Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-09-16
Treatment Of Federal Prisoners and Rebel
Wituaeses.


Treatment Of Federal Prisoners and Rebe
Witnesses.
The following letter from one of the
counsel of Captain Wirz effectually con.
tradicts the false statement of the Chron
icle with regard to the manner Of the dis.
missal of Colonel Ould and other dis
tinguished Southern men who were sum-
moned as witnesses for the defense upon
that trial, but were not allowed by the
prosecution to testify:
WASHINGTON, d. c.. September s, 1868.
To the Editor Of the National Intelligencer
My attention has been called to the fol
lowing extract from an article contained
in the Chronicle Of the 9th of August
last, to-wit:
"The statements in Robert Ould' let.
ter that though announced as a witness
for the defense in the Wirz case, he was
dismissed by the prosecution, is authori-
tatively pronounced malicious perver-
sion of the facts. In military trials all
witnesses are both summoned and dis
missed by the Judge Advocate; and had
Wirz's counsel designed that Mr.. Ould
should be put upon the stand, it would
have been done, though he would not
have been allowed to make an entirely
irrelevant statement in defense of the
rebel system of exchange"
The words authoritatively pronounc
ed " induce me to believe that the said
article emanates from one of the partici.
pants in the trial of the unfortunate
Captain Wirz. They tremble for fear that
retribution will soon follow, and are,
consequently, trying to exculpate them
selves by false statements But there is
no escaping for them !
Last spring report of the Wirz trial
was published by order of Congress.
Though somewhat mutilated and cur.
tailed, it will yet serve to expose the
above falsehood of the Chronicle On
page 6l5 of that report | find the follow
ing:
1.-THE Judge Advocate (Col. Chipman)
There is another point which desire
to submit to the court. During the pro-
gress of this trial | have sought to exer.
else, as properly as / knew how, the dis
cretion placed in my hands by the court
upon the subject of subpenaing witness
es. Some witnesses who may properly
be termed rebel functionaries have been
subj 9naed by me inadvertently. have
signed such subpGnas made out by my
clerk with great haste, and without no
ticing the fact. Others were subpenaed
by me deliberately, but upon further con
sideration 1 deemed ii my duty TO reroke
the subpoena. This remark applies to
certain class of witnesses which the court
will understand; it embraces men who
have been leaders in the rebellion, such
as Gen. Lee, Mr.. Seddon, Mr. Mallory,
Surgeon-General Moore, Commissioner
Ould, and others"
1t will be observed that the Judge-Ad-
vocate, having in the eyes of his superiors
committed the great blunder of permit
ting the defense to have such witnesses
whose testimony could not be
otherwise but damaging to the blood
thirsty plans Of Stanton, Holt, and their
tool Grant, tries to excuse himself by
stating that he had corrected his error
and revoked the subpenas. On page GIT
he again says:
Certain political questions in
volved in subp1naing such persons as |
General Lee would suggest themselves to |
any mind. After it came to my knowl- |
edge that those witnesses were to be
brought here for purposes other than
hose indicated by counsel acted on
what l thought wise discretion, and
revoked the subpenas to General Lee
and others. In every case where | re.
voked subpeuas, or declined to issue
hem, the evidence duplicates the party |
Is an accessory either before or after the
act, a principal in the first or second
legree, or co-conspirstor."
In page 6l8 he expresses the following
sind feelings towards Colonel Ould:
Colonel Ould is connected
With those atrocities. or be will be con-
lected with them before the conclusion
If the trial. and the court cannot allow
lin to testify for his associate. Colonel
)uld was in position where the facts re-
,arding the prison at Andersouville must
lave come to his knowledge"
Colonel 0uld had, therefore, a narrow
,scape from becoming an inmate of the
Did Capitol, and sharing the fate of poor
Virz. Had the real Andersonyille mur-
lerers only imagined that some years
ater be would expose to the world their
errible and c'uel crimes toward their
'wn soldiers, doubt very much whether
,olonel 0uld would ever have been per-
nitted to return to Richmond, for dead
nen tell no tales"
1t is almost superhuous, after citing
he above extracts from the official
ecord, to state in addition that the sub
enas of General Lee, Colonel 0uld,
nd other Southern witnesses, we're
topped or revoked without the consent
nd even the knowledge Of the counsel OF
'spiain Wirz. As the whole trial was
oihing but most wretched farce, those
enilemeu, even if they had succeeded /
4 appearing IS witnesses before the 1
would not have been per- I
lifted to say anything in favor Of the '
risoner and the cause Of iustics e1d
nmanity, Perhaps they may have q
bared the fate Of one Of the witnesses I
II The defense (Duncan), who was
rresied in spen court before be had Z
me to testify. At any rate, they !
ould have been subject TO the over {
caring insolence Of the President Of the =
en. Lew Wallace, whilst {
the other end Of the table the Jndre :