Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1865-09-29

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&c. She laughed at the contents Of he let
tiers, making fun of them, and then ordered
him to burn them. He has seen the rebels
wearing the clothing which had been sent to
the prisoners. He heard one Of the surgeons
at DIR. Whites say, 81 have poisoned Ave
Yankees to-day - and another would cay,
" have poisoned ten" They were laughing
and drinking at the time. he also heard
surgeons say they we're going to vaccinate
and take off the arms Of the Yankees. They
would be frequently laughing about the pois-
on. Mrs. Reed took from the letters four or
FIVE hundred dollars which she kept in box
until the prison was broken up. He did not
know what became Of the money.
Judge Advocate Chapman said that the
Government would informally close their case
to day, reserving the right, however, to ex-
anime witnesses who may be found touching
new matter, and he would record evidence
connecting the Richmond authorities with the
Andersonyille prison.
Mr.. Baker said be should 90 it blind by
consenting to such arrangement.
Col. Chapman replied that the evidence re-
ferred to Davis, Lee and others of the rebel
government and the counsel had no right to
object to testimony which did not personally
affect his client.
Mr.. Baker asked the commission to ad-
Ijourn for at least week from next Tuesday
for the following reasons
First--That coming into the case on the
day of its opening, have had no time to do
anything more than keep along daily with the
examination Of witnesses put upon the stand
by the prosecution.
i had M trno tn inf
self what witnesses the defense have had,
nor what they will testify to generally, nor
upon what points any certain witnesses will
testify. Upon all these matters | must in
form myself by calling our witnesses together
and examining what they know and upon
what facts in the case they can testify. To
do this requires time, which must ask most
respectfully of the court.
Third-There many points in the prosecu-
ton just closed which admit and require at
our hands complete refutation and contradict
ton. This know can be done, but it ne
cessitates great labor, much research and
time.
And another reason, which regret to Of
fer, is that the abors devolving upon me in
this case have proved too heavy, and my own
health requires that should have few days
this court for reasons personal to myself but
when | state to the court that am unable to
20 on further with the case without rest,
trust the court will do me the honor to believe
that the statement comes not from any wish
to unnecessarily dehy the case, but from my
impaired condition of health.
Mr.. Baker gave another reason for having
the court adjourn a short time. and made a
comparison between the prosecution and de-
tense showing that the former had every ad-
vantage in procuring witnesses aud obtaining
evidence; they have had money untold, II
needed, at their command-they have agents,
servants, clerks, and reporters for every want
they have had the whole or any portion Of
the detective and military force of the coun-
try. In aword, they have had all that a
great and all powerful government could
bestow in accumulating the whole debris Of
the fallen southern confederacy upon the
head of Capt. Wirz. OF this do not com,
plain, and recite it only in comparison-
Here, then, is sickness and misery struggling
against opulence and power here is AFFECT
poverty struggling with untold millions -
Here is poor, des.itu', distracted and shut
up prisoner, with powerless and int fficie Mt
counsel, endeavoIing TO compete with all the
ability and power and means the most power
full government in the world can bestow to
crush him. Truly, gentlemen, may say
then We as his counsel, in all our good inten-
tions, are but preSumptuOus in endesvUring
to defend him. We in our weakness do but
insult the majesty of our government when
we attempt 30 much For these reasons,
then, ask that this court give us at least
until a week from next Tuesday before we
enter on the defense, and if, during the mean
time, for the want of means, we cannot get
together distinctly separated elements of our
defense, l. for one, fear | shall feel it my duty
to reliuquish it entirely Lest any mscon-
struction be put upon my my language, and
it be said want confidence in our case.
must reiterate that believe Capt. Wirz has
a good and complete defense.
Col Chapman said the last remarks of the
gentleman were an insult to the hundred
United States soldiers who had testified in
this case 1t was, in effect, charge that
they had testified falsely
Mr.. Baker replied there could be no such
inference drawn from his remarks He would
say the prosecution could not make the hor-
rors of Andersonville too bad by the tongue
or pen OF any of the witnesses. We may
admit everything charged to have been done,
but we may also deny that Capt. WiTz did
liz.
Col Chipman-lf you had witnessed the
closing scene here yesterday you would not
have just made the speech you did.
Mr.. Baker (resuming) said he believed he
could produce witnesses to disprove charges
of barbarism and cruelty having been com
mtted by the prisoner in August. 1864,
when everybody then at Andersonville knew
he was then at home lying on his bed. expec-
ting to die, although witness swore to those
things as having been done by Captain Wirz,
believing it to be true yet nothing was
more common in courts than to enable the de-
Tense to show that the accused was at the
time miles away from the place. He charged
nobody with falsehood, but il he could show
from that that any of the witnesses were mis-
taken, be ought to have the opportunity to
do so. 1t would be an honor IL counsel could
show that witnesses were mistaken in any
one of those senses He believed the court
would rejoice in believing the atrocities we're
not committed by this innocent man.
Major General Thomas said Mr.. Baker had
drawn cnunaria0n hatwaan tha roxax 80