The National tribune., 1883-02-22

he was serving at the time it was agreed that
all officers and men should be permitted to
turn to their homes, not to be disturbed by the
| United States authorities so long as they OBJ
| served their obligations and the laws in force
| where they resided. ID That he should not
be held to trial, or in custody, because, at the
time of his arrest he was in the enjoyment of
| his liberty, and was promised by Captain Noyes,
of Major General Wilson's staff, that he should
not be held as prisoner, but that after giving
| such verbal information to General Wilson
! he was able, he should have Safe-conduct to
| his home which promise was violated. Sd.
| That the commission had no jurisdiction to try
| him for the offences charged also, that he had
been on the 2lst of August arraigned and put
on trial before the same tribunal on the same
charges. and could not be tried or "put to an
swer" second time therefor. Also, that the
charges and specifications were too vague and
| indefinite, and did not make out an offence
| punishable by the laws of war.
All these pleas were discussed at length on
both Sides and were, after elaboration, prop
! erly oyerTuled by the commission.
A plea Of mot guilty" to both charges and
| specifications thereto was then made by the
| prisoner.
The investigation of the matters alleged
/ against the prisoner then commenced, and con-
i tinued until the 2lst day of October, during
/ which time 14S witnesses for the prosecution
| and defence were examined and a large amount
OF documentary GNluGltt lUullh III lHt OlitidI
papers captured at Andersonvile, and among
the rebel archives at Richmond, was intro
| duccd.
| One of the counsel for the defence then asked
| for an adjournment of two weeks at least to
enable him to prepare an argument.
The commission first decided to adjourn ten
| days, and upon his further petition, twelve
/ days, for this purpose. He, however. declared
| that il was insufficient time, and thereupon
| announced that he would submit the case with
I out remark. After an adjournment OF four
! days, an elaborate statement of the prisoner
was submitted. which was prepared by him,
| with the aid Of an able assistant, (the chief
reporter of the trial which goes over the whole
case in explanation Of certain acts averred, and
in denial of the proof or truth of all the Others
The closing address of the judge advocate
| Immediately followed; and thereafter the court,
having maturely considered the evidence adj
duced, found the prisoner guilty of both charges,
after slight amendments of the specifications,
and sentenced him TO be hanged at such time
and place as the President might direct.
A REVIEW OF THE TRIAL.
| In his report to the War Department dated
October 81, Judge Advocate General Holt says:
Language fails in an attempt to denounce, even
in faint terms, the diabolical combination for the
destruction and DEATH by cruel and fiendishly in
genious processes of helpless prisoners of who
might fall into their hands, which this record shows
| far time permitted, accomplished by the rebel
authorities and their brutal underlings at Anderson
| vile prison Criminal history presents no parallel
to this monstrous conspiracy, and from the whole
catalogue of infamous devices within reach of hui
| man hands, a system for the murder of men more
revolving in its details could not have been planned
Upon the heads of those named by the court in its
| findings the guilt of this immeasurable crime is
/ fixed a guilt so fearfully black and horrible that
! the civilized world must be appalled, by the
spectacle.
! He then proceeds to review the evidence sup
! porting the second charge-willful murder
and says:
The testimony supporting the first specification
1 is that of Felix de la Baume Union soldier, who
states that about the Sth of July, 1864 he
one of detachment of prisoners taken to Wirz's
headquarters to be enrolled before being sent into
prison; that one of his comrades attacked with
! epilepsy, and some of his companions by permiS-
sion of the guard ran TO the creek for water that
he, the witness, heard shot fired, and turning,
saw WirZ fire two more, wounding two prisoners,
| one of whom the witness never saw nor heard of
afterwards; and the other of whom he saw carried
up to WirZs headquarters, in dying condition. the
wound being in the breast
There is also the testimony of George Conway,
who states that about the 1lth of July, 1864,
| be saw Wirz shoot Union prisoner within the
stockade as he was STOPPING to pick up his cup,
which had fallen under the deadline, and that the
man died almost instantly.
Which OF these two cases (either being, 1t Is con-
ceved sufficient to sustain the aegationl the court
| relied on, does not, of course, appear.
In support of the second specification Martin e.
Hogan testifies that sometime in September when
| the prisoners were being removed from Anderson
| vile TO Millen, he saw Wirz take prisoner who
was worn out with hunger and disease, by the coat
collar and because he could not walk faster wrench
him back and stamp upon him with his boots; that
the man was borne past him witness bleeding from
| his mouth and nose, and died in a short time.
The third specification is supported by the testi
| nony of George w. Gray, who states that about
the middle of September 1864, he and a comrade
named William Stewart, private belonging TO
Minnesota regiment went out of the stockade, in
charge of guard, to carry dead body, and that
tbar
way back TO the stockade, when Wirz rode up to
them and asked, "by what authority they were
! out there;' that Stewart replied they We're out
there by proper authority whereupon Wirz drew
his revolver and shot Stewart the ball taking effect
in his breast and killing him instantly; and that
! the guard then took from his body some twenty
thirty dollars, which Wirz received and rode away.
Further evidence in regard to WirZ killing certain
prisoners was presented but the dates given by the
witnesses show the murders to have been other
than those alleged in the specifications They will
be referred to illustrating the character of the
prisoner, and establishing frequency and repltItion
| of like crimes.
James H. Davidson testified that in April, as he
remembered, Wirz came into the stocllade one day,
and lame man went up to him and asked him
| question, whereupon Wirz turned round" and shot
| him, and he died
Thomas G. Alcoke states that one day the witness
to have knowledge recollection of dates
| Wirz came into the stockade, and man asked of
him permission TO go out and get some fresh air;
that WirZ asked him what he meant and that after
a few more words had passed between them Wirz
Ubeeled around pulled out revolver aud shot
NiW uDCT taxing MS breast ana
! death occurring about three hours afterwards 1t
also appears by this witHess that when he renon-
strated Wirz told him he had better look out or he
would be put in the place, and that soon after
! Wirz came in with guard and put him in irons.
Hugh r. Sneo testified that some time in Septem-
her, 1864, party of Union prisoners were to be
! changed under arrangement between General
Sherman and the rebel Hood; that they taken
from the stockade after dark the heat in the day
great that the nsen would have tainted; that
none but able-bodicd men were selected, it being
stated when they were called out that any one who
could not walk eighteen miles day would be shot;
that notwithstanding this the men were so anxious
to escape Imprisonment that some too weak to per-
form the days travel came out. The witness states
| that three, who belonged 20 some western regi-
ments were able TO go but a short distance before
they tainted and fell out of the ranks, and were
pushed side by the guard; that thereupon
man ran back, and speaking in a voice he thought
at the time 10 be that Of Captain HiTz wanted TO know
why they were there that they replied they wished
to get out of prison; whereupon this man said, I'm
six pistol shots followed by a cry as if some one
was hurt and Immediately after rebel lieutenant
came past, remar<ng that if brutal act :" that
one Of them was dead" and when asked who did
| it." replied, the captain"
THE DEFENCE.
The most prominent features of the defence under
this second charge will now be considered:
An attempt was made TO prove that during the
| whole OF August and parts of July and September
| the prisoner sick and confined to his bed and
| could not have committed the crimes charged to
him in those months. In his statement TO the court
| however he made reference to his absence
doubtless for the reason that the testimony of
1 general and loose a character O = con-