, 1865-01-23

court were present, also The Judge Ad yocate, hi
asseeiate. The accused and their counsel. The rc
cor6 Of Jesterday's eesRlon IVES read and approved
he Judge Advocate informed the Court that h,
h3d received az order from Major Gen. Hooker
s5rense n 9ta, was sn
and requiring him to state the reasons for hf.
abeence to headquarters, and also state the an
81 ses1de faf ea5 IT, st Then
Col: Spooner did not know Why be should be- &C.
Iected as victim. The other dsy when Col. Mnr
notice was taEsn ol tfo affair 5nt II bis sase an
exception had been made. After some other re-
marks The matter dropped the officer preferrina
nee E S1cadhesSa c.dpS to a bsS S 81
wished to have the attention Of the Court for =
moment lie moved that throughout the trlal The
10 evidence in the public
MI. Herrey saia mat the importance Of the mo.
aon would readily be seen upon consideration.
N eases ofso serious nature tho present. It Is
ron The room during the examination Of one Of
mem, Ae reason beng to prevent one from hear
public prints h]azon abroad every day all that had
passed II the pregions session. In the trial Of
LAT ths a1d
soeiate Judge Advocate in this case, supported
ard obtained ths pa:sage e ths prohibition and
On ths S.p1isS the
ofa military court was similar to the United
| States Courts whose doors we're afyFays open cx.
cent upon special occasions. It is true that the
pa6e 4 f hs ns' I'd
1ns il rs se sefea ssPf5s # 5 I'll
velopnent to the people OF the whole affair." so
thst ths tP Pphlie could sec s!eEy phase Of e PLOT
terror throughout every guilty mind in the iand.
The case was already pn6lic property, The A.
reste bad been pub1iihed IN the pspers every
rsen nS0f If eea hardly 30
readine the previous Testimony, were in sense
&c Il as & 0e @ @ey ets9a sS
but as TOT the prohibition Ofcpmmou Newspaper
reports, he could not see the utility Of tho act ~
= the Mitpesses E ws,e 50 INCLINED they could At
Court communicate all that had transpired, or ali
that they had testified. The publication OF the
iasts Il correctly published, esad DO 70 injury to
were guilty, the interests Of the Government and
a M ohod oa
lish fnee and gaEbled reports but it IL better for
them to have an open court to convince tho people
their de1fberaons. He BELIEVED It Would VI fPlhe1
the inte5ests 81 tho accused, especially T. theis
Nj. hervy replied that al this may be very true,
but|fthe defendants themselves do not object, he
could not see why the Government should; The
ne:fes viii % 5e Of 10 an W unreliable I Character,
and DO earnestly Trusted that ths motion would
tween the Witnesses, he Court might pass an OF.
der binding them to silence, aud punish them for
Its breach. 4 they violated i, they would be
wh. le Of their testimony might be rejected.
The Judge Advocate remarked that In The Hart
Case which had been cited, the plea presented
AZ 4a+o1 IN ANfex~
government ani one Of is servants. Such IN ob- Oh
lection did not exist here That aingle instance
wa wa, The only one whieh had ever come under hLs
The Court was then cleared for consu1tstion,
On Its being Ee-opcned. nfter nearly quarter Of
an honr, The Judge Advocate announced that the
lieving that Il innocent, publicity Of the testl-
mony wculd be to the interests Of tho accused,
while y they werc guilty, iu suppression would
A*'oofe' Her!ey nc s'nent; ;Ren moved that IN
order b isspet forbidding Witnesses from reading
the testimony IN the newspapers, and from any
communication On The subject Of testimony be-
Major Burnett ithopebt t would be hara, prac.
tieab,e 70 f:.ue such N order. Many Of ths Wit:
know Of tha fact themselves, and be did not pro-
pose to tell them until he required them on the
effect sna
violated II. nothing wonl1 be said to him, but It
could operate ineases where awt1lfol violation Was
The court then retired for dellberation. They
decided that the order ehould be Issued, and that
the Judge, Advocate shall apply 1t so far as he
thinks Will be conducive to the iatsresta Of the
Major Burnett stated that be vas ready with the
testimony for the people. He would request all
but ths one he required ,9 s.,s The
upon the stand was John T. Shanks.
