New-York daily tribune., 1865-10-02
Generals Lee and Johnston, lowell Cobb
and Governor Brown Of Georgia
to Testify.
Tho Case to Continue Several Wee,rs
Longer.
WASHINGTON, Saturday Sept, SC, 1865.


veyeral eeks lopger. The examination Of witnesses
fs the defense proceeds slowly shc eernscl taking care
10 thoroughly s them all for the purpose it appears
Of establishing he following facts, namely; That the
.ordnct Of the accused ives generally humane. That
ne vas sick ard absent ou. Andersonyille when many
the alleged atrocities were committed. That he
not responsible for tie vaccination which resulted
dissstrousiy. That he never matrcated anybody nor
scted Wiiiully and maliciously That, although the
rules of the prison stringent and there was lack
Of physical comfort the old Dute Captain, as bis conn
eel calls Lin. lot responsible to the extent con-
tanned ia The charges against him. In word that the
evidence for the Government viii not justify his con-
victio3.
subpoena for Gen. Robert ]. Lee wos sent of this
morning and il is expected be will here by the
middle Of next week.
Gen. Howell Cobb ex.Gov. Brown OF Georgia, Gen.
Joseph T. Johnston and Col Robert 0uld also sun
moted to appear as witnesses ior the defense.
1t IS uudeIstoc1 that the lastnamed will testify in
relation to the question OF exchange OF prisoner and
counsel expects show BY him that ut the fault
Of the Rebel Govonmert ha; the exchange Of prison
sr was not sooner effected.
in view ofthe notoIeiy Of these partiea additional
interest viii be given 70 tic proceedings.
Il is understood that after the trial OF Cap- Wirs Is
VILE Trison ascertaued there win be an invet;igaOn
Of the Salisbury ard oihei prisons Of tie South in
which Unicn prisoners cor fned and moitreatcd.
WASHINGTON Saturday, Sept. 80 ls65. .
The Wirz Military Commission reassenib!ed
to-dcy.
Cant Wright ex- x-Quarevnaster at Andersonville,
yasrecaeG for the defense. lie testified that he tuc'
ceelcl r. b. Wuder at thG; post tie tents Of his Iei'
tnlen for the use of the hosplt he SOU
but failed 10 obtain ior that purposes as 10 iun'
er he was equally unsuccessful the owaers not having
been y ID for what they had previously fuInshed en-
.,rnction served upon him and others 10 prevent
them from cutting timber he had never seen Capt.
Nrg search the pilsouers.
Mir. Baser-Did you hear Capt Wirz complain Of the
bad condition OF affairs.
JudceAdyoea,e Chipman objected 20 the declaration
of the prisoner.
Mr. Bck CT said ne dld not asE fOr Capt. NNzf Gee
Col. Cipusn remarked that lir. Baker had asked
about com plants.
MIR. Pater said II was conpetent according 10 the
ru,es Of law to show tie kindly disposition os the
.cused in order to refate tie allegations that he VII,
fully and naciousiy murdered or natreated the pTis.
Thc Coart remarked tha. they had over and over
sgailroyerrucd such questirNs.
Mir. Baker said lie designed 10 show that Capt Wirz
sccompancd bis complaints by acts TO smelioraie TIE
condition Of the prisoners
hr. Rskcr then withdrew tle question and prepared
eDOfhe- namely: DO know OF Gnyacig the part OF
Cant. Wirz to smeiorate thc condition of the pris
onersl
The witness replied that lie could not tlnt Of any
witness never heard that any soldier received fur.
bugh iof shooting Union prisoners; lie he'd fcqueaiv
carried vegetables into the stOokade FOR the reef Of tho
piisoneIs, after showing Capt. Wiz what ne had TO-
them CGpt Wirz permitted Masonic honors to be paid
20 deceased prisoners; Lieut. Davis was in charge
when Capt. WiIz sick.
Cross examined by Coz. Chpman-The witness hed
TO personal knowledge OF what Capt w diI in the
stockade but outside Of tho stOckado he knew the
accused pat prisoners in the stocks aud chain gang
Turner who bad charge OF the dogs told the witness
that Capt. WiTz had promised bun $50 sec FOR cap.
turing prisoners but tie witness refused TO pay him.
not believing hin 20 be entitled 70 the money.
Judge Hall Of Georgia, who bad testified FOR tho
prosecution, was called as witness FOR 9 defense.
he said he employed by man naIned Dy kos,
ssonst Col bbs and Cay. Wight TO reltrail them
by an INJUNCTION from using Dykea's ground for burial
purposes and emitting timber on it, Dykes subs quentiy
withdrew bis bill voluntarily, when the witness used
bs influence Ia have DYKES Iaid by the Confederate
Government for any loss he might sustain. He wit
described that the land IN the immediate vicinity
of AndeIsOnyle was poor pine barren is chief value
consisted IN tie timber which &C ad De s0a 70 Iaroaa
companies for fuel or crOss-tics; Capt WirE LAD ep,
piled 20 the witness 20 prosecute some men who had
leen apprOpratrg provisions and things OF that sort
belongg 10 the prisoner; be ook ont searehwarrant
unsuccessful; In August le64, be saw Capt. WIZ
whose appearance was that OF. man Just recovered
ffom spell of sickness he feeble and emaoiafed
dogs used In ,orga for racking felons volalors
oflaws and runaway slaves but By the laws OF that
State nobody could DC purs1ed by VICIOUS and savage
Col Chipman objected to the witness proceeding
further that point tie subsequent question asked
Irrelevant. He resented as unjust 10 our soldiers
who had pcred their lives for their couatry. that they
should nov be pat upon the ground of and pursued
common telons.
SIr Baker said that the use Of hounds was first Gu
thorized and made legal by the laws Of the United
sststes The Commanding. General was authorized to
track hurae beings with dogs
MajOr Gen. Thomas said be knew all about that.
1fe Court aaid-Mr Baker you mean Florida.
lff. Baker said he did. and that he might follow mp
tthe question - show that the people Of tie South
were hound by Jaw 10 do whatever commanded by
.she superior military officers
The Court hayisg voted agaiDet the objection raised
by the the witness IN the course OF his
further examIation. said that by the hvs Of Georgia
II was made capital felony 70 hsItoTOr eniert in
Federal prisoners.
Crosscxsmined by Col Chpman- W said his
ceseonist ond remeined sneh mill the c We OF the
Rebellion; he was active and did all he co1l Tor u;
Le had not been acting counsel for the accu ed nc
had. however, been asked questions about 'Gw I'd Ar
swefed them. and had been in AIR. Bakers Office SpS'
trl times; he went with him o. Tie library Of tb5 Su-
Preme Court. and pointed out the decision Of sdge
lnmpkn.
Nj. Baker objected 10 these questions. saying Vat
they did not touch anytl ing which had beer done IA
Tie examination. Although the witnesses for the pro
ecutiOn open 10 reflection he called the Court
witness he had not reflected upon them.
Col Chpn.an said that the gentleman surely did not
NJ ersand the status 70 he because he did attack tie
eredbiy of wnesses--that iis could not be done by
The prosecution. He argued that be had re hsto test
The cTedbty and respeciablty Of the witness In ev
erythng except the actual conviction of crime and in
tbat event he must produce the record.
Mr. Baker replied that the Judge dvocate had a
Sght TO do thing permitted by law but he hod
night 10 Investigate his (Pakers) character c0up
SCI aud discugs IL. II was known that with counsel
everything sacred.
Col. CbipDnn--I did not know that your Office was
sanctun sanctOrgm.
1f