Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-08-22
Capt. Wirtz BEFORE the Military
COmmissiOn.

De CTleu. was Drought lnLo Jnc room, guard
ed on each side by a soldier. The prisoner
was requested to rise, when Col. Chipman
said: h..g .nllHrl Hsa's ~ tfhHJf
Capt. Wirtz. you are to, be tried by this
Military Commission. Have you any per-
sonal objections to any of its members?
Judge Hughes, of the counsel, said he
proposed to make no objection of a person.
al Lcharacter. They would, I3wevef, at q
subs quent stage Of the proceedings, ask to
belfeard on the plea OF general jurisdiction,
especially objecting to the mode of consti7
tuting the Court; but II he was to be tried
by Military Commission, he would as
soon be tried by this one as any other. 10
The members of the commission were
then sworn. f,....f., T .-y .i.,.G'. .t.,.-...
The Judge Advocate informed the pris-
oner he was arraigned for trial under. the
name of Henry Wirtz. Was that his Name?
He (prisoner) replied twas.
Judge Hughes desired to say that the
charges and specifications wereteot deliy-
cred to the prisoner until yesterday after
noon, and We're not seen by his counsel till
this morning. Therefore they had not suf7
ficient time 70 examine them. s. III +.
Col. Chipman said the council could ask
for delay after the arraignment, and then
proceeded to read the charges and specif-
cations preferred against Henry Wirtz, as
follows: es ..|6 ..r1,m.tta' i .ss.'....t
Charge 1st--Maliciously willfully and
traitorously, and in aid Of the then existing
armed rebellion against the United States,
on or before the LIST day of March, A. ID.
1864, and on divers other days between that
day and the 10th day. April, 1865, com
bining, confederating and conspiIfng to-
gether with Robt u. Lee, James A. Seddon,
John III. Winders Lucius ID. Nortbgup,
Richard B. Winder, Joseph White, WIS!
Winder, X. X. Stephenson, Moore, and 9th
ers unknown, to injure. the health, and de-
stroy the lives of soldiers In the military
service of the United States then held and
being prisoners of war within the lines of
the sO-called Confederate States in the mil
itary prisons thereof to the end that this
armies of the United States might be weak
ened and impairedln violation OF the laws
and customs OF war.
Specifications In this: Thatthesa Hem
ry Wertz did combine, confederate and
cpspire with theisaid Robert u. Lee, JAS.
"A. Seldom, John II. Winder, .Lucius II,
Northropy yRichard p ,Winder, Jos. lWhites
w. S. Winder, Il, r. Stevenson, Moore,
and others whose names are unknown, cit
liens of the United tStatess saforesaid, and
who were then engaged In armed rebellion
against the United States, maliciousIy,
treacherousfy and In violation'of the laws Of
warsto to- inpair and injpregthe bealthand
destroy the lives, by s1bjecting to TORTURE
and great suffering, by ,contning.. in nn-
healthy and unwholesome quarters, by ex
posing to the inclemency of winter and to
| the dews and burning sun of summer, by
compelling the use ofimpure water and by
furnishing insufficient and unwhoesome
food, of large numbers, of Federal
prisoners, soldiers in the military
Service of the u IS. of America, held prisoners
of war at Andersonville,- in the State of
Georgia, within the lines of the so-called
| lCOnfederate States, on or before the first
| day March, A. d. 1864, and at divers times
between that day and the 10th day of April
| 1865; to the end that the armies of the United
States might be weakened and impaired,
and the insurgents engaged In armed rebel
| lion against the United States might be
aided and comforted. And he, the said
Henry Wirtz, an officer in the military SER
vice of the so-called Confederate States,
being then and there commandant of a
military prison at AndersOnville, in the
State of Georgia, located by authority Of
the so-called Confederate States for the con-
| finement of prisoners of war; as such COM
mandant fully clothed with authority and
in duty bound to treat, care and provide for
such prisoners held as aforesaid, as were or
might be placed in his custody, according
to,the laws of war; did, in furtherance of
such com binatiOn, confederacy and con
spiracy, and melted thereunto by them the
said Robert Z. Lee, Jas. A. Seldom, John
H. Winder, Lucius H.. Northrop, Richard
b. Winder James White, w. S. Winder, r..
Il. Stevenson, Moore and Others whose
names are unknown, maliciously, wickedly
and traitorously contine large number
of such prisoners of war, soldiers in the
military service OF the United States, to the
amount Of 10000 men, in unhealthy and
unwholesome quarters in a close and small
area of ground wholly inadequate to their
wants and destructive to their health, which
he we'll knew, and which, while they were
so confined during the time aforesaid,
did, in furtherance of his evil design
and in aid of the said conspiracy, will
fully and maliciously neglect to fur
nish tents, barracks or other shelter suf-
ticent for their protection from the
inclemency of winter and the dews and
burning sun OF summeB and with evil in-
tent did take and cause to be taken from
them their clothing, blankets, camp, equip
age and other property OF which they were
custody; and with like malice and evil in
tentdid refuse to furnish or cause to be fur
finished food, either of quality or Quantity
lsufficient to preserve health and sustain
life, and did refuse and neglect to furnish
wood sufficient for cooking in summer and
to keep the said prisoners warm in winter;
and did compel the said prisoners to sub
Isist upon unwholesome water, reeking with
1.-THE filth and garbage of the prison and
lprison yard, and the offal and drainage OF
the cook-houseof said prison; whereby the
lprsoners beceme greatly reduced in their
bodily strength and emaciated and injured
in their bodily health, their minds impaired
land their intellects broken, and many OF
lthem, to wit, 10000, whose, names are mn
known, sickened and diedib reason there-
|of which he, said Henry Wirtz, then and
lthere well knew and intended; and so
knowing and .evilly intending, did refuse
and Neglect to provide proper lodgings,
food or nourishment for the sick, and nee
IIessafy medicine and medical attendance feT
1.-The restoration of their health, and did
knowingly, malieiouslY and willfully, In
furtherance OF his evil design, permit to
languish and die from want of care and
proper treatment. And the said Henry
Wirtz, still pursuing his evil purposes,
did permit to remain in said prison among
the annotated, sick and languishing living,
\ the bodies of the dead until they became
corrupt and loathsoIne, and filled the aiI
with ofetid y and ynoxious exhalations, and
thereby greatly increased the heunwholesome-
ness OF, the prison, insomuch that great
numbers of said prisoners, TO wit the ulim-
Der of 10000, whose names are unknown,
sickened and died by reason thereof. ,r,v