New-York daily tribune., 1865-10-19
uar,v Of the Accused to the Charge of
Murder
retter from Robert 0uld to "Hog"
Winder.
WASHINGTON. wednesday, Oct ls, 1865.


ae accused and submitted with his approval,
Capt c. NJ. Self recalled and paper shown
hin in which he recognized tle handwriting Of Robert
Ouh. This paper was iD96rsed by Gen. Winder and
samuel + Hunt testified that he found the letter in
,rrste desk Of Gen. Winder, Immediately after the
iii OF Richmond.
NJ Baker asked leave to examine the paper.
Gen. Wallace understood that Mr.. Baker had with
drawn from the case.
Mr. Baker said that such did not appear upon the
recOrd. lie had merely submitted the case.
Several members OF the Court thought Mr. Baker
BAL Withdrawn while Others thought that he had
Mr.. Baker was allowed to proceed.
The letter from Robert 0uld addressed TO Gen. Win
der dated City Point March II, 1903 was then read
II called for al the military and political prisoners ex
ptug officers and said that the arrangements worked
hrgely in favor. I'VE get rid Of set OF mlsera'
BE Wetches and yet some of the best material ever
nN.'
The argument in behalf OF the accused then read
ly ono OF the official reporters.
Col Chipman asked for twenty yiOur hours 10 prepare
Bis closing argument for the Government He eatached
uo than usual importance TO the case but thought he
voId De able TO get through that the Court could
ease its session on Friday.
Tie Court then adjourned until Friday.
The following is the substance Of the plea made by
6e prisoner in his own behalf.
The accused says he appears 10 put on record MS
answer to the charges which he is arrGigned and to
protect and vndicate his innocence. He was there to
answer for all his official and personal acts at Ander
tonYe and II he could convince the Court that ihey
had been void Of offense before God and man. lie
basted that he would not be held responsible ior the
Oacial personal misdeeds of others. He woud be
hdgod by his acts; and If they had been such as
70 warrant his conviction any Of the charges, let
hin be visited with punshment commensurate with
Ae OieDse he did not ask for mercy but he demanded
hSe In aDalyzing the evidence he would endeayor
70 be simple and concise, and above all things frank
and truthful
Ttere sre three distinct parts in which the prosecu.
Han and defense are necessarily comprised. These
gre First: Had he. charged, mRlCiOusly, wiYully
and traorOusy combined eonfederated and conspired
IL II nd I'D a4h nsr Tho Inalf
and destroy the lives Of soldiers in the military service
OF the United Statesi Second: And he the person
who was officially responsible for the priyatons and
suferDg Of The Federal prisoners at AndersOnyiler
And third Had he committed the crime OF murder. or
perpetIaed all or any Of the atrocities laid to his
ebargei
1sto the first he was not conscious Of particle of
testimony going TO substantate the charge Of
seiracy. OF the 100 witnesses who have testified no
one ever heard him utter syllable or do an act indca
live Of his knowledge Of the existence of some helsh
plot nor there the least scrap Of paper found in
ks Office word IN the archives Of the Confederacy
10 show that such conspiracy existed Even II all the
specifications which are grouped under the charge Of
conspiracy literally true there is not shadow OF
evidence thai the suffering was the result of con
Epiraey Capt. WiZ argues that the Government
seldd not believe In the existence of the conspiracy,
from the fact that the names Of Robert T. Lee james
A. Seldom. LDcus NOrtbrOp and DIR. Moore, who were
Indicted with the accused when he first arTaigned
had been stricken out If the charge true now II
true then; and IL there was guilt anywhere II GER
any lay deep and damning on the sons OF those
pbatern officer. He believed that what the Judge
Advocate principally relied upon as proof OF the con-
praey was the expression attributed to him CWh9
that 'he Of more service 20 the Confederate Gov
unmert than any regiment in the irOnt, connected
With the equally wicked and significant expressions at
tiouted 90 Gen. WiDder Gen. Cobb and Capt. W. ).
