The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-22
THE WIRz TRIAL.
Conclusion or Judge Advocate Chipman's
ArEument-Thc Case Now Awaiting the
Decision OF tho Court.

y
Decision OF the Court.
wAsmSGroS Oct 81, 1865.
The wirz military commission rcassemblcd to-day
Judge Advocate CHIPMAS proceeded TO read his argu
ment on charge second, alleging murder, in viola
ton ef tho laws and customs Of war, treating the
Subject under four heads, a. follows:-
FUs-The various cases death resulting from mutiz-
ton by hounds
Second-Thosc resulting from confinement in the stocks
and the chain gang.
Tird-The Of killing OF persons by tho guards,
pursuant direct order OF tho accused given at the
time.
F5uysa-Thc cases of killing by the prisoners
hands.
briefly argued the responsibility of the accused and
said that every death a murder for which nc Is
accountable he having grossly violated the law and
toms or war.
Col. Chapman quoted from the evidence to show that
every where asked 70 hold the prisoner
sponsble The inflicted which had fatal result
the testimony would be found positive direct and clear
therefore the commission not asked To lind him
guilty vague and indefinite evidence The deaths
sulting from the OF tho stocks AMI the chain gang
as an indiscriminae punishment for tho healthy aud
the sick, the strong and the feeble, and the deaths
consequent upon the pursuit Of escaping prisoners with
ferocous bonud hut the natural and probable
sequences OF the prisoner aiming and
carrying out this bsblrous system Of detection. What
natural and probable that prisoner enaciaed by
disease and starvation should, when confined m the
chain gag or the stocks, die from such connnementy
What nc-e natural and probable than that
ferocious dog, when pursuing an escaping prisoner,
should tear and mortaily mrtiats such prisoner par
ticu;ary VI he ia the dsbilitaed condition which
characterized mos; Of the prisoners al Andersonvie
And whom death results under such circumstances and
from the adoption of such methods Of treatment an
tenton 10 Xii The part OF him who adopts them Is tho
necessary and rghtiul presumption Of the law,
just intent to murder concusyey enforced from
the deliberate Of deadly weapon. Again. IL Is laid
down that the crime OF murder contaminated when
any wfuily cndangers the life Of another by
any act emission likely 10 kill and which does kill IL
has also been declared high legal authority that II
Is moi essential that the hands OF the should mme
proved 10 have used any mechanical means likely
occasion death, and which do ultimately oc-
S ,, y ma, ma, souG poison for or InSssr
for medicine and expose him against his will In
scason by means Of which he dies
Colonel Chapman quoted from other authorities saying
that from these principles u follows that when show
the prisoners responsibility for the of the chain
gang AMI the stocks and for the employment OF tho
hounds show every death resulting from these
was murder for which he IL TO be held respon sibie
Colonel Chapman proceeded a. length 20 show that the
a picture of his brutality In the OF the killing OF
Chattanooga painted by his own hands, and that
he gave loose rrns 90 his dcbased passions.
Colonel Chapman continued with brief analysis OF
other testimony bearing upon wrzs creitcs In connec
ton with the dead line and said he would leave II to tho
Court TO arrive at their conclusions. Colonel Chip
maintained that In eighteen instances mentioned
deliberate murders we're committed by Captain Wirzs
hand. Colonel Chapman said IN conclusion Ill we had
travelled through the history OF these long weary
months of suffering, torture starvation and death, wo
should have become familiar with each days roll OF
those who had passed away. The mind could not con
template this roster OF the dead without feelings oil the
utmost horror Mortal man has never been called 70
answer before legal tribunal 10 catalogue OF crime
like this One shuddcrs ut the fact, and almost
doubts the age we live in 4 would not har-
row up your minds by dwelling further upon
this woefu record Tho blgaton you have taken
constitutes ysu the sole judge both OF the law and fact
! pray you administer the ono and decide the other,
melting out TO those involved In this crime OF tho uni
all justice without fear, favor or Partially and
without regard to position, high low, Of those proved
guilty.
The prisoner here requested that Doctor Bates might
examine his person IN the presence OF the Court to show
that he physically incapable Of committing the acts
OF murder and the batteries alleged against him.
The request granted
closed and not again opened TO the public
The Court In session deberaed the case sub
mted; but nothing can DO known Of the result until Il
shall be efnciarly promulgated