The witness, we'll built, intelligent looking
yeEDg man o. sope twenty seTsn s q, q sight years
President Of the Commission. and in the immsdi-
ate vicinity OF the accused and their counsel. He
was sworn by the Judge Advocate and testified a.
ny name Is John 7. Shanks, and reside, when
at home, At, Sacogdoches. Texas. For the last
army, which entered IN Apfil, ISL, ii Ausan,
Te1as, under Nccu1loch. / enlisted for three
years, though during part Of that time was .
thoriucs. Previous to my enlistment i was mer-
buckingham, Ohio. when under Gen. john Nor
2I the % o1 i
maincd Till the 17th Of August when, with 9TH
en-, Tas removed to Camp Douglas, II chicsgo:
Captain. Part Of the time l commanded con.
tsrJ under Gen: price.. have remained Al Camp
& toof he oh
ance to The United States government. NJ sp-
plicatton 10 DO 50, had made in June at tho eI-
amy a / applied 10 " General ( hoamsn M through
Lieutenant Colonel Skinner. commissary q
Prisoners It Camp Douglas. Willie In camp I
other prisoners. l occupied po,itfon a. clerk
In The Post Surgeons Depar tment and during the
day was allowed to so into tho garrison square,
described the relative position Of the two enclos-
urcs.) also was eomctfmea allowed to 60 into
the city, In charge Of commissioned officer. The
though vas not permitted TO hold any conmuni- |
cation whatever with any citizen, until the 3rd Of
November. Then WAS placed on honor to hold |
no coltEaband communication unless before pro-
The 1rst time eyer met the prisoner Norris waa
at his house In Chicago, on the evening Of tbs Sd
var. On he evening in question rang tho bell |
Of bis hauso, md the door was opened hJ young |
gentleman. He askcq me my name. and called
We we're Joined by Mrs. Morris. ! said ny name
Just escaped. At the tins Was dressed in Con.
s at Ell snds asds e fas
llnes, and ehoula want some Assistance t. eyeape
from me c1y. Mrs. 1orsis assured me that they |
sympathized with me, and asked me ii would 70
to Canada Or Kentucky. Sic advised me to try
aayo1 FdRass Rss Sas shs %G TIE e. s.
that the Judge did uot wish to
hinsc By Vhst hsy intended o
then left the apartment, hat after short absence
Ars. Morris returned alone and said
&c a
The Judge 4dcoca4e-You Will haye al the priv
Ilege the law allows.
lstins 70 Mr.; Morris alone bo6elected' rs she |
Colonel 7acEloa replied that in case of eonspir;
70 testify to the guilt Of prisoners At the bar:
They wanted to prove the acts not the words Of |
the prisoner.
T Judge BsTtiey. sxsitealy-"rhsn, ST., If .1teE
am refused . reply, It Will be impossible to e.
pect impartial justice from this court-n
Judge Advocate Burnett said that hom the flrst
present case until now, he has ever, BY unfair In
uendoe., attempted to msllgn the justice and dig
nity ofth court !thll became man having any
pretenslon to loyalty, to aways be wishing to im-
pugn Injustice 10 tribunal Of men whoae honor |
and loyalty was uuqncstionab1e, and had been
9poR The n5 he wsaEy cam
he protested against these aluIh cast upon the !
noble deiende1s Of bleeding people.
On being re-opened, lie Advocate announced the
decisions Of the Court First: That there shall /
he only two arguments On every question, IL:
the po1nts Of inc one eloe ana tne reply ol INC
other. Second. That the objection to the testt- |
moDy was oleEruled.
Hines Continued. When Mrs. Morrls returned |
ehe gave me $50, and said It would not be proper
for The Judge to see her give me the money, - 1t
would compromise him. She told me to purchase |
coat In place OF my military Jacket and leave By
the evening train. The Judge then came Into the |
room and advised me to cut the military buttons |
of my coat md use pins instead. He said he !
heartily sympathiscd with me, but his position !
prevented him from following his INCLINATION 30 \
fully as he would like to. He also slated that |
there would probably b. An uprising In 1
+ha rftv he{nre 1nnp wheu Yn{yht 4