Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-09-28
The Wirtx Trial

|
Mr.. Baker asked him whether he heard
Gen. Cobb, in his speech at Andersonville
make use of the remark attributed to him
by the witness Walker.
Judge Advocate Chapman objected to the
question for reasons which he stated. The
objection was sustained by the Court.
The witness then testified that he hear(
General Cobb make speech about the 4tl
OF March, 1865. He could not precisely re-
late what the General said, but his address
was more to the Confederate troops thar
to others, as there had been great disaffec.
ton in the camp, and the men were con.
stantly deserving. He insisted that the
soldiers should do their duty.
Question by Mr.. Baker-Did you or not
at that time, hear Gen. Cobb make use O.
any language ..a
Judge Advocate Chapman here interrupt.
ed Mr.. b., and requested that the question
be reduced to writing and that the witness
retire, which he did. s. af| a7
Mr.. Baker--d regard this proceeding as a
personal insult to me.
Col. Chipman replied that the practice
was not unusual, and that it was great
insult for the counsel to insist npon asking
improper questions.
MIR. Baker-The witnesses for the Gov
ernment have day in and day out been ex-
amined In the presence of one another, and
now that those for defense are to be exam
lned counsel are required to reduce their
| questions to writing, and their witnesses
ordered to retire till this is done. If this
is insisted upon by this Court must stop.
The Court remarked that Mr.. Bakerltook
an unfair view of the subject. The Judge
Advocate did not ask him to put all his uues-
tions in writing, but only this one.
MIR. Baker-I never made such request
when the witnesses for the Government
were under examination. ~,
Chipman-If you did not do your duty
that is no reason why should not do mine.
The Court to Mr.. Baker-State what you
| want.
Mr.. Baker-I must reply to the Judge
Advocate first.
The Court-We don't want any speeches.
Let the room be cleared.
| When the doors were reopened the wit
ness came in and the President of the Court
read.from De Hant's Military Law to show
that the Judge Advocate was justified in
the course he had taken; besides, when the
Judge Advocate anticipated question of
leading character he had right to require
that the question be reduced to writing and
submitted to him. He was right either in
| asking that the room be cleared or that the
| witness temporarily retire.
Mr.. Baker-To that have no objection.
The Court-That settles the point.
MIR. Baker-But l object to the witness
being again sent away.
The Court-The witness may be again re-
| quested to retire and questions ordered to
be reduced to writing if it should be Thought
| proper to do so.
| Mr.. B.-Before doing so the Judge Ad-
vocate should hear any question that is
| asked, or give notice that lie will make the
request for questions to be reduced to
writing and witness to retire. The Judge
Advocate may suggest as gentleman.
The Court remarked that they would take
care of their own honor and dignity.
Mr.. Baker-I do object to sending our
witnesses away. The question is very well
settled. ..
Mr.. Chipman-I said Col. Tanning will
please retire.
Mr.. Baker-I ask the same civility that
| extend to you.
Mr.. Chipman-Have not done it? =
Mr.. Baker-I do not think so, although /
know your heart is good in that respect.
Mr.. Baker waived his question. Col.
Tanning was then further examined in ref
erence to affairs at Andersonville.
Col. Chapman read to the Court the fol.
lowing letter addressed to him:
OLD HOSPITAL PRISON,
WASHINGTON, Sept. 27, 1861
D Sir: Your communication dated the 26th
inst, in which you state that the counsel
for Wirtz stated to-day, in defense for his
giving money, &C., to the prisoner to pro-
cure something to eat, that he could not get
at the Old Hospital three things that he
needed, intimating that he is not well cared
for by you [mel, and requesting me to re-
port just what he receives, is received.
have thehonor to inform you that in re-
gard to Wirtz, he is treated in every re-
pect as leniently as is consistent with
his position and compatible with nv
duties. He is furnished with cot and bed
ding such as are used in the United States
Medical Department, furnished with amos
quito bar. If he does not wish to eat prison
fare he is furnished with the same rations
allowed to soldiers of the United States
army, with the addition four times per
week of the principal fresh vegetables in
the market. If unwell he is supplied
with such diet as may be prescribed
by the surgeon of the prison, which
is procured out of the prison fund.
He is also permitted to procure such
edibles as he may be able to purchase.
He is also allowed any books that can be
procured. The only restraint to which he
is subjected is that upon his liberty, and
such precautions as will preclude his COM
mitting an injury to himself. l think if
Captain Wirtz is interrogated he will cor
roborate this statement.
Very respectfully, your obedent servant,
-f..g d. GEO. WEST,
M Capt. and Mil. Supt. o. c.
To Col Chipman.
1t will be recolleeted that Col. Chipman
yesterday called attention to the fact that
Mr.. Schade, one of the counsel for Wirtz,
had received two letters from the prisoner
for delivery to his wife. and had spoken of
such proceedings as improper. He to-day
read to the Court one of these letters, as
follows: .3 l1,t st.t
Il OLD CAPITOL PRISON, Sept. 26, 65.
MY DEAREST WIFE: have been hoping
to see you on Sunday, and also yesterday.
God only knows how, wish to see YOU,
Lizzie. i have one thing to ask of you, and
do 1t Immediately If you can. Send Mr..
Schade $40; 1t is for certain purpose. |
send you an envelope directed to him. Just
put the money in. You need not write. Ali
that itrequires Is to put postage stamp on
1t and send it of. am somewhat better. |
L hope to see you tomorrow.
= li9. Yours, 1.i ''-f Fl. WRIT.
Mr.. Schade remarked it was true he took
the letters from the prisoner to be delivered
to his wife, but knew nothing of their con-
tents. Heeertainly acted with an honest
intention. lgbr n Rl2, - sGlJ ~ z |
! The Court was cleared for deliberation,