, 1865-01-21

bility Of the prisoner Morris should allow him
any privileges, both should have taught him
more wisdom. If age may be urged IS a jus.
+ Etihcation for crime, what excuse may not in.
experienced youth advance.
Judge Barley objected to the argument OF
the Advocate. It was based on an unfrst
supposit1on that the prisoners were rni'ty
while the universal code Of every civilized na-
tion is that escry man is to be considered IN
nocent until his guilt is fully established in a
court Of law. The counsel insisted that bv
the State laws Of Ohio every man charged
with commission Of capital crime shall be-
allowed separate trial.
| !. Colonel jackson fully justified himself from
the imputation Of the counsel that he Ind ar
gutd uopon the basis of tho prisoners guilt be.
! thought thatafter the unca11ed for aspersions
| from the other side as to the character of the
Witnesses for the prosecution, complaint as
to unfaifncss was decidedly out OF place.
Other counsel attempted to argue the jas-
t1ce OF their claims and the inaccutacy Of the
argument Of the Government, with more or
less yehcmence, whereupon
Major Burnett. the Judge Advocate, inter
posed, assuringsthe counsel that all discns.
zion was out Of place. They werc departing
entirely from the usages and landmarks Of q
military tribunal, and if they continued so to
act, aud to convert the tribunal into Justice
oi the peace court, he should decidedly enter
his protest against it. He Jyns willing that
each attorney shou1d state his views, but
when all wanted to address the Court three
or four times on the same question, they wcre
wasting valuable time. The Government
only occupied the attention of the Commits
sion once, and consequently unlimited time
could not be given to the defense.
Judge Wilson and others protested against
any infringement Of the "r|ghtsn they pos
sesscd In civil court. I understand. how
ever, that at length they decided, that on ey-
cry question one of their number shall be &C.
1ected to speak for the whole, except separate
minor points arise.
The Court then retired for deliberatIon as
to the ,propricty Of allowing the pleas for a
separate tiial. After shoit absence they
returned, when the Judge Advocate al-
nouneed that the decision of The Court was,
that the plea Of CantEcll should be allowed
the others were al1 orcrru1ed. '@
Judge Brodhead, Of st, Louis, on behalf of
the prisoner Marmaduke, requested from tho
J udse Advocate the names Of the witnesses
ior the prosecution, In accordance with the
uaagcs Of military tribunals.
certainly usually allowed, but 1t was a qucs- |
ton o3 privilege, and not of right. In The
present case he declined to give more than |
partial list, inasmuch az many Of the wit
caused him to believe their assertions. Thai |
we're their names known, their lives and prop
srty would certainly be endangered.
Judge Barley did not know who would in
Fnre the witnesses. The accused certainly
would not, and, with the exception Of thcir
counsel, they had no communication with |
other persons. Did they expect the counsel
Tor the defense would turn murdererss
Col. Murray said one thing was certain. It
$ matter Of fact that at the recent trials in
Indiana, many witnesses after appearing for
one dny upon the stand, were forclbly spirit
ID away beyond the reach of the Government.
Judge BARLEY still protested against the With
holding Of the names. It Is notorious Glct
That two OF the witnesses for the Government
had been In the rebel army, but since their
capture and imprisonment By the Fedclals.
had been persuaded to play between the two
parties. '"0
Col. Murray, President OF The Commission.
called the counsel TO order :such
apguagc would not bc tolerated bY HE
-ourt.
Judge Wilson simply wished it to be re-
:orded that on behalf Of the prisoners, Walsh
md Grcnfell, he had asked for the required
larncs.
The Court retired for consideration. and af.
er o moments consultation decided that the
'udge Adrocatc be requested to furnish the
counsel OF the accused with the names Of AZ
many of the witnesses as his discretion ruled
sould be beneficial TO the interests Of the
soEernment- This Major Burnett promised
Q do BY tomorrow morning. The Court
hen adjourned. HARn1E q. G.