Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-10-21
Aatiuual gtpnblifan
LOCAL AEFAIRs.
THE TRIAL of HENRY wIRz.

The Court met at 10 o'clock this morning, and
the Judge Advocate proceeded with the reading
OF the argument for the prosecution, commencing
with the second charge, Of murder In violation OF
the Articles Of War. He said he would oonnns
himself mainly TO q recital OF the evidence OF
witnesses bearing on the principal points Of the
case. He commended that under the common law,
according to the evidence, the prisoner was
guilty Of four kinds Of murder at Andersonvi willie
I. BY the mutllation Of escaping prisoners by
houuds causing death
a Death produced by confinement in the stocks
and the chain gangs.
s. Death produced by shooting by the guards
at the "dead Line" &c.
4 Death by the prisoners own hand.
He held that death had been the result Of the
system carried out by tho prisoner, and cited
from Greenleafs writings upon evidence aud
starkey's writings on the same point, to show
that Il Is q principle Of common law that where
means arc used which will actually and prob
ably produce death, the person., II Of sane mind,
10 guilty OF murder.
The Judge Advocate proceeded to cite the ties.
timony Of witnesses who had seen the deaths
Of Union prisoners at Andersonyille, resulting |
from mutilation by bloodhounds, started after
the escaping men by order Of the accused The |
evidence Of the witnesses Jennings, Marshal, |
Corrigan, Younker, Adler, Gray, Way, Barrow, |
Stone, Maddox, and Crandall bearing upon the
matter was referred to. In every case where |
you are asked to hold the prisoner responsible
you will find the evidence direct, positive, and
clear. You are not asked to find this prisoner
guilty upon vague, uncertain, doubtful test-
mony, but you are asked to apply the rules OF
evidence applicable to cases occurring under the
peculiar circumstances to which we have lluded,
always remembering that your duty Is to arrive
at the truth In the most direct manner possible.
Col. G. referred to the evidence where patient
had died Of gsngrene after having been bitten
by the dogs, and said the fact therefore being
clear that the death was occasioned, or certainly
49, 10 10 ND Ia all
course left you but 10 find that the stands In
the same position as II the man had been killed
on the spot by the dogs. Let me remind the
court Of the law governing ID such cases 1t Is
laid down in ID Starkie's Evidence, I'll, that at
10 sufficient In law to prove that the death Of the
party was accelerated by the malicious act Of the
prisoner. although the former labored under
mortal disease at the time Of the act and II IL
sufficient to constitute murder that the party die
Of the wound given by the prisoner, although
the wound was not originally mortal, but be-
come so in consequence Of negligence or unskil-
full treatment
The deaths resulting from the use Of the stocks
and the chain gang, rs an iudiscrmnate punish
ment for the healthy and the sick, the strong and
the feeble, and the deaths consequent upon the
pursuit Of escaping prisoners with ferocious
hounds, were but the natural and probable con-
sequences Of the act Of the prisoner In maintain.
ing and carrying out his barbRrous system OF
discipline. What more natural and probable tn Il
that q prisoner emaciated by disease aud starva-
ton should, when confined In the chain gang o.
The Bt0ckR, die from suCn confinement "ftt
more natural and probable than that n ferocious
dog when pursuing an escaping prisoner should
tear and mortally mutilate such prisoner, par
hcularly II he were In the debilitated condition
which characterized most Of the prisoners at An :
dersonville. And when death results under such
circumstances and from the adoption Of such
methods Of treatment an intention to kill on the
part Of him who adopts them, Is the necessary
and rightful presumption OF the law, Just as
intent to murder is conclusiyely inferred from
the deliberate use Of a deadly weapon.
Again, 1t has been laid down that the crime Of
murder Is consum mated whenever anv one viii
fully endapgers the IL Of another by any act or
,gission likely to kill, and which does kill. II
has also been declared by high legal authority
hat Is not essential that the hand Of the party
should Immediately occasion tho death; 1t IL
,ufheient " he be proved to have used any me.
,hanical means likely to occasion death and
which do ultimately occasion 1t, as II man lay
poison for another, with intent that he should
!ake II by mistake for medicine, or expose hin
against his will In severe season, by means
which he dies.
that when It Is proven that the prisoner was re
sponsible for the use OF the chain gang aud thu
stocks and the employment Of the hounds, WI
show that every death resulting from these wa
4 murder, for which he Is to be held responsible
In discussing the murders alleged to have beer
committed under the prisoners direct orders
he first case that claims attention Is that II
which the victim was q one legged soldier know
among the prisoners as Chickamauga. Tho Cour
will pardon me for dwelling somewhat at length
IN this case, as II Is one OF those two which tn
prisoner has singled out as the only cases worth,
II q serious tempt ut defence In connection witt
The charge OF murder. Tho accounts Of this &C
,urrence, given by these different witnesses wit
greater or less Particularly entirely consist
int as to the main facts, while as to unimportan
particulars there Is doubtless that slight varia
lion which always characterlzes accounts givet
BY different eye witnesses Of the same occurrenc
and which, as 1t excludes the idea OF concerte
,alsihcation, Is the strongest voucher for tn
good faith and veraclty Of those who testify. tn
essential facts, which stand out clearly In thi
mass Of testimony-so clearly that the prisone
himself, as | shall presently show, has bee
driven to a substantial admission Of them-art
that a poor dementod cripple, whose imbecil
condition was notorious In the stockade an
among the guards, sought to be taken from tn
,tockade that he might be protected from the In
iignation Of some OF his comrades, who charged
hat he had reported tunnels to the accused tina
after some parley on the part OF Chckamaug
with the guard the prisoner made his appear
Ince, when Chickamauga asked him to be take
out OF the stockaae, stating the reasons for tn
request; that the prisoner refused to take hill
,ut, and ordered the guard (who had shown Al
anwillingness to treat the poor cripple harsh }
TO shoot him II he crossed the dead line, and tn
sentry, acting under the direct orders OF tn
prisoner, shot him. Here, submit, Is clas
Col. Chapman here referred to the prisoner
statement concerning the shooting OF Chieka
nAuga, and to the evidence given before tn
Court In regard to the shooting. He next re
erred to the shooting OF Stewart a. testified
by Sergeant George W. Gray, and to the test
mony Of many other witnesses In regard to th
shooting Of the prisoners at Andersonyille. Al
err reading the testimony Of tho witnesses, Go
). said have thus, without regard to the ey
ience under charge hrst, presented the eviden'
lpder charge second, as spread upon the recO r,
moving that this accused while acting rs CON
nAndant OF the prison at Andersonville, delit
srately, wantonly, and malicously destroyed Il
ives Of eighteen prisoners Of war In his custod,
confess myself too much overcome with Il
melancholy details OF this trial, and Its frightfI
disclosures, to dwell longer on 80 sad theme.
After quoting several authorities, Col ChiI
man concluded his argument rs follows:
five had not Travelled through-the history
hose long, weary months OF suffering, tOrIur
ytaryation, death, and become familiar with eSt
lays roll Of those who passed away, the min
jould not contemplate this last, though briefe
roster OF the dead without feelings Of utmO
horror. Mortal man has never been called
answer before legal tribunal to a catalogue
crime like this. One shudders ut the fact an
almost doubts the age we live in would n,
narrow up your minds by dwelling further upC
his woful record. The obligation you hay
AIKEN constitutes you the sole Judge OF both la
and fact pray you administer the one and d
iide the other, melting out to those involved
his crime OF the universe all Justice, witho
ear, favor, or Partially, and without regard
position, high or low, Of those proved guilty,
Al ten minutes before twelve o'clock the cOu
vas cleared, and Gen. Wallace announced tn
the doors would not again be opened
Col, Chapman said the prisoner had request
that DR.. Bates make an examination Of hiS ply
zeal powers In the presence Of the court, so th
the members OF the court might see II he was