Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-10-07
The WirH Trial.
PROCEEDINGS TO-DAY.
RECESS GRANTED.
WHY GENERALS LEE JOHNSON AND
OTHERS WILL NOT APPEAR.

The trial was resumed this morning, and
after the reading of proceedings Of yesterday,
which occupied the time until near noon, the
court was ordered to be cleared, and after de-
liberating until lis the doors were re-opened
Capt. c. NJ Seiph recalled for the defense
Witness superintendent the distribution of
goods sent to Richmond. The clothing, &c,
sent by the Sanitary Commission and Govern
ment were entrusted to Federal officers for dis
tribution. On one occasion the boxes had been
broken open and again boxed up. Boxes in
transitu were frequently broken open.
General Lees staff that boxes had
been broken open. Witness has known
men TO recover from smallpox before those
who had been yaccinated There was great
scarcity OF genuine vaccine matter throughout
the South.
Mr.. Baker here stated that he had no other
witness fully ready to-day, and as he had but
four or five witnesses who had been here for
any length Of time important to him, he would
ask that the Court grant him some time to sift
them He had endea vored to sift the witnesses
here, and had discharged some of them If
this was granted he would be able to close the
examination OF witnesses. If they 1.-THE coun-
sell had to stumble along they had done
this week, they could not get through with the
case. He would ask until Thursday next
Colonel Chapman would leave the matter
entirely with the Court.
The Court-The chief reason for granting a
recess is whetheri it will hasten the termination
of the case.
Mr.. Baker said if the recess was granted the
defence would close in a week.
The Court agreed to take 4 recess until
Thursday.
Col Chapman said some of the subpnnas for
rebel functionaries had been issued mad YER
tently, but he had revoked them. The sub
pnnas were for Gen. Lee, Mallory, Seldom,
Surgeon General Moore and others He had
done this on his own responsibility, without
consulting with others. He proposed 10 give
his reason now, that the counsel might take
such measures as they saw fit.
Col. Chapman read from various authorities,
Johnson, Starkie, and others. that a party IN
the same indictment cannot be made witnesses
for co-defendant. There is not one of the wit
nesses of the kind who could on his roirc DOR
say otherwise than he had committed treason,
and on the witness stand thew would be
obliged to convict themselves. He commended
that such men should not be allowed to testify
while they were not pardoned.
Mr. Baker stated that he had no use for them
now, as the trial had gone so far He had Cobb
summoned to testify that he never made any
remarks as to killing the Union prisoners: Gen
Brown as to the true state of affairs of Georgia:
by Gen. Lee that he had to leave his command
and beg the people TO send provisions to keep
the army from starving; by Gen. johnson that
ms army were IN want.
Mr.. Baker said he understood Lees subpoena
was stopped in trdnSitu; that those for Cobb
and others We're also stopped. Mr.. Guild had
been here for two weeks waiting on the Court
but he had been discharged without his knowl-
edge. He thought that the Judge Advocate
might have informed him at the time An
other Of his witnesses (Duncan) was here, and
was arrested. When he (Mr. b. came to ask
for him, he was told that the man was a pri-
soner. Mr.. Baker argued that these parties
We're not convicted; that the Judge Advocate
had brought these very prisoners here, and he
now desired TO add to the list called BY the
prosecution men of the same class. Mr. Baker
would ask that Duncan be placed so that the
defense may make use of him as witness
Col. Chapman said that he was alone respou
sible for his acts, and acting on what he deemed
wise discretion he had re voked these subppnas
when he ascertained that they were asked for
for other purposes than those indicated by the
counsel. In regard TO Duncan there was evil
dence against him. In regard to the others they
were all In some way guilty. Either of these
parties could be evidence against the prisoner
but not for him
Mr. Baker asked how Col Chandler could be
called to testify against the accused but another
one of the same class could not.
Colonel Chapman said that the law allowed
party to appear against a prisoner. but not
for prisoner when he was in some way con-
nected in the indictment. As for Colonel Ould
evidence is forthcoming which will connect
him with the atrocities
Mr.. Baker asked that some action be taken in
reference to Duncan; and the Court directed
him TO make his application to the War Depart
ment The Court would have him an answer
on Thursday.
The defense having no other witnesses pres
ent, the prosecution called DIR. Jones to the
stand