The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-08-24

T. WATERMELON, August 23.-The Wirz
commission met this morning. Col.
Chapman read an order from the War
| department dated yesterday, dissoly-
! ing the former commission. but APP
pointing another consisting of the same
members. They were again. sworn to-
4 day, and Capt. WirH again arraiRned.
when the charges and specifications
were read. They are in the main sub
stantially the same as those heretofore
presented The alterations include
the striking out of the names of r. E.
Lee, Jos. A. Seldom and Lewis d. Nor
throp, as some of those with whom the
prisoner is accused of combining and
consPiring to impair and injure the
health and to destroy the lives by sub
1ecting them to torture and great suf-
tertng OF large number of Federal
prisoners to the number of 3O,OOO-sol-
dfers in the service of the United States
held, at AndersonVille. The charge of
murder retained in the specifications
includes the most cruel barbarity.
Col. Hughes spoke of this proceeding
tofarraigning the prisoner on new list
of charges without giving counsel due
notice, as extraordinary, and asked
that additional time be given to enable
the prisoner to prepare for his defense.
This wns granted, and the court i'd
ljourned till tomorrow noon. -.
The counsel for Wirz then retired,
lConc!uuuhB tneyy nhu uone All Inoy could
for him under the circumstances,
8 WASHINGTON, Aug. 23.-The Wirz
Military Commission met this morning
in the Court of Claims room at the Cap
itol. Fp aa 81
Judge Hughes, counsel. for the nc
cused, said that as the prisoner should
be broue ut into court, he iwould submit
Ma Gen. Wallace remarked, "time
enough Nviltbe given for that purpose y
Judge Hughes-"I viii present IL at
the earliest moment"
The prisoner at this stage of the pro
ceedings was brought into court, in GUS
tOdy of asguard.
Judge Advocate ChapmanNcalled the
roll of members, all of whom answered
to their names. He then read an order
from the War Department duted Aug.
-, i'll substance that the Military COM
mission which was to convene on the
of the United States, dissolved, and
then read another order dated yester-
day, converting a special commission to
assemble to-day at IL O'Clock, for the
trial of Henry Wirz and such other
prisoners as may be brought before it,
the detail of officers being the same as
that of the previous commission. Mai.
A. A. Hosmer has, OH application of
Col. Chapman to the proper authority,
been appointed Assistant Judge Advo-
cato.
Judge Advocate Chapman asked the
prisoner whether he had any objection
to the members of the court.
Mr.. Peck, of the counsel, said there
was none personally to the members.
Tho Judge Advocates ana the official
reporters We're then sworn, promising,
in addition to an impartial perform
ance of duty, that they would not inn
properly disclose the secret proceedings
and sentence. of the court.
Judge Advocate Chapmnn,- address
ing the prisoner: "You are charged
under tho name of Henry Wirz; is that
your name" The prisoner said it was.
Judge Advocate 'Chaplnan-"Th
charges and specifications Will now be
read." .r1e
Mai. Gen. Wallace, the President of
the COurt-"Let the prisoner stand
up" a-gi. itt,is. sr-t-.
Capt. Wirz now rose to his feet, when
tho charges and specifications We're
read. They are substantially the same
as those which he was arraigned on
Monday. z.s... ..s,-.
He is first charged with maliciously,
wilfully and traitorously, and in aid of
the then existing armed rebellion
against the United Suites OF America,
on or before tho first day of March,
1854, and on divers other days between
TINT day and the 10th day of April,
1855, combining, confede rating and con-
spring together with John III. Winder.
Richard b. Winder, Joseph White,
w. S. Winder, r. r. Stevenson, and
others unknown, to injure the Health
and destroy 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 Con-
federate States and the military pris-
one thereof, to tho end that the armies
of the United States might be weakened
and impaired, in violation of the laws
and customs of war. 20
The above differs from the former
charge in this, namely, That the names
of Robert Il. Lee; James d. Seldom and
| l.. ID. NOrthrop are now omitted. The
other charge is that. Of murder pro c,
by heartless, brutal and cruel treat
ment. The specifications arc fourteen
in number. fe aD
Judge Advocate Chapman asked the
! prisoner what answer he had to make
| TO the charges. The prisoner gave no
\ reply.
Judge Hughes said that these new
charges and specifications, and the fact
that any amendments or changes had
! beehnnade in them, hereupon present
ed, reached him now for tie first time.
The counsel chad received an official
note this morning from the Judge Adj
vocate which he would read, accOmpu-
4 tAfIVHyg 30 AlS
charges. This note was received Mt 8
O'clock, or n little sooner, this morning,
addressed to the firm of which he was
a member, viz: Hughes, Denney and
Peck, dated Aug. %, 1885.
The note from Judge Advocate Chap
man is I'M substance briefly as follows
u 81 enclose copy of the charges and
lspecifi ations, with such charges as
4 may be presented to-morrow.I 1t is
tproper to say now what could not be
i said sooner, viz: the court will as
Isemble tomorrow mt IL o'clock in the
Court of Claims room, aud will proceed
4 without delay with the case. The OBJ.
4 lection made by yOn will in part be re.
! moved by the orders OF Tomorrow.
A There remains but two points raised by
tiyou to besettled: First, as to the juris.
4 diction of the court, and secondly, as
to the immunity of Capt, Wirz, clafmed
under the Arrangement with Captain
] Moves and the capitalization, as con,
q cluded between johnson and Sherman
I These ! hope will be disposed OF to
4 IIlOrrOV-. or us SOON as Nyfa ret infO thl