Wirder As 10 the remark attributed to himself, he
would refer TO that in another part Of the defense Gen
Winder has gone TO the great judgment seat. Howell
Cobb was not allowed to come here and have an oppor
unity Of conradctiDg the testimony referring to hln
The Judge Advocate thus virtually admitted what II
sss expected to prove by him. AS TO W. ). Winder,
be under the jurisdiction Of the United State Gov
irpment. Surely he could not be held 10 answer for
beT rash and imprudent expression. Furthermore, If
be- as subatern officer simply obeyed the legal orders
be could not be held responsible for the motive that
dictated such orders And II he oyerstepped them and
violated the laws Of war. and outraged humanity, be
should be tried and punished according to the measure
Of bic ofense
He further argued that, from bis position at Ander
pnylle he should not be held responsible Tor the
crowded condition Of the stOckade, the unwholesome
fOOd &C.. and adduced the following reasons. among
others That be was not responsible fox the seIec-
ton Of the location. as it was located by w. s. Winder
In le69 while Wrz yet in Europe; that he did not
assume command until March 1864; that Col
Persons, one Of the principal witnesses Tor
he Prosecution, testified that the st0ckade was
sufficiently large and properly located for the The
Col PsEsOnss testimony fully exonerated him CYirz)
nom completely in the selection Of the location over
etOwdiDg the stoekade. failure to provide proper
theter for the prisoners; that DR.. Bates exoneraed
Inn from oil blame account Of the condition Of things
~ tho hospital aud that his testimony cOrrObOraed
ty Df Roy and that Col d. T. Chandler, in his report
10 Richmond never once attached bame to Wirz for
The condition Of affairs at AndefgOnYie.
AZ 70 the third charge that OF murder he hoped 20
6e e9ie to show the Court that be not guilty and
tba he wasae the monster he had been depicted; but
tDat on TIE contrary, he dld what little lay In his
power 10 diminish alleviate the miseTies OF tue
iess 4an IS distinct crimes Of the grade OF murder;
3ti IN no instance the name, date, regiment
circumstances stated in the specifications, and In the
Nhoie mass OF the testimony there but cases Of
ms character that could be fixed with any denteness
eha 10 these two he was prepared 10 make his de-
Hnse The two referred to were the actual real case
m m Cblckamanga' and the mythical case described by
t1e name OF William Stewart Who it Is alleged, was
hot al tie gate near the guard house.
:, Hlth regard 10 Chickamnuga be would make the FOL
oSlag correct statement: On the evening referred 10
sn officer went to his (WirRs) head0uarters and said
toee was man in the dead line jawing the guard and
sTeehng great deal Of excitement. He rode to
Ine stoekade dismounted and went inside and
tsTeo tan nckanauga IN rough way: "Wbat in the
Leil ne was doing there ]" ChiekamauRa rppled that
: ne ne wanted TO be killed" He (wiz) replied that
NJ ihat was all be wanted he would soon hayo It,"
ne tnen drew his revolver 10 menace Cbickamauga
soc me latter became frightened and went outside the
~ yesa me; WEE then ordered the guard TO fire upon
e'd supposed that Chckamaugas friends would allow
Im again TO 20 near the forbidden line wiz then
I'll 81 out oi the stockade, and was his way 10 bis
aosIeie When he heard the report OF a musket and
Eg back and mounting the sentry.box he found that
eeKslnauga had been shot He was shot for viola
son o. rule OF prison discipline; rule absolutely
oees-Iy ~ AndeTsOnye. and Que not unusual for il
enofeed IN nearly all the military prisons in the
beside hs rales we're printed and posted In con.
regard 10 tho other alleged case Of shooting il
eIed IRON that of Chickamanga in that the alleged
un. L. William stewart had the good fortune never
soiso - 1aso been at the AndefsOnye stOckadc The man
MT NOT DC ioupd on the books Of the prison the hos
t'si record or the death register Capt Wirz argues
W. - MS teslimopy cams from man named Gray
hSd pTeyaricated Oyermucb bis statement was not
'"uuueo 70 the least credcnce.