The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1865-01-11


liam E. Roberts and John Yorks were ta-
ken sick with bowel complaints and were
removed to the hospital near the Fort
Roberts died about ten days afterwards.
There were other cases of sickness but of
less severity, up to this time. Subse-
9uently three or four prisoners we're dis
charged on account Of sickness-two cases
of rheumatism and one of consumption
by order of Gen. Couch. Mr.. Yorks was
also discharged.
Three or four weeks after we we're i'm
{ prisoned, Gen. Couch came to the Fort,
and was in the bomb-proof. He said
the men should have a secoud blanket each
/ They were furnished some weeks after
wards, toward the end of October. He
directed that we be allowed t. go out in
the yard together twice a week This
privilege was actually allowed Us but
twice while 1 was there. At other times
few of us were allowed to 60 out under
guard, to work little for exercise.
was taken to Harrisburg day or two
after the October election, in company
I with three others of the prisoners, -Four
others had been taken there prsyiously.-
This was six weeks from the date of my
arrest, and 1 had had no notice of the char.
ges against me nor any distinct knowledge
of what they would be.
Two weeks after my arrival in Harris
burg, my case was called on for trial be
fore Military Commission composed of
Coils Provost and Frink. and Capt. Lee
Capt Francis Vessels Judge Advocate
: A copy of the charges was served upon
me one day and the next day L was call
ed before the Commission for trial. l
think this was Friday, Oct. 2s. had
no counsel present, and there was an ad-
jourDment TO the next day. At the next
meeting, after plea entered, Witnesses
j were examined for the prosecution, and
/ then there was another adjournment to
Monday or Tuesday following. At the
final meeting one additional witness was
examined for the prosecution and one for
the defence, and brief defence written
By my codbsel, and signed by me, was
put in. The case then closed. No list
of witnesses for the prosecution bad ever
been furnished ne, nor any Information
as to tbe particular points to be met. As
to the charges of which had one days
notice before I was called up for trial,
they were so general and indefinite in
statement, that they conveyed to me no
useful information Of the evidence | was
to answer.
l found myself accused, in the charges
of confederating with others to resist the
Conscription Act, and of advising resis-
tance to ii that 1 had united with Others
to form Society commonly called
"Knights of the Golden Circle" the OBJ
iect of which was to resist the draft, and
that had also assisted to form organiZa-
: tions of armed Companies or squads to
resist the military authorities of the .. S.
Although each and all these allegations
were absolutely and wholly false, it was
impossible, in the nature of the case, that
| should meet them, general and sweeping
as they were, by negative proofs. No
rule of reason or of law can contemplate
the proof Of general negatives by defen-
dant, or the preparation for such proof by
him, in a case of this description. All
that can be required of him is, that he
shall contradict or explain away the par
ticular testimony produced for the prose-
cution, to do which it is necessary that
he shall know beforehand what it will be,
and shall be in position to prepare his
defense freely and completely.
In ordinary criminal prosecutions pre-
Iiminary examination of the witnesses ior
the prosecution before magistrate, en-
ables the defendant to learn pretty clearly
the evidence he will be required to answer
at his trial. And as the trial is in the vi
cinity of the place where the offence is
charged to have been committed, witness
es may be Brought in to meet any unex-
pected and inaccurate evidence produced
by the prosecution. Besides, the defen-
dant being usually at large upon bail be-
fore his trial, is enabled by due inquiry
to ascertain, more or less perfectly, the
character. of the case to be presented
against him, and is also enabled to collect
anc prepare his evidence in reply.
Bat in my case. there was no previous pub
lie examination Of witnesses before mag