The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-12
The Prisoners Counsel State that tho
Witnesses summoned for tho De-
fenco 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.
30. Go. &c,

brought TO the attention OF the Commission matter In
relation to witnesses for the defence which he thought
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 were then acting as the prs
oners counsel requested that number Of witnesses for
the defence should be sent for and their application
this was DONE Some Of them could not be found and
others, who were found had not yet reported The
son 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 wtnesseswere scattered
mostly Georgia and may be found in few days; but
in some places there were mails other means Of
reaching them by written communications; therefore IL
not probable they could be reached by the time they
were wanted to testify in this court Under these cir
cumstances it for the say whether
defendant should have the facilities which the gov
eminent could afford, whether he must DO deprived
entirely Of these witnesses. II was an absolute
necessity that the defendant should have the
witnesses in this 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 1t
within the jurisdiction of the he asked that
messenger be despatched with subpenas for such
sons whom he felt il absolutely necessary to
for the defence Of the accused The Judge Advocate
had shown every disposition to the attendance
Of witnesses, SO far making out subpGnas
cerned, and SO far as it within the of the de-
fence to give their had been required by the
Judge Advocate. Some sixty or seventy were in New
York After sitting them they come to the concu.
sion that only ten of them would be required
and now that the trial was approaching an end he re-
peated that the witnesses he had asked for abso
utely necessary for the prisoners defence They would
not put the government to any unnecessary expense
60 far as relates to New York, Richmond and in the
noghborhood the witnesses would DO for at the
pense of the defence But further South there being
greater difficulties and increased expenses became alb
soluely necessary that the should grant the
accommodation in the manner requested He (ir Ba-
kerr would be ready with the list of witnesses to
row. in order that the messenger might leave at once
Judge Advocate CHAPMAN replied that the court were
aware that from time to time he had urged that the rule
be complied with. namely, that list OF witnesses be
furnished. That had not been fully done and this
morning the court was called upon meet the request of
the counsel that another special messenger be sent
South. He said four weeks ago that would be de-
spached to secure witnesses for the defence than
for the prosecution Those for the latter were mainly
here. At the time the bailif went to the Old Capitol
Prison. and after the defendant had been furnished with
a copy Of the charges and specifications against him,
list OF witnesses was made out by the prisoner super
vised by Messrs Hughes Denver and Peck at that time
his counsel to which attached this endorsement by
Captain Wirz:-"The above named witnesses all
require in my case" All these witnesses excepting
four or FIVE here Their absence accounted for
by the fact that several in Europe aud the others in
Texas He had only to say that if, in the progress
OF this trial, 1t was believed by the counsel for
the defence that additional witnesses necessary, il
was 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 that there be delay and no unnecessary
penses to the prosecution in this matter The govern
ment was trying to do what fair Witnesses in the
South could be procured by teeeraphng the
military posts. On Saturday he subpenaed forty wit
for the defence and placed postage stamps the
nshed him with names Of witnesses he had issued
subpGnas He did not know what more the government
could do.
Mr. BAKER said IL might be well in reply to the sugges.
ton OF the Judge Advocate call attention the fact
that many witnesses who had been subpenaed for the
Aafa had hoan atQnAA, tLax
ment, and sometimes witnesses complained that i'm.
proper language had been used to them TO draw Of
them something for the prosecution He hardly believed
the Judge Advocate would attempt TO use the indu-
ence Of the government to Brighten press out Of
not charge 1t. But the witnesses here under very
peculiar circumstances Many Of them feel II necessary
TO say and do all they to leave favorable impress
sion with the government officers and TO show The friend
ship or good feeling to the government Witnesses had
remarked to him, when he asked them how they would
done to save my own headSn This Mr. Baker said
without requiring any pressure on the part Of the officers
moned for the defence appearing willing, the Judge
Advocate said, to testify for the prosecution Mr Baker,
n continuation, remarked that the absence Of the wit
nesses referred TO necessed the presence Of others
oil their places With regard the suggestion of the
Judge Advocate that he should make adavt Of what
he proposed to provo by each witness, he really could
not do for want of time The court would have TO
adjourn for week 10 enable him TO do 20.
The Court after celebrating with closed doors, an
nounced its decision relative to the wtnesses-vz:
That the defendant should present TO the Court adavs
to the Of the several Witnesses their places OF
found and, secondly, to the facts he expects and be-
leves he can prove by each Of them. From this the
Court may determine the m.tsralsy Of tho evidence,
Mr. BAKER said the Court understood from his remarks
that with all the time the counsel could give TO this sub
Ject thoy could not with their other duties, draw
up separate adadavits. He willing however to do
anything in hi. power TO give the prisoner fair de-
had closed a for few days IN order 70 attend 10 what
the Court required even he had 10 work day and night
that the snnp%nas might be sen. as soon as possible
now than after while; and not when the prosecution
closed phat involved time TO make the adavIts and
to send messenger to Georgia, Texas and elsewhere
Mr. BAKER replied they had no witnesses beyond New
| Orleans.
The CouRr said they were disposed 10 grant the tme
but the question was whether they should do or
Mr. BAKEa suggested that il they waited until after the
prosecution had ended many things would have been
developed for which they could provide In their
monng OF Witnesses II the court adjourned now the
counsel would lose great deal OF time But after the
prosecution closed the counsel have time to look
what the government witnesses had testified TO-
sy paS az ~ sndy Coua cone the
The CouRr replied that affidavit az to what the pri.
proposed to prove must DO appended 10 the name
of each witness, the prisoner could state his belief.
| Mr. BAKER said the President Of the court being
lawyer knew that lawyers always shaped the afida.
Wits.
Major General wALLAcR--And there are two OF you
General BRAGG said the counsel must have been ap
prised Of the names OF witnesses and what they would
swear to- else the application made In bad fath.
II the defendant found the OF the witnesses
all that necessary be done to consult with the
defendant and draw out the facts which he expected
prove by those whose names he handed this morning
Mr. BAKER replied that II required time. The Court
could give II 10 him by adjourning He must have time
| TO know how to shape things
Major General THOMAS said this question pretty
well opened the FIRST week He knew II as well then
now. He knew what the defence would be, and II was
| too late TO ask the Court for further time
Mr. BAKER--I only asked the Court 70 send courier
| The CouRr--You heard the ruling
| Mr. BAKER what appeared TO his mind 10 be
| the difficulty In the way
General BRAoo--How long will II require you 10 draw
| the affldavis9
| Mr. BAKER-Two or three days. working steady There
are twenty thirty witnesses | could state generally
what expect 10 prove and do this at the Judge Advo.
Gates office with the aid OF reporter This could be
| done without adjournment OF the court