The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-08-24

| with the case. The objections made b,
you will, in part, be removed bv the order
OF tomorrow. There remains but two
points raised by you TO be settled. First, as
to the Jurisdiction of the court, and second
the immunity of Captain Wirz, claimed
under the arrangement made with Captain
Noyes, and capitulation as concluded be.
tween johnson and Sherman, These I
hope will be disposed of tomorrow, or as
soon as we get into evidence"
Juuge Hughes said that the note was
the 49,.
Judge Advocate Chapman said, the note
was written yesterday, but was wrongly
dsted in the hurry.
Judge Hughes remarked, that he saw
by morning paper only, that the court
was to meet to day, and it was mere
accident that he was here. Authorities
were ample that prisoner should have
time to plead and prepare for defence, and
to consult counsel; and, on prisoners be-
half he aEked Commission to give him
sufficient time. Prisoner, without any
fault OF his, would now be under the ne. |
cessity sof employing new counsel, as he |
Judge Hughes, was inclined to think that |
he had rendered all professional services
required by his obligations, it was
necessary for him to give his reasons for
Withdrawing from the case, but this ought
not to prevent the court from determining
the great question of giving further time
Judge Advocate Chapman did not object
to his note being read as an official pa1er
He placed the amendments TO the CHARGES
in the hands of the counsel as soon as nos.
sible. The note was written at dark and
sent by an old and faithful orderly ana de-
livered at the Office which he supposed the
gentlemen occupied during. the day, but
they might have been out at the time. he
had nothing to say sgsinst q proper ad.
lournment TO enable the prisoner to pre-. |
pare for the defence. He should certainly
part from the gentlemen with regret, yet t
be did not feel that either himself or the
court ought to be intimidsted by the threats {
If the counsel, if there were any hard t
grievance. He supposed the court would q
proceed properly and legally. He propos-
ID to curtsil no right Or cut off any privi.
eyes to which counsel are entitled. He left q
ne question of postponement with the o
,ourt. q
Judge Hughes remarked that this was a o
lew court just brought into being. The il
ourt would not subject the prisoner 10 the Il
ssdvantsges of the reorganization of the 8
ourt and deny him the benefits which il
1lght result from it. This court knows s
othlng of other or former charges. Ifhe
ad said anything calculated to intimidste n
ne court, as intimsted by the Judge Advo-
ate ne was not aware Oft. Even had he
cen 30 disposed he would have had an ad- 10
lonltlon In the countenances of the officers III
imposing the court and the past conduct
these gentlemen was an evidence that it 81
ould be labor lost; they had been in the a'
noke OF battle. Perhaps he would make w
Similar remark about his friend the Judge Ia
dvocste, if he was aware that he had ever sh
ZEN In battle, but he had not heard of it. lel
Mr.. Peck, one of the counsel for the de- al
nee suggested to the court that the recent sn
ton would bring up an entirely new Ity
lss of defence and would necessarily take m me
more time. St
Judge Hughes here took up his hat and the
acing pile of law books under his arm.
liked out of the room. gel
Mr.. Peck said as the prisoner had once COL
an arrsigned and his life placed in ieop-
iy, he was entitled to an aequittaI or .
81 on the former charges. He believed I
1t authorities, both civil and military, NO,
re conclusive on the point that if not -
ID the prisoner, under the circumstances, st. g.
s entitled to all the benefits of an &C. LEE Ice
ttal. I'sL
rhe President of the court inquired of "a
. Peck whether he was still in court in az
relation of counsel Sa o.,
dr. Peck replied that he was not. " ~
The President said that the Judge Ad- oo ..o
"a MAJ r. ~-4aE - = - WI
endant, the gentlemen and his associates via
ing withdrawn. Mil
udge Advocate Chapman said as the re- 7
visibility of appearing for the prisoners ora
now attached to him, he asked an sd- les
rnment until tomorrow. He was not =
mindful of the rights of the prisoner.
regretted the retiring of the counsel a
lge Hughes had left on record the re. I
* that he made no sllusion to him as q has
lier, not being aware that he had been din
oattle. In reply to this he merely re- pea
ed to the official record on file in the 1856
IT Department. the
he court the adjourned until IL o'clock a
morrow.