The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-24
The Charge Of Conspiracy Still T6ade,
but Against Unimportant Con-
federates Of the Prisoner.
The Counsel Of Wirz Throws Up
the Case and Retires from
Court Disgusted.
Judge Advocate Chapman in a
Delicate Position.
He is Appointed the Counsel Instead OF the
Prosecutor Of the Prisoner.
,4 IN re- NC.

Prosecutor Of the Prisoner
&c. &c. &c.
WASHINGTON, August 2S 1885.
The wr2 Military Commission met this morning at
eleven o'clock in the Court Of Claims room, at the
capitol
Judge HUGHES, counsel for the accused, said that
soon the prisoner should be brought into court he
would submit motion.
Major General WALLACE remarked-Time enough will
bs given for that purpose
Judge HucHEs-I will present 1t at the earliest
nent
The prisoner was at this stage OF the proceedings
brought into court in custody of military guard.
Judge Advocate CHIPMAN called the roll Of members,
al Of whom answered to their names. He then read
order from the War Department. dated the 22d Of August
IN substance that the military commission which was to
convene the Goth inst h by order Of the President Of
the United States, dissolved, and then read another
order dated yesterday, convening special commission,
70 assemble to-day at eleven O'clock for the trial Of
Henry Wir and such other prisoners may be brought
before IT, the detail Of officers being the that Of
ttN previous commission.
Major A. A. Hosmer has, application of Colonel
Chpman the proper authority been appointed Assist
ant Judge Advocate.
Judge Advocate CnPMAN asked the prisoner whether
he had any objection to the members Of the court
Mr. PECK OF counsel said that there none person
ally 70 the members
The members Judge Advocate and the official report
ers were then sworn promising in addition impair
ta performance Of duty, that they would not mprop
ery disclose the proceedings and OF the
court.
Judge Advocate CHrPMAN addressing tho prisoner)--
You are charged under the Of Henry wrz is that
your namei
The prisoner said IL
Judge Advocate CHPxAN-The charges and spechca-
tions will now be read.
Major General WALLACE, the President Of the Court
Let the prisoner stand up. t..e~.
s1~ fnE ck1E1as AND SPECIFICATIONS.
Captain wirz to his feet, when the charges and
specifications were read,
They are Substantially the same those upon which
he was arraigned on Monday He is first charged with
nacously wifully and traorousy, and in aid Of the
then existing armed rebellion against the United States
Of America, before the LIST day Of March, AZ D.
1se pnd divers other days between that day and the
1osA a Of April lseS combining co5iedeTatng and %
eisSsASon, and others unknown, to injure the
military service Of the Unitei States, then held and
being prisoners Of within the lines of the so-caled
He cnS that the armies Of the United States might be
weakened and impaired in violation Of the laws and Gus
The above differs from the former charge in this
namely THAT the names Of Robert f. Lee, James A.
ether charge That Of murder produced by hcarless
brutal and cruel treatment The specifications are four
! Judge Adyocas, CHIpxAN asked the prisoner what
answer he had TO make to the charges
!: The prisoner made no reply.
oBJEcrroN 70 THE DISSOLUTION OF TIE ORIGINAL
COURT.
Judge HuanEs OF COUNSEL said that these new charges
and specircaqns or tue fact that any amendments or
reached him now for the first time. The counsel hs4
received an ocla mole this morning from the Iidge
Adyocao which he would ,esa sccompaaio T oy copy
addressed % the arn 81 which he was member viz:
Hughes Denver Peck, dated August 23 1885, The note
frQm Judss Advocate Chapman in substance briefly as
36llows:-
JUDGE ADVOCATE cnrPMAN's NOTE.
enclose copy Of the charges and specifications with
such changes as may be presented tomorrow IL Is
proper 70 say what could not be said sooner, viz =
the court will assemble at eleven O'Clock in
ther delay with the The objections made by you
win in part be removed by the orders OF to omorrow.
There remain but two points raised by TO be settled
isl A. the Jurisdiction Of the Court 3D. As to the
Immunity Of Captain wrz claimed under the arrange
mcnt with Captain Noyes and the capituation rs con-
ciudcd between Johnston and sherman these, hope,
win be disposed Of tomorrow or as soon as we get into
Judge HuaHrs said the note was not dated yesterday
bat to-day, this being the 23d
Judge Advocate CmrNAv said the note written yes
ruR COUNSEL OF wIRz ABANDoNs THE CA sE.
Judge HugHEs remarked that he saw BY morning
paper only thai tho court was 10 meet to-day, and wa'
mere accident that hc came here The authorities wer,
ample that the prisoner should have time TO plead ant
prepare for defence and 10 consult counsel and the
prisoners behalf ne asked the Commission TO give hin
sufncient time. The prisoner, without any fault OF his
would now be- under the necessity Of employing new
counsel he udgc Hughes was inclined 70 think tina
he had rendered all the professional serrfce required BY
his obligations II necessary for him TO give th
reasons for Withdrawing from the case but this ough
prevent the Court from determining the question
Of giving further time
ta Judge Advocate CHrxAs did not object TO his not
being read as an o1cia paper He placed the amend
ens of the charges In the hands Of the counsel as
q possible The note written at dark AMI sent by NJ
old and faithful orderly ana delivered al the once whc
he supposed the gentlemen occupied during The day bu
nsy y,D may n"ve sev Ose against proper % Adjournment
60 enable the prisoner prepare for defence He shou
certainly part from the gentlemen with regret yet
aid not feel that either himself or the court ought
yntinated by the threats OF counsel II there
hnrd grievance he supposed the court would prOcee
properly and legally he proposed TO curta no rsb,
u On no Nvilese 70 which counsel - s are cocr, cn'ea
Judge HugHB remarked that this was new cour
Just brought into being Tho court would not snbjet
ne prisoner to the 81 sns g
suit from H. This court Rnew nothing OF the other
former chsyss II he had said anything calculated
inmasss Tie court g intimassd oy ns ySeGs a nav ~
pos5d he would avs had an admonltion in the count
nances Of The omoeY composing the court ana IN u
cSn6sS g ss'; that w0oS rsrSsps 9s sI
you'd make elWiefT remark applicable 10 his friend u
judge A(vQpqte leNp aware that the latter had ev
ss Y saS sus ;: RE- CO. heard y of ~ Y ..,s,,. ,n
l.s!ss s &!N ~ ihs !sOsas ss,Sn would bring |,
-. yrD0. 1Yaa.s sLFlexs prsays1np. :,