevents perfect elevation
Of the arm above the head, bus no maternal eject in
the inteIon OF the arm in other directions. A. Tor
instance be could movo IL from the rlboW, and
capable Of striking out With some force from that
point. Two fingers OF the right hand are sliehtly
contracted the result OF injury the nervous syttem
Both legs OF the prisoner are covered With dafk
ulceuted. There were A,o tr,ces of scuTvy
In his system. He now much pro.tr,ted,
aud In hs .. e,eni condition could not do much
violence to anyone. He vas .corbuiic. and hsa
been for GONE time. lie might push q perto
down, but could not do greater act Of yiolencs
witness, in reply TO the J1dse Advocate, said "a.
only SPOKE Of the prisoners present. condition, snd
had no reference 70 Nhst his condition mish, ,ve
vac in q better condition in 1864 than from all
Appearances. lie could not spoak With ccttsint,'
70 hat but the wound, look a. II there Ind en- an
oItensye injury TO the bones and tissues. wit aces
could not say whether the wound had ever been
healed and this ". the second breaking ont, but
when the prisoner came 70 the Old Capite his dds
we're In the same condition as a. atpgerent
The prisoner By permiss'on Of tlso Court male tho
follow ing statement:
In 1853 his health beginning to fail he ash 81 and
received turlough and Neut o. Europe, and ASet an
examination bv teyeih phN sicHns, he had ann
operated GA a. Paris aud thc doctor theie toh MIN
,hat al tn. dad hone nsd come out. lie sf,e ~ ards
vent 70 England, ami shtpp q 10 this count y, and
while shiploard his ound broke out siIe.h Us 1
ID. Bates who va, exam ned, aid be corcurred
entirely Hith pr FUla'u opinion. lie considered tho
'phuis lie certainly save indications oil symptoms
OF o. phlitic talnt.