Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-08-30

It.Treatment of prisoners Upon
General Lee or Jefferson Davis
Ehe Responsibility for Refusing 10
Exchange Prisoners FIXED where
~ Reisng.-A mere question OF Mill
tary Policy.
WASHINGTON, August %. le65.
TEE EsD or THE TRIAL Oh CAPTAIN WRIT.
The extraordinary proceedings in the trial .
of Captain Wertz cannot have surprised your
readers, because anything, no matter how absurd
or how contrary to all Law and precedent, NAV be
expected from . tribunal which il subject TO no
rules and 20 no authority except that of the
Secretary Of War. Every Sep Of the proceedings
from the FIRST organization of the " Court" six
weeks ago, to the present moment, has been
marked by vacillation, doubt, hesitation. mis-
takes and blundess; aud each blunder has been
more ridiculous than the one that preceded IL.
have watched carefully every stage Of the pro-
ceedings, and the conclusion 10 which | have
arrived is this: That the conviction OF Captain
Wertz was quite minor consideration with those
having the matter in charge; that il was
q matter Of comparative indifference whether
he Was convicted or acquitted; that, in
the meantime, the evidence against Jeffer-
son Davis had been carefully examined.
and il was found to be of such nature that
il would neither convict him of treason nor
OIL cOmptlcltV IN the REPRESENTATION OF Mr. Lin
coin; but that after the refined punish ments that
had been inflicted on Mr.. Davis during the first
two months OF bis. imprisonment it seemed ne
ceseary. to convict him of something; and there
FORE that the greatest point In the Wertz trial up
to the Dist inst. has been to twist il into such
shape that the suferings OF our prisoners at An
dersonvile could be charged directly upon Dir.
Davis, and he made responsible for them. W men
the matter had reached this stage, the charges
~ g. L =. - j.. -
to try Captain Wertz, were drawn up, being
those published in the News OF Tuesday, charg-
ing him with conspiring with Gen Lee, with the
Confederate Secretary of War, and Others
named, TO ill-treat our prisoners The
name of Jefferson Davis was purpOsey
omitted from the list of "censpirators."
The line of tactics agreed upon was, TO prove
that all that Wertz had done, he had done in
obedience TO the orders OF the Confederate mill
tary authorities, aud the head OF whom they
would show was Jefferson Davis. IL was fore
seen that the prisoners counsel would object to
this, as Mr.. Davis's name was not mentioned in
the charges and specifications. But il wss in
tended TO override the objections, as all other
objections of the prisoners counsel havs been
overruled. They might object to anything they
pleased the utmost latitude oil Oblectng was
to be allowed TO them; but their objections
amounted TO nothing, for il was understood from
the beginning that all their objections we're TO be
overruled. In the meantime. DR.. Liebsr was
searching among the Confederate "archives" for
evidence which would show our prisoners were
ill-treated by order of Jefferson Davis. But
strange to say, these archives showed nothing
of the kind; bu. they furnish the most indubita.
BILE proof, on the other hand, that Mr.. Davis and
the Confederate Government were anxious 10
have the prisoners at Andersonville released aud
sent home, and that they would have been actu
ally released had il not been Tor the action of the
Secretary of War in stopping the exchange of
prisoners. Here was coil. For, even ii these
archives were not produced, the fact could
land it was known would be proved by the
counsel of Captain Wertz, il the attempt should
DE MADE to Try the latter on the charges ana
specifications as published. This is the secret Of
the sudden adjournment OF the Court on Tues
day, after the prisoner had been arraigned, alter
the charges and specifications had been read, ,
aud after the prisoner had pleaded not guilty
thereto.
THE COURT ADJoUENs WITHOUT FIXING ANY TIME
FOR Be ASSEMBLING.
Your readers will observe that this was the end
OF the trial. The court adjourned sine die on
Tuesday, aud when Judge Hughes, tie prisoners
counsel, inquired when IL would reasonable, he
was informed that he would be duly informed.
The fact was the officers composing the court did
not know themselves They had probably re
ceived a private intimation from the War De-
partment Of what was publicly announced the
next day. namely: That the commission was
dissolved but of course they were not going to
tell Judge Hughes that. No official notification
that the court would reassembe on the next day
edDesday) was ever promulgated. No one
knew that the court would meet on Wednesday
Judge Hughes himself did not know il. He
stated in his remarks on Wednesday that it was
by the merest accident he had come that morning
into the court room. A local paragraph of five
lines had, il is true, appeared in the Chronicle Of
Wednesday morning. merely stating that 1.-The
Wertz trial would be continued to day." but that
was all.
TUE COURT FOR THE TRIAL wERTz DISSOLVED.
On Wednesday, August 23d. the members of
the Commission reassemtfed, and the prisoner
was brought before them, as before. The very
first and only thing that was then done was. that
Colonel Chapman, the Judge Advocate, read an
order from the War Department, dated the day
before, August 22i, which dissolved the Mil i
tary Commission that had been in session on that
day, and before which Wertz had been arraigned
on the published charges and specifications, and
before which Wertz had pleaded not guilty. That
order complete in itself. IL was signed BY
Edwin VI. Stanton. Secretary of War and it had
been promulgated on the preceding day. August
Odd At the time when the Commission
had adjourned on the day before, August 22d
the members had no doubt been informed
that the order had been Issued. At all events,
when the Court had adjourned on that day, Au-
gust 22d, they we're dissolved. and had no longer
any existence as Military Commission.
TIE MILITARY COMMISSION TRIPLES WITH TIT
PRISONERS COUNSEL
Ii is true the Judge Advocate Immediately
proceeded TO read another order from the War
Department, eonvenug specisl Commission,
TO meet on that day, August 23d, for the trial of
Wertz, and that this special Commission was
composed of the same persons who had consti
iuted the former and dissolved one. But the
country will not fail to observe that the prisoner
Was now suddenly put on tris! before q new
Court, with new Assistant Judge Advocate, IN
der an entirely new set of charges and speci6ca
tons entirely different to those from which DC
had pleaded mot guilty the day BEFORE that he
Was thus placed on trial before this new Court,
and upon the new charges. without notice to him
self. and with only three hours notice TO his
counsel And even in the notice sent TO Judge
Hughes by the Judge Advocate, which be re-
ceived at : o'clock that morning, August 23d,
which contained copy OF the new charges,
Judge Hughes was informed that the new
charges would be presented Ito morrow, -
which would be August Oath, the note being
dated the same day it was received. August 90;
that the objection that had been made BY Judge
Hughes would be met to mOrrow.h and that