New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-22

war, infictng upon him mortal wound with the sara
musket of which he, the said prisoner, soon thereaer
died.
Specification OIn this. that the said Henry wiz an
officer in the military service of the s0'caIed Coneue
States of America at ADdersonVlie, III the o'ao
Georgia, on about the Goth day OF August A. ~.
1864. then and there being commandment OF prison.
there located in the authority OF the san so-caeu No
frdeIate States for the confinement OF PRISONERS Oh war
taken and held ms such from the Armies Of the United
! States Of America while acting as SAID commahGah
feoniousy and of his malice aforethoughf ala 9tue'
Rebel soldier whose is unknown, then on duty as
sentinel or guard to the prison. Of which sad WIZ
was cOmmandant, as aforesaid TO hre upon toidler
belonging the Army Of the United States IN DIS nc
said II. Wirzs custody. as prisoner OF war; whose
name is unknown and In pursuance OF SAID order, So
as aforesaid maicionsy and mnrderously giyen. as
aforesaid he the said Rebel soldier with a musket
loaded with gunpowder and bullet then ana there nrS
at the said soldier, as aforesaid held PRISONER Oh
war; inlieting upon him mortal wound, with the said
musket of which be the said prisoner soon thereafter
died. WI, 49,
Specification lin this that the said Henry WIZ an
officer in the military service of the so-caed Confederate
States of America, at Andersonyile IN the state vi
Georgia on or about the LIST day Of July A. D., ieo'
then and there being conmandant OF prison mere
located by authority OF tie said socaed Coneuefate
States for the confinement OF prisoners OF war TAKEN
and held such from the armies OF the oh'tFu oe,eS
Of America, while acting as said commandant ielo'
nously and Of his malice aforethougbt dld cause III
cite and urge certain ferocipus and boodthirsty AMI
mails called boodhounds to pursue attaek wouh a ha
tear in pieces. a soldier belonging to the army OF inc
United. States in his. the said Henry WrIs CUSTODY
as prisoner Of war. whose name is unknown, anu IN
consequence thereof the said bloodhounds ala thc hu
there with the knowledge encourn cement and nstl'
CATION Of him. the said Wrz, malicously and muider
ously given by him. attack and mortay wound the sld
soldier in consequence Of which said mortal woud ne
the said prisoner. soon thereafter died -
i Specification l2-In this. that the said Henry WIZ
AZ officer in the military service Of the 20 called Con
federate States of America at Andersonvir, IN 'ae
State of Georgia about the 9th day OF Ju'. A.
d. 1864 then and there. being commandant of prison
there located by the authority Of the SAID so called Con
tolerate States for the confinement OF prisoners OF
war taken and held as such from the Armies OF the
United States ~ America while acting as shd com
nandant flOniously and Of his malice aioretnoughI
did order a Rebel soldier whose name IS uhkno"n
then on duty as a sentinel guard To the prison OF
which said Wirz eommnndant az aforesaid 10 hre
upon a soldier belonging TO tho Army Of the United
States in his the said Henry Wins custody as PMS
oncr of war. whose name is unknown, aud IN pursu
ance Of said order so, as aforesaid milelohsly hhi
murderously given aforesaid he the SAID keori sol
der did with mGsket loaded with gunppwder ana
bullet then ard there fire at tho said soldier so as
alore said held prisoner If nhietine npon him
n mortal wound with the said muskei, oil when sali
mortal wound he, the sad prisoner, soon thereafter
died. -
Specification l3-In this that the said Henry Wirz
officer in the military service OF the socaed Con
ederaic states of America. at ApdersonVhie IN the
State of GeorPa, about the third day OF August
| 4. ID. 1904, then AID there being comm"ndnnt OF a
prison there ocatrd BY the authority Of the said
called Confederate States for the confinement OF prison
Of taken ard held such from the armies Of
the United States Of America. while acting said com
did make an assault upon "a soldier belonging to the
army OF the United States In his the said Hohry Wits
custody prii oner Of war. whose name Is unknown
and with a pistol called revolver then and there beld
In the hands Of the said Wiz, did beat sud bru.e said
soldier upon the head. shoulders and breast nhictiog
n creby mortal wounds. from which beating and
brusng aforesaid and The mornl wounds caused there
by. the said soldier soon thereafter died
" T.. CnIrsAS.
Colonel and A. A. ID. C., Judge Advocate.
Col. Chapman asked The prisoner: What answer have
you IT, mskei
Judge Hughes replied that the charges were deiv'
cred the prisoner only Yesterday afternoon ana "re
not by his counsel, via MesTs H"ghos nsnNeT'
Peck and Louis Scnudc. until TINS mcFnlnt he sun,
mitted the question whether reasonable TINE shofd
be given the prisoner TO prPe Tor denrhse OF
moi What mode or extension Of tine siill mnio i'm
portant was that three or bur weeke aeo totally df
crent set IL charges served 10 huse who proposed
to defend him, and on which preparations to thst end
alone had been made.
and form and certainly "a hours notice was not
suiicientto consider them.
Col Chapman felt IL T. be his duty 10 state rhat the
charges served two three weeks ago embraced pre-
cey the substance hut the form Of those Just pre-
fcrrcd. The only addition is The charge Of con.prac'
whichncudes TIE acts hertofrc alleged. Therefore the
counsel should b. prepared To meet them. There should
be no unreasonable delay We had subpenacd num-
Der Of witnesses from Tie South, and 10 witnesses FOR
/ the Government were DOW IN attendance.
Judge Hughes replied that the counsel designated
tine. They asked no undue or unncccssnry indul
gcnce but wished to facilitate the business of the Com
/ %
the prisoner eads not gully. they dbeIent from
those heretofore prepared. One set called upon him
10 defend his life only. bn the oiner Just read
TO this Court required him not only To defend bis
| life but that ofo,cn. Lee and half dozen others.
Col Chapman desired the gentleman to indicate for
whom he appeared
now on trl. The Jndgc.Adyoclie was no doubt
aware that when the proof Of conspiracy is made
out the prisoner is responsible ioI the acts OF all en-
gagged ia it,
Col Chapman desired the entry 10 be made that these
gentlemen appear only for the prisoner and il should
under stood whether without authority they should
defend any body else.
Judge Ilighes-we only desire todefend Capt wir,
We mHy object to the form Of tho charges the FIRST Of
which is conspiracy, and not only u CONSPIRACY but
actual crimes under H. The other charge IL murder
with thirteen specifications II these Specifications OF
murder under the civil law then we propose that
this Court cannot take jurisdiction but IL they come
under military lw this Court might take Jurisdiction
wish 10 submit 10 the Court that they lay down some
rule by which they 10 be governed during this trial
This Is an order emanatng from the President of the
United States, appointing Military Commission not
totry a particular ease, but any case that may be
brought before H. and II does appear that this case
has been sent here. The one statute gives Military
Courts jurisdiction civilians In cases where persons
are found lurking about as spies. No Jurisdiction is
conferred IN cases OF conspiracy. The prisoner Is
charged with reasonable conspiracy and murder Then
do We know that IT the intention OF the President
70 send such case heref We have no evidence that
the charges enanated from any other source than the
Judge Adycato Of this Court
Judge Chapman said t5at while not designing 10 an.
swer the iaacy Of Judge Hughes he would merely re-
erly coming before the court. The srder reads for
the trial OF such prisoners may be brought before the
court" All the books lay down the rulo that the
Judge dyocate shall prepare the for adudica-
fion several eases have already been decided; the
point u not new one The not required To be
formally prepared to be sent % the court The cont
IS constituted for the Trial of such prisoners may be
brought before 1t and the prisoner is here 20 be tried
The Court with closed doors decided 10 override Tho