The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-12

oner's counsel, requested that nun
Der of the witnesses for tho defenc
should be sent for, and on their nppU
cation, this was done, some of tier
could not be found, and others VIII
were found, Ind not vet reported, TIL
reason for this neglect the counsel TO
the defence did not know. Since til
trial has been progressing, matter
were developed which showed IN
necessity of other witnesses.
The Judge Advocate had shown eve
ry disposition to procure the attendnnc,
of witnesses, SO far as making out sub
pEnas was concerned, and so far MS |
was within the means of the defence |,
| give new names AS had been REQUIRED
by the Judge Advocate. Some sixty OF
seventy We're inSew York, After siIt
ing them they came to the conclusion
that only nine or ten of them would bt
required, and now, that thetrial Was an.
proaching an end, he repeated, tIlut tilt
witnesses he had asked for We're abso,
lutely necessary for the prisoners de.
fence. They would not put the govern.
ment to any unnecessary expense Sc
far MS relates to New York, Richmond
and in the neighborhoOd, the witnesses
would be sent for ut the expense OF the
defense. But further south there being
| greater difficulties, that the government
should grant the accommodations in
the manner requested he, Mr., Baker
would be ready with the list of witness
es tomorrow, in order that the messen-
ger might leave at once.
Judge Advocate Chapman replied
that the court was aware that from time
to time he had urged that the rule be
complied with, namcly-that u list of
witnesses be furnished; that had moi
been done, and this morning the con ri
| was called upon to make the request OF
the counsel that another special mes
senger be sent South; he said four
weeks ago that we would be dispatched
to secure witnesses more for the defense,
than for the prosecution; those for the
latter were mainly here nt the time tho
bailiif went to the Old Capitol Prison.
and after the defendant had been fur
nished with copy of the charges and
specifications against him.
a list of witnesses was made ont nv
the prisoner, aud supervised by Mcssrs.
Hughes, Dever and Peck, ut that time
his counsel, to which was attached this
endorsement by Captain Wirz: 't,Ihe
above named witnesses are all 1 re-
quire." All of these Witnesses, except
ing four or five, We're here. The alb
sentees were accounted for by the fact
that several We're in Europe, and the
others i'll Texas. He had only TO saw
that il in the progress of this trial, il
was believed by the counsel for the de-
fence, that additional witnesses We're
necessary. 1t was only fair to the Gov
ernment that the counsel should give a
list of the witnesses, and where they
could be found, and also what thew ex-
pect prove by them. He asked TINT
there be no delay, and no unnecessary
expense to the prosecution in this mat
ter. The Government was trying to do
what was fair, Witnesses i'll the South
could be procured by telegraphing to
the nearest military post. On Saturday
he suPppned forty witnesses for the de-
fence, and placed postage stamps on the
envelopes for mailing, as fost as the
counsel had furnished him with the
names. He did not know what more
the Government could do.
Mr.. Baker said it might be well to re-
ply to the suggestion OF the Judge Adj
Vocate to call attention to the fact that
many witnesses who had been subpCe-
naed for the prosecution had been eN-
amanied on the part OF the Government,
and sometimes witnesses complained
that improper language had been used
to them TO draw out of them something
for the prosecution. He hardly be-
lieVed the Judge Advocate would ut
tempt to use the influence of the Gov
eminent to flightcn or press ont of our
witnesses anything for the prosecution,
and he would not charge il that the
witnesses came hero under peculiar
circumstances. Many of them feel il
necessary to say and do all they can
TO leave n favorable impression with
the Government oflicersto show their
friendship or gOod-feeling for the Gov
eminent.
MIR. Baker, III continuation, remarked
that the absence of the witnesses re-
ferred to necessitated the presence of
others 10 fill their places. With regard
to the suggestion of the Judge Av6cate
that he should make affidavit Ofwhat he
nrnnnSn1 tn
could not do so for want OF time. The
Court wonld have to adjourn fora week
TO enable him to do so.
The Court, after deliberntinp with
closed doors, announced its decision
relative to the witnesses, viz: that the
defendant should present to the Court
an affidavit to the names of the several
witnesses, their places of residence, and
reasonable grounds that they cnn be
found, and, secondly, to the facts he
expects and believes he can prove by
each of them. From this the Court
may determine tie materfaIity of the
evidence and order the witnesses uccor-
dinghy.
Mir. Baker said the Court understood
from his remarks, kllnt with NIL the time
the counsel could give TO this subject.
they could not with their other duties,
draw up separate aiildnyits. He was
willing, however, to do any thing In
Z
fence and must from necessity, after
the prosecution closed, ask for n few
days in order to attend to what the
court required, even If he had to work
day and night, SO that tho 'subpolnas
might be sent as soon as possible.
The court said that il would be better
to grant tho time now than after while,
when the prosecution is closed; that il
involved time TO make afiidavits and
to send messenger To Georgia.
Mr.. Baker replied, that they had no
witnesses beyond New Orleans,
The court said they We're disposed to
grant the time, but the question was,
whether they should do so now or hf-
ter while. f1 qfEsT .s.r tdaE M
Mr., Baker suggested that if they
waited until after the perSccutibm had
ended, many things would have been
developed for which they could provide
in their suInmoningIof Witnesses If
the court adjourned now the counsel
would lose Il great deal of time, but
after the prosecution closed, the coun-
sci must lave time to look over what
the Government witnesses lind testified
10. II they had an opportunity they
could cOnfine the witnesses for tho de-
fence to particular points. Z,
The court replied That All aflid1yit as
to what the prisoner proposed to prove
must be appended 10 the name of each
witness, or prisoner could state his be-
lief LIN -.l-B LA
Mr.. Baker said theipresfdent Of the
court, being lawyer, knew that law
yers always shaped the ntfiadayits.
MIR. Baker replied that it required
time. The court could give IL TO him
by adjourning. He must have time to
know how to shape them.
- Major Gen. Thomas said this question
wns pretty we'll opened the first week.