Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-09-27
MR.. WIRz TO MRS. WIRz.
INTERESTING DEBATE,
WEDNESDAY,, SEPTEMBER ~, 1865.
UNITED STATES MrLfrARY COMMISSION
Qpr IVw WALL an preaidpnt

effort would be made to escape by the prisoners.
Had seen the tunnels made BY the prisoners The
stockade was much crowded, and large lots came
In day after day. Thought they would not be
we'll cared for by crowding so many persons to.
gether., Prisoners were sent from Richmond and
CahAwba to Andersonville. Gen. Winder sent
Capt DYKES into Alabama to establish a prison,
but on account Of the move Of the Federal army
In Alabama the prison was not established.
prison was established at Milan, and another at
florence. Some prisoner. were sent to Savannah
for exchange. wirr rode gray mare Knew
whom Gen. Cobb made o speech there. -
Col Chipman said he would like to submit =
question now, and that wa. whe,her the counsel
charged In the conspiracy. Colonel q. said he
insisted that the counsel for wirl had no right to
follow the Government In their evidence against
other parties and defend all the co .conspirators
with wirI. twas their duty 10 explain the con-
duet Of wirr, and they have no right to defend
any but him, The rule Of law was that any act
charged against wir1 In the conspiracy could be
explained away, but they have no right to ex-
plain the acts Of the other conspirators ..
| Mr.. Baker argued that as his client was charged
with othor conspirators, II was proper for him TO
show, that he had no connection with the others
named In the conspiracy, and he had y right TO
inquire into the conduct Of others to show that
wirI was not connected with them.
The Court was-here cleared for deliberation.
On reopening the President Gen. Wallace, said:
For your information, Mr.. Baker, will state
that the Judge Advocate has Withdrawn his quss'
non. IT, rT q. cog u a.. .. ~
speech at AtAndersonville sometime this year does
not remember what he said. He made the speech
more to the troops than to the others, as many
desertions had taken place. and great dissatisfac-
ton existing In the rebel camp. lie insisted that
the soldiers should do their duty. ..,
Question by Mr. Baker: Did you or not at that
time hear General Cobb make use Of any Lam
Judge Advocate Chapman requested that the
question be reduced TO writing, and taid, Colonel
Fannin you will please retire to the Hall. The
witness having retired ...
| ness returns; II Is q personal insult to me. o.,
Col. Chipman replied that the practice was not
unusual, and 1t was greater insult for the eoun-
| sci to persist In asking improper questions.
Mr.. Baker replied that the Government wit
nesses had been examined in the presence Of each
other every day, and now the counsel for the de-
| fence were requested to reduce the questions TO
their Witnesses wrihpg and the witnesses retire,
which course had not been pursued In regard to
| the Government witnesses when objections were
made. II this was insisted upon the court would
have to stop, because II was impossible to reduce
all the questions to writing.
The court replied that the counsel took rather
| an unfair view Of this subject. The Judge Ad-
yoeate did not ask them to put all the questions
| In writing, but only this one. fyou cannot put
the question in writing perhaps your associate
can. o..
Mr.. Baker: I never made such request when
the witnesses for the Government were on the
Col. Chapman: II you did not do your duty, II
Is no reason why should not do mine.
The Court: What Is 1t you want. Mr.. Bakerf
on the stand must reply to the Judge Advo-
| cate. 20. ---..
| now. Mr.. Baker, we do not want any speeches.
| Let the room be cleared.
The doors having been reopened, the witness
| was called In, and Gen. Wallance read from De
| Hart's Military Law, In which It is stated that
the Judge Advocate has perfect right to have
the court cleared or ask the witness TO retire. to
| prevent him from being instructed. In this case
| the Judge Advocate did not ask to have the room
cleared, but simply asked the witness to retire,
| as ho had perfect right to do. When the Judge
| Advocate anticipated a question Of a leading
| character, he had right to require the question
to be reduced to writing and submitted to him
He has a perfect right to ask that the room be
| cleared, or the witness retire. ...1
Mr.. Baker: To that have no objection.
The Court: The point Is settled.
| Mr.. Baker: But object to my witness being
| sent from the stand in such manner.
| The Court The Judge Advocate may request
the witness to retire the room TO be cleared, or
the question reduced to writing, II he thinks
! MT. Baker: Before doing SO the Judge Adyo-
cate should hear my question or give notice that
he will make the request. .-.
Col. Chapman replied that he said "Col Fannin,
you will please retire, and the record would SO
| state.
MI. Baker: ask the same civiity extend to
4 Col. Chapman. Have I not done soi
@ s, oa u,u AZ M, III ,h,nT Uus IA .n ~,
y1ui y heaf' ~ soou' 'uo no' 'ninA ''u u'u 'o NJ
| 'naS IN, uhie. -. u-.t,us ..'
| ano quoss,oI q,i"s W. "a, W., ha .o,,, o,,lo
th, Sap.' @ nau oon'.o, Nv, n',i y, 1no o
suafu aS' NY ,slr u, ~ ,,,a W , III uI AZ
nom su arao ~ ~ "a n,a,osro nh ,as
% %as' sVe ,he 'nS aaa ,aT oHnaS ~ az
| winder, and had signed himself Ms Assistant
Adjutant General In giving transportation. Wit
ness once optaihou aiutloush lrom CuPt, VIII
Wnness was nov an in,a'e aSsooiate vi GaP'
Mlsz; ana diu hol seieet MN US an ass2elhte
had Deen In 'he stoehaue three uheS Whle ne
was WSSnheIe. nheIe. , n, ,, ,u,-
"nhess Ie"uTsa T nsa ne.t ant a".h ~ nsar
| the prisoners There was great deal OF Suher-
Ing In the stockade. ,.,,.
| Col Onipman saia ne hao leceEea ioSei npi
% from %Gapt. wses!, sspeTin.endeht ' , 81 sno o'u
Osp'o'' "Hi'" no oi0Ao o,nc.p,Toi P1,sox
| WAsHISaroN, ID: T., sept ~, 1900.
Cot Chapman, Judge Adooodie' htttdrV oom-
| mBston' !, oo., -.
BIZ; Your eommunicauon dalea tne zoth M ,ns. up,
| In when you STATE that the couhsel ior Wlrh
| stated 10 day, In deience LOT ms giving money
&c, 70 the prisoner 10 procure s9methlnR 70 eat
that he could not get at tue oiu oaptoi 'noSe SS
Things ne needed, lntimating lhAt ne ls not wen
cared for BY you (mel, and requesting me 70 re-
port Just what treatment ne receives, nave tns
In every respect as lenicntly as Is consistant
with his position and compatible win my duties
He Is furnished with col and soeddlng sueh as
are used In the United States medleAl depart
ment, furnished with a mqsqntS PAT ~ me- i,
In aaN