New-York daily tribune., 1865-10-04
Il The Associated Press

ft..... WAsYNCrnE. Tuesday Oct j. lsoo.
The wirz Military Commission reass hnb.ed
Joseph Tturaser of the Righteeath Veteran Rcssrr
Cerp testified that f'o Deoonber 81 is6i 10 the ih
AZ March, isS2. ne was prisoner ct Tuscaloosa Ala,
hama There 500 prisoners there under charge OF
Cant. wir1 who was q, tbat time sergcant =.
y Mr schade said that ho was going 10 ste~ by this
vpess that Capt Wirs received at that place f'Oo or
eS0 in gold from tha pyisoBsis the tness tehs one
cfthem and that they were permitted 10 draw money
from time 10 time. aud tho baapeo was rct1rned TO
Eem without aby reduction whatever. =
The Jud ee dvoeste supposed that the counsel pro
posed 10 ptOye good reputation, but such defense was
IA improper A mar may be honest up 70 twenty
fear hours Of toe time that he o,st metiato nuruei
Good oharscier be shown ony by general Teput4'
ton. The ofenses CHAR ged occurred ct AnderStlSle
ard 10 prior conduct could be admitted 10 IePes,ed
thsl pare2iar asis eod not be offered 10 sos GOOD
reputation. Capt. WITz might have committed four
hnd scts. bn also y6 crue! ones.
Nv Sehsde said that the prisoner was Charged VITA
hs5 erm.s. sad therefore 1t was necessary 70 snow
sbst the def DdaOt was good man four years ago
wilhelm ehsi &c of a PRISON si Tuscaloosa.
The witness then In reFN TO the question, Are you
sequanted with tie chaTse,e- Of Cs9t VIE ior ma.
psaiy aud kiDdBess' sId that he Knew mott UF about
It. lot hayiug LeaId any particular remarks on .ho sub
PC. :, ~. a''.'
M. Scsnde said that when tie prosecution closed,
the defense abont 10 commence the coUnsei
Cor The prisoner asked of eight days p ofdeT that fhey
might make tie requisite preparations He DoV asked
that the ConmIssion aljOuia Intil toinorrow wees.
This necessary in order TO do )usaee 10 the prs
ouer, as well as to themsevea With q view 10 save
expense tey bad discharged several witnesses Etoss
testimony would come under that character wjea heo
beon rnled 20 be irrelevant. BY e3journmeIt tte
Government wOua be the loser for Ley would bf
ab to i.ish tie trial nsuoA -'--s.g ..e !.
Tie Could've understand you have witnesses IN
Ne city. sf -'.-
Nr. Scbade--tye ba,e WIS 81. ..aH 900.
The CcnTt-Then go on. '' t'.'
Mr.. Schade--wc win have TO wait til TIE witnesses
come ..--...--,rs,. ,... -..
Judge Advocate Chipman- The Court is not responSi
bic for delay OF Witnesses He knew from expcs ence
ervss II tue rate OF twentyye day. Every aaonrn
ueE Of IRE CONT had beer " as much D.Dept 10 te
defense 20 the pusccr''on. Some of tae kraesses
for The defsnse he6 bcea hcre more than month and
svey power Which the GoYel ae u cases had been
sDpioJed to epable The Defendant 10 bring them
hiIho Ee took occasion 20 say certain par
tss mentioned IN the newspapers tsnine .,ens Lee
Johnston others had rot been snbp nnedi but re
bad pee Informed that sppacaich would BE maze 70
bring them INTO e1urt Ihe plosecn,ion nat ne.n
The eoahel for tie defense II eapy az the day rec
ord. Toere bein. 1eI IsmsD engaged ar counsel
for the prisoner one Of them cond devote his iie TO
tbe pieninary exauilasion OF ther WITNESSES while
lie other oon'a te in constant aftentsfee in court
Tie record showed that every indulgence hah teen
granted to tie COGsssl for tie prisoner both within and
out side Of the .aT.
Mt sctsds 10 the faet that the record or TIE
prosecution occupied $50 pages nearly 2 1pV OF Sgich
.s s.ysssd 70 o. tas rlo.eeSasss Ssa ~ W. 'eis.
nafiy examine witnesses Oh the many points iIVoVed
n % isrrc rnnss of ,estimony % lo 90 OF
Several members Of the Commission expressed them
selves tctse effect thst aupe tfne bad uresdy bcep
given.
The Cour. sner dclberatiug with oyOssd doors. in,
ficimed Nr. SchsGe hat tAey nnderst0Od ssyeLteen
TIess for the defense nsw VI the city. exc!1'
tye of tho.e wha had been examined and discharged
Under these circumstances. the Court we're OF the
opu on the counsel Dasi 20 Until the eraupGaiiop
OF these s4ssRteen witnesses vas exhausted II not,
the Court would take tho matter ipto their ha&ds an
ssagn the Judge Advocate to the eTaaination these
~ ~iinessts -
Schace he coula nnt any afrshino
until be consulted his coIeaCue.
TIE Couri-Ii is his duty to be here. lie knows the
houfsef husiress The Cnirt cadt wait on HIN.
Noe tie witnesses being 10 attendance. excepting
IN l'ann yte eorld not sresr ~ be underwood, they
were sent aer, tie Court declaring recess VI haf
hr Batter. after whom an orderly had been dis
patched. arrived daring the recess. .... F.
On tie reasseH,b'ing OF The Court, Mr.. Baktr said
tiai when the defense commenced they had witnesses
vhohsd previously been exshined. Their testimony
was ofsnch character thot they were able 10 go
Mus far. Ibe Court yesterday could not ail 10 the
eifacalties under which they iabored. The most iip
portaht vies he'd yet be called for the defense
They could not pot item upon the stand until they had
tine 10 20 and arrange their testimony. 1t coph
not be expected thar the witnesses shod be examined
et random Ihis morning heSGggesfed 70 his assocat.
taf he Srs trying N obtain sn assistant who shcult
come INT" tue ,o sad nssist bun In the examination
oi witnesses While he lBkeD would remain In his ofe,
sna prepare ior the testimony an the form Of questions
hsjer'6en Wallace said that Ia civil courts nothing
sss more common than TO continus cases, but he did
pet tlnk spJ cases could BE- found In which time
gwen to counsel to arrange the questions and answer.
oiEtIes,as Hc thought the decision Of tie Court TO
rday right
ar Baser-i did not hear the ruling of ths Court
being absent. .'f.
Gen bake, directed the ruling to be read for the in
toTlation Of NJ. Baker
Mr. baker said that II came to the poiut that be
Ses. 20 &C without knowing to what the witnesses
e. sousa testify. hs must give up the He had be
rsee much labor upon IT aud still willing to de
&io BIS power for his client.
Aftsr fars-r conversation the room was cleared fol
csnoeraiior, and when the doors were opened at l:
enutes % the usual hour Of adjournment Cen Wallace
80 MT Saker 10 facilitate your labors. the Cour
.iansact no further business day and wiz nov
sYxeafn Yxe unth 10 o clock tO OmOrrow morning"
n AAs Court accordingly adjourned.