The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-08-24


ceiving they have done all they could for
| him under the circumstances
Proccedings OF the Military [ommiss
sion for the Trial Of Capt. Wirtz.
by Union Line.J
WASHINGTON, August 23.-The Wirtz
Military Commission met this morning
at II o'clock, in the Court of Claims
room at the Capitol
Judge Hughes, counsel for the accused
said that as the prisoner should be
brought into court hc would submit a
motion.
Major Gen. Wallace remarked. Time
enough will he given for that purpose $"
Judge Hughes-I will present it at the
earliest moment,
The prisoner was at this stage OF the
| proceedings brought into Court in custo-
dy of military guard
Judge Advocate Chapman called the
roll of members all of whom answered
to their names He then read an order
from the War Department dated 22d OF
August in substance that the military
commission which was to convene on the
2Oth inst, is by order of the President OF
the United States, dissolved, and then
read another order, dated yesterday,
causing special commission to assem-
ble TO-DAY at IL Io'olock tor the trial OF
Henry Writ and such other prisoners as
NAV be brought before it, the detail of of
ficers being the same as that of the previ-
Gus commission Mai A. A, Hosmer has
ON application of Col. Chapman to the
proper authority been appointed Assis-
tant Judge Advocate.
Judge Advocate Chapman asked the
prisoner whether he had any objection to
the members of the Court
Mr.. Peck, of counsel, said that there
was none personally to the members.
The Judge Advocates and the official
reporters were theu sworn, promising in
addition to an impartial performance OF
duty, that they would not improperly
disclose the secret proceedings and sen
tence of the Court.
Captain Wirtz rose to his feet. when
the charges and specifications were read
They are substantially the same as those
on which he was arraigned on Monday.
The first differs from the former charge
in this, viz, that the names of Robert f
Lee, James H. Seldom and l.. ID. North
rOp are now Omltteu
Judge Advocate Chapman asked the
prisoner what answer he had to make TO
the charges The prisoner gave no re
ply.
Judge Hughes, of counsel, said that
these new charges and specifications, or
the fact that any amendments or changes
| had been made in those heretofore pre-.
sented, reached him now for the first
time. The cor nsel had received an Off
clal note this morning from the Judge
Advocate, which he would read accom-.
panied by copy. as he supposed, these
charges. This note was received at
o'clock, or little sooner, this morning,
addressed to the firm of which he was a
member, wig: Hughes, Denny and Peck,
dated 23d of August, 1866 The note
from Judge Advocate Chapman is in sub
stance briefly as follows
Ienclose copy of the charges and
specifications, with such changes as may
be presented tomorrow 1t is proper to
saw now what could not be said sooner
viz: the Court will assemble tomorrow
at II o'clock in the Court of Claims
room, and will proceed without delay
with the case. The objections made by
you will in part be removed by the or
ders of tomorrow There remain yet two
points raised by you to be settled first,
as to the jurisdiction of this Court, and
secondly, as to the immunity of Captain
Wirtz claimed under the arrangement
with Captain Neye and the capitulation.
as concluded between johnson and Sher-
man. These hope will be disposed of
to morrow or as SION as we get into thr
evidence.
Judge Hughes said the note aas not
dated yesterday. but to-day this being
the 23tI.
Judge Advocate Chapman said the
note was written yesterday, but was
wrongly dated in the hurry.
Judge Hughes remarked that he saw
by morning paper only, that the Court
was to meet to-day, and il was mere &c
cident that he came here The autheri-
ties were ample that the prisoner should
have time to plead and prepare for de
fense, and to consult counsel, aud on the
prisoners behalf he asked the Commits
sion to give him sufficient time The
prisoner without any fault of his would
now be under the necessity of employing
new counsel, as he, Judge Hughes. was
Inclined to think that he had rendered all
the professional service required by his
obligation. 1t was necessary for him TO
give the reasons for withdrawing from
The case, but this ought not to prevent
the Court from determining the question
Of giving further time
Judge Advocate Chapman did not Oh
fleet to his note being read as an official
paper He placed the amendment of the
charges in the hands of the counsel as
soon rs possible. The note was written
| at dark and sent by faithful orderly
and delivered ct the Office which he sup