New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-10-09
ANDERS0NVILLE.
TIE WIRE TRIAL ON SATURDAY.
Gen. Lee and Other Leading Rebels
Not Allowed to Testify.
REASONS FOR THIS COURSE.
They are Co-cOnspiratOrs with the
Accused.
ADJOURNMENT UNTIL THURSDAY.
Expensive Witnesses for the De-
Tense.
aow tho Government Pays the
Piper.
ADJOURNMENT UNTIL THURSDAY,
Expensive Witnesses for tho De-
Tense.
aow tho Government Pays the
Piper.
sy.e,s Di,p.,ch TO The N. Y. Tribune


In the Wirs trial the Government has sub
pnsed every witness asked for by the deeuse and de-
hsyed every expense. One clerical vneSe was brought
bere from Florida at expense to the Government OF
come 81 600 who when put npon the stand. could Only
testify that be had been TO Andersoavile, had seen
Capt Wrz once received pass 20 enter tie stocsade
and preach 10 the men, and that Capt WIZ was civil
On the occasion. Another witness lady from Georgia
could only testify that Capt Wis permitted her 10 ieed
q Union prisoner. This cost Unce SAN about $1,000
To the Associated Press
WARRINGTON SsturdAy, Oct. 7, 1855;
The newspapers have made mistake IN the
name OF me DEFENDANTS witness who on "Wednesday
and Thursday testified 10 the thriving business AFFAIRS,
&c at Andersonviile. The name il George ". Feeh-
nor but u the prison be assumed that oi Charles
The morning Captain Selph reoaled, and te5ti'
6e that fthe boxes with sanitary goods Tor SOL
o4ers broken Opeu the way 70 Their
the command Of the witness win the hepei snS ~
Vicksburg ysccinacd FOR N" smallpox rt those
who had the smallpox covered sooner tieh thoe 20
had been raccinated vaccine matter Was al that lnG
very scarce in the South.
Nr. Baker pade statenen. TO the Court. and then
asked thst adjournment take place ti Thursday b
satisfied that If the time granted he could 20
matters that the business wOgd De facilitated
he ct sstifed that the8 IL tbs Judge Advocae should
should the direct eyarnatisn all the witnesses could
be examined within week.
Cu.OIel Ittpr IN SAID That that liter entirely
vithin the discretion Of the Court
The Court after voting ssid the members viii.
me- 10 ADJOURN TIL Wednesday. a. 10 o'clock.
Mr. Baker said that would not afford him sufficient
ia ehips-ri suggested that the {, adjourn IN
T uIslsy ana thai thea and tbereafei he OF without
TersTd to regular hours and thus make the Tune iosi
~ ~ adjournment over
The Court scguiesced IN the suggestion.
J'dge-Adyocate Chapman ssid tnat some Of the W.
ss.ses asked for 10y tie defense had heen suonoed n
siyertcnty While subpeDes for others Which lad oeen
iss ed we're. after further Consideration revoked.
These remarks applied certain class OF Witnesses.
which tie Court understood eDsr6ced high and prVrl'
Rnt H. the Re bel sCryiceGenk Lee and JOhnsto1,
Howell Cobb Mallory, Moore, CunmissoleT Oud. 1
sLd others Col. CLipnsn reInBi ked thet MS action
based what he believed 10 be the law on hs own
judgmPnt without ting any one and within the
discretion, he thought. by virtue OF Bis Office lie de
sired submit hs action that the cOunsc! tor tho de-
ferse may iect Or il the Ceu-. dis9pproye may tak
the natter out % his hands. lie then called the atian
ton Of the Court % decisions aud opinions with
regard 20 certain Proportions OF law spfaeAee 70 the
question now submitted IS ~ the competency Oh
oraa classes OF witnesses asked fr by tie council for
the accused saying have desire TO exclude any
evidence proper 10 % placed on record IN defense OF
The charges here laid in any way 10 anrogse or de-
tract the evidence 10 direction; but there are
reasons GOOD ia Ia and feet for excluding certain Wit
tesses and certain class OF testimony wBicn think
Etceut 70 iu6tfy the coLree CT the GoNernmeht III
liz particular. IA lO.h JoAnson, page 10 y Is decided
"ilAt party In she Indictment caunot pe wit
sss for lis co.defendant until he has first been nc
gifted convicted whether they plead JOINTLY or sep
lSey." Again. AddIsOat Reports, page ~, aye.
II crcuu stances are proved FROM which II 10 poslpic
kr The Jury 70 pre- facs amounting 10 guilt, dc
ka6aut IN en- indictment cannot be witness Agan.
N the caee Of the state Alexander G1d others CSC
ord Reports Connecticut page I'D Was decided
where the evidence ag INST OF the defends ants 1o
tot sufficient 10 convict hD the Court refused 10 strike
l name out the Indictment for The purpose OF maj
b. him witness Tor others without The assent OF TIE
Attorney General though Dc might EdYlse hlf SCOUT
tai In the text r ret StaTkies Evidence. page 49,
Oh American eoiiion) We mad y men we evidence u
efn .
a.it Of either in iOiIt Indictment one M inconpe
teot a. . wituess for another Thus an accessory De-
a,ei TACT would % incompetent az witness
K principal. and a coDsprat0r N0nd be Incompetent
y discharge Lis associates. distinction eoems "
be made between ace"mphoes ana aecessoiies Ds'Vre
after tie TACT, and consl ratort re nat Aase1 IRE
oonpetent witnesses for their associates though they
b. ,eyerel,y indicted for the otense. (otarkie
"a VOL page II. 9TH American edtlOn.) The last
lAped-to wit, secessOrIeS and ooeOnsp atore-as We
have seen Incompetent (lst vol, pfge lS). but IN
"a Haze pare lS5 several cssee are cted slowing that
Ne text 10 StaEk!c not quite accnrpte. his propo
nnon - not true whore tie ofenSe IL JOINT Without
esuing propositions clearly stated rs these think
Is safe for the Court " conclude that; first-An
principals in the irst degree-thet iA thoSe VINO
DIRECTLY perOetr6te the actaye Incompetent Second
Prnepss the second degree. actually or construct
hely present. are incompetent. Ibud-AccessolleS
before the fact whose conviction the evidence
coiyed will varrant or against whom sufficient CIR
elustanees oo.nt W guilt are Incompetent FOURTH
All coaspn 4Jors incompetent, and THIS true
n ali thess cases whether the parties be named
pocf is sufficient TO convict them. as ABOVE
stated. wita the ofenses alleged. Again. answer
hst there Ii not one Of the KeboIs whom the counse,
AN 70 subpoena witnesses who will not be compelled
btaswer his vor dire that be has CON mitted treason
@alnst tie United States His confession Ia open |
slrt according 20 the Constitution OF our country, 10
suiyalent 20 the testimony Of two witnesses. lie
aands therefore, convicted Of the CHEST crime known
Sour laws; ard eli that Is wanting 70 render him
nianous Is a formal verdict say. therefore, be
incompetent. Again TINS Rebellion has been ono
ssAntc act Of treason. one common conspiracy TO
"erthrow our Government Not single Rebel
~kaged 10 IT. according 20 the strict rules Of law. is
vnttent witness for another on trial, charged with
reasonable odenBes be ID accessory before or
.le the fact or c0nspiratOr accompa oe and
refefcre excluded. say then. until they purged
special psrdons BY general pardon Or BY aoqsittal
wore competent court one Of them ought 10 be
S!miited W testify for his associates.
ar. baker replied that when these witnesses were |,
SAed FOR be supposed they would include eIfi0v.
brown. Howell Cobb. Gems. Loe, Johnston and limbo
20 d.. Moore and Col. Ould He wanted them for
e following II was testified for the prosecu.
s"n aat Howell Cobb had nsde speech al Anderson.
're not only REASONABLE but % criminal 70 be
ort demCBiacs. encouraging the Confederate sol.
ssfs 70 murder XII our men. He proposed 70 con.
ssoIet tLk by that witness. whom he wished TO pat
son The stand under the rules Of law. Cobbs the
st evidence 10 show the words charged were never
s.Asfeo He had subpepsed ex-Gov Brown Of Georgia
sNsuy on the point about supplies, question which
-! entered into the prosecution The Government
- brought some insisiheant witnesses TO testify on
NV subject, but be thought he would take those