The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-12
The rf1soner's Counsel State that tho
Witnesses Summoned for tho De.
fence Have Been Induced to
Testify for tho Prosecution.
The Witnesses Declare They Have Done 50 to
Shield Themselves.
TESTIMONY OF MAJOR GENERAL WILSON
circumstances Of the Capture Of
WirZ.


brought TO the attention Of the Commission matter in
relation TO witnesses for the defence which he thought
II would be better to attend to at this time The Judge
Advocate had suggested TO him that might be subject
outside Of his authority and therefore properly be-
longed to the Court Some time before this trial
menced the gentlemen who then acting the prs
oners counsel requested that number Of witnesses for
the defence should be sent for and their application
this done. Some Of them could not be found and
Others who were found had not yet reported The
for this neglect the counsel for the defence did not
know Since the trial had been progressing matters
developed which showed the necessity of other wit
nesses being summoned, in order to meet points
brought out in the trial. Those witnesseswerc scattered
mostly IN Georgia. and may be found in few days. but
in some places there were mails other means of
reaching them by written communications therefore it
not probable they could be reached by the time they
were wanted to testify in this court Under these cir
cumsances for the government say whether the
defendant should have the facilities which the gov
eminent could afford or whether he must be deprived
entirely OF these witnesses. It was an absolute
necessity that the defendant should have the
witnesses in this way or not at ALL The counsel believed
this defendant could show ample defence This was
their sincere belief and for them TO ask that the
prisoner have the means Of making his defence. II it
within the jurisdiction Of the he asked that
messenger be despatched with subp9nas for such per-
sons whom he felt ii absolutely necessary to
for the defence of the accused The Judge Advocate
had shown every disposition to procure the attendance
OF witnesses, so far as making out subpGnas
cerned and so far 1t within the of the de-
fence to give their had been required by the
York After sitting them thew had come to the concu
sion that only or ten of them would be required
and now that the trial was approaching end he re-
peated that the witnesses he had asked for abso
utey necessary for the prisoners defence They would
not put the government to any unnecessary expense
so far as relates to New York Richmond and in the
IA sent for atth
pense of the defence But further South there being
greater difficulties and increased expenses il became alb
soutey necessary that the should grant the
accommodation in the manner requested. He (Mr Ba-
kerr would be ready with the list of witnesses tomor-
row, in order that the messenger might leave at
Judge Advocate CHPMAN replied that the court were
that from time to time he had urged that the
be complied with namely, that list Of witnesses be
morning the court called upon the request Of
the counsel that another special messenger be sent
South He said four weeks ago that would be de-
spached TO Witnesses for the defence than
for the prosecution. Those for the latter mainly
here At the time the baia went to the Old Capitol
Prison. and after the defendant had been furnished with
copy OF the charges and specifications against him,
list Of witnesses was made out by the prisoner super
his counsel to which attached this endorsement by
Captain wirz:-"The above named witnesses are all
four or Eve, here Their absence accounted for
by the fact that several Europe aud the others in
Texas He had only to say that if, in the progress
OF this trial, II was believed by the counsel for
the defence that additional witnesses necessary, 10
only fair to the government that the counsel
should give list OF the witnesses and where they could
be found and also what they expect to prove by them
He asked TINT there be delay and unnecessary
penses to the prosecution in this matter The govern
ment was trying to do what was fair Witnesses In the
South could be procured by elegraphing the
military posts. On Saturday he subpenaed forty wit
envelopes for mailing As fast the counsel had fur.
nshed him with the names Of witnesses he had issued
subprnas He did not know what more the government
could do.
Mr. BAKER said might be well in reply to the sugges
ton OF the Judge Advocate to call attention to the fact
that many witnesses who had been subpenaed for the
defence had been examined the part Of the govern
ment, and sometimes witnesses complained that i'm
proper language had been used TO them draw Of
them something for the prosecution He hardly believed
the Judge Advocate would attempt TO use the inhu-
ence Of the government to Brighten OF press out Of
witnesses anything for the prosecution and he would
not charge IT, But the witnesses here under very
peculiar circumstances Many Of them feel II necessary
with the government officers and to show the friend
ship good feeling to the government Witnesses had
remarked to him, when he asked them how they would
done to save my own headSi This, Mr. Baker said,
without requiring any pressure on the part Of the officers
Of the government would account for the wne
Advocate said to testify for the prosecution Mr. Baker
In continuation remarked that the absence OF the wit
nesses referred 10 necessated the presence Of others TO
oil their places With regard to the suggestion Of the
Judge Advocate that he should make adav OF what
no. do so for want Of time The court would have to
adjourn for o week TO enable him to do 10.
The Court, after celebrating with closed doors an
That the defendant should present TO the Court adavs
TO the names Of the several witnesses their places Of
and secondly to .se facts he expects and be-
eves he can prove by each Of them. From this the
Court may determine the matsralty Of tho evidence,
Mr. BAKER said the Court Understood from his remarks
that with all the time the counsel could give 10 this sub
up separate sdays He was Wiling however to Do
fence and must rom necessity After the prosecution
the Court required he had TO work day and night
90 that the subpnnas might be sent possible
The cOu., said would b sss, 70 gran. The time
closed That involved time 10 make the sdavits and
TO send messenger to Georgia, Texas and elsewhere
Mr. BAxsR replied they had no witnesses beyond New
The CouRr said they were disposed 10 grant the time
but the question was whether they should do OF
Mr. BAKEa suggested that II they waited until after the
prosecution had ended many things would have been
monns Of witnesses II the court adjourned now the
counsel would lose great deal Of time But after the
prosecution closed the counsel must have time TO look
what the government witnesses had testified TO-
and II they had opportunity they could connnc the
witnesses for the defence to particular points
The CoURr replied that affidavit 10 what the pr
soner proposed TO prove must DO appended TO the
OF each Witness or the prisoner could state his belief
Mr. BAKER said the President Of the court, being
lawyer, knew that lawyers always shaped the afnda
Wits
| Major General wAILAcE--And there are two Of YOU
| General BRAGG said the counsel must have been ap
prised OF the Of witnesses and what they would
swear to- else the application was made In bad fsth
IL the defendant found out the names Of the witnesses
all that necessary 10 be done to consult with the
defendant and draw the facts which he expected u
prove by those whose he handed in this morning
Mr. BAKER replied that II required time. The Cour
| could give II TO him by adournng He must have time
| to know how to shape things.
Major General THOMAS said this question was pretty
well opened the FIRST week He knew u as well then a
now. He knew what the defence would be, and II wa
| too late 20 ask the Court for further time.
Mr.. BAKKR-I only asked the Court TO send courier
| The CouRr--You heard the ruling
Mr.. BAKER repeated what appeared TO his mind 10 b.
| the difficulty In the way.
General BnAeo-How long will II require you TO draw
| the affldavis9
Mr. BAKER-Two or three days. working steady. Their
are twenty thirty witnesses could state general
what expect TO prove and do this at the Judge AdvC
| Gates Office with the aid OF reporter. This could
| done without an adjournment OF